The Woodward News

Local News

September 6, 2012

District Attorney rules Woodward Industrial Foundation is a public body

Rowynn Ricks Woodward News

Woodward, Okla. — Questions have recently been raised about whether the Woodward Industrial Foundation is a public body.

The foundation says no, but Woodward County District Attorney Hollis Thorp disagrees.

Thorp recently issued an opinion in which he "ruled that the Open Meeting Act applied" to the Woodward Industrial Foundation (WIF).

In a brief telephone interview with The News late Wednesday afternoon, he said his decision was "based on Oklahoma case law and the Oklahoma Open Meeting Act itself as well as previous Attorney General opinions on the Open Meeting Act."

"There were many basisses for this.  One was that they (WIF) do receive a large amount of taxpayer funds.  Also case law says that the Open Meeting Act should be construed liberally toward openness," Thorp said, adding "there's many other reasons, too numerous to go over on the phone."

The News requested a copy of the opinion itself, but Thorp said he couldn't immediately provide one since he had already left his office for the day.  However, he did agree to provide a copy once he returned to his office on Thursday.

The DA said he issued the opinion after it had been requested of him by a public citizen.  He did not elaborate about the nature of the request.  

However, Thorp did say that his ruling is not retroactive.

"No, I'm not going back into the past.  I'm not seeking to file criminal charges or anything like that for past events," he said.

Thorp said he didn't feel it would be fair to hold the foundation liable for not following the Open Meeting Act prior to the release of his opinion on the matter.

"At that point in time I'm sure they (WIF) felt like they were abiding by the law and I hadn't yet issued an opinion, so it's not fair to hold them accountable in the past," he said.

But from this point forward, Thorp said the Industrial Foundation is asked "to comply with the act."

The DA said he didn't want to speculate on what would happen if the foundation failed to comply.

"I have to look at that when or if it happens," he said.

However, the law does set out repercussions for violating the Open Meeting Act.

"If there is a willful violation of the act, it is a misdemeanor," Thorp said.  "But it has to be shown that it was done willfully, not just an oversight."



FOUNDATION'S RESPONSE

When The News contacted the Woodward Industrial Foundation for comments on the DA's ruling, Alan Case II, chair of the WIF board, provided the following prepared statement:

"The Woodward Industrial Foundation is in receipt of the District Attorney's letter advising the Foundation that it is a 'public body' subject to the Open Meeting Act. We respectfully disagree with the District Attorney's determination and we do not believe that the Foundation is a 'public body.'  The Foundation was organized as a private, not-for-profit entity.  The Foundation contracts with the City of Woodward to provide economic development and business recruitment services.  The Foundation is not part of the City of Woodward and has never been an instrumentality of the City of Woodward.

The Foundation is currently reviewing its legal options and the Foundation Board will respond to the District Attorney's letter as it deems appropriate."

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