Public trust funds aren't public?

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That page about Oklahoma's "Blaine Amendment" (linked by Brandon Dutcher, regarding school vouchers vs. tax credits) had an interesting summary of an Attorney General's opinion:

1984 Op. Atty. Gen. No. 227. ("Funds raised by or through a public trust organized under 60 O.S.1981, § 176 that do not come from the public treasury are not 'public money' and not subject to Article II, § 5 of the Oklahoma Constitution.").

Title 60 trusts are everywhere in Oklahoma government. They exist in part as a way to bypass constitutional limits on government contracting.

Although OSCN has Attorney General's opinions online, I wasn't able to find the one mentioned.

This is just a brief note to self to see what I can learn about this.

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2 Comments

XonOFF said:

I've always contended that, if contested, most of our public trusts would be found unconstitutional.

This argument, of their funds not being 'public', would reinforce my claim.

Probably wasn't indended to be this way, but the latitude provided creates what amounts to shadow government operations, which are almost inaccessible, or responsible to the public. That was not the intent, but was to have removed politics from necessary background operations.

They've been subverted away from public scrutiny and far in favor of special interests today.

Don Author Profile Page said:

It is actually considered a 1983 opinion, 1983 OK AG 227, which was "decided" in 1984.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=57683

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This page contains a single entry by Michael Bates published on August 16, 2010 3:00 PM.

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