Okla. Stat. tit. 60, § 60-178.8
This is the official text of Okla. Stat. tit. 60, § 60-178.8, part of Oklahoma’s Stat. tit. 60, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 60,." Browse the sections below, each linked to its official government source.
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Conflict of interest - Transactions exempt -
Official statutory text
Applicability to public trusts created and existing prior to July 1,
1988.
A. Except with regard to residents of a facility for aged
persons operated by a public trust, who are trustees of the public
trust operating the facility and who comprise less than a majority
of the trustees, a conflict of interest shall be deemed to exist in
any contractual relationship in which a trustee of a public trust,
or any for-profit firm or corporation in which such trustee or any
member of his or her immediate family is an officer, partner,
principal stockholder, shall directly or indirectly buy or sell
goods or services to, or otherwise contract with such trust. Upon a
showing thereof, such trustee shall be subject to removal and such
contract shall be deemed unenforceable as against such trust unless
the records of such trust shall reflect that such trustee fully and
publicly disclosed all such interest or interests, and unless such
contractual relationship shall have been secured by competitive
bidding following a public invitation to bid.
The following types of transactions are exempt from the
aforementioned provisions of this section:
1. The making of any loan or advance of any funds to, or the
purchase of any obligations issued by such public trust, in
connection with the performance of any of its authorized purposes;
2. Any legal advertising required by law or indenture or
determined necessary by the trustees of such public trust;
3. The performance by any bank, trust company or similar entity
or any services as a depository; or
4. The sale of any public utility services to such public
trust, in which the price of said services is regulated by law.
It shall be the duty of each public trust to compile a list of
all conflicts of interest for which its trustees have made
disclosure. It shall also be the duty of each trust to compile a
list of all dealings between its trustees and the trust which
involve the exempted transactions listed above. Such lists shall be
compiled semiannually for periods ending June 30 and December 31 of
each year. Such lists shall be compiled on forms prescribed by the
Oklahoma Tax Commission and shall be matters of public record.
Copies of such lists shall be filed with the Secretary of State by
September 1 and March 1 of each year.
B. The provisions of this section shall be inapplicable to any
public trust created and existing prior to July 1, 1988, if all
bonds issued by such public trust are required to be issued under
Oklahoma Statutes - Title 60. Property Page 136
and pursuant to a single bond indenture by amendment or supplement
thereto and if the instrument or will creating such public trust and
the bond indenture under which such trust must issue all bonds shall
have been held to be valid and binding agreements in an opinion of
the Supreme Court of the State of Oklahoma; and nothing in this
section shall impair or be deemed to impair the trust indenture, the
bond indenture, or existing or future obligations of such public
trust.
1988.
A. Except with regard to residents of a facility for aged
persons operated by a public trust, who are trustees of the public
trust operating the facility and who comprise less than a majority
of the trustees, a conflict of interest shall be deemed to exist in
any contractual relationship in which a trustee of a public trust,
or any for-profit firm or corporation in which such trustee or any
member of his or her immediate family is an officer, partner,
principal stockholder, shall directly or indirectly buy or sell
goods or services to, or otherwise contract with such trust. Upon a
showing thereof, such trustee shall be subject to removal and such
contract shall be deemed unenforceable as against such trust unless
the records of such trust shall reflect that such trustee fully and
publicly disclosed all such interest or interests, and unless such
contractual relationship shall have been secured by competitive
bidding following a public invitation to bid.
The following types of transactions are exempt from the
aforementioned provisions of this section:
1. The making of any loan or advance of any funds to, or the
purchase of any obligations issued by such public trust, in
connection with the performance of any of its authorized purposes;
2. Any legal advertising required by law or indenture or
determined necessary by the trustees of such public trust;
3. The performance by any bank, trust company or similar entity
or any services as a depository; or
4. The sale of any public utility services to such public
trust, in which the price of said services is regulated by law.
It shall be the duty of each public trust to compile a list of
all conflicts of interest for which its trustees have made
disclosure. It shall also be the duty of each trust to compile a
list of all dealings between its trustees and the trust which
involve the exempted transactions listed above. Such lists shall be
compiled semiannually for periods ending June 30 and December 31 of
each year. Such lists shall be compiled on forms prescribed by the
Oklahoma Tax Commission and shall be matters of public record.
Copies of such lists shall be filed with the Secretary of State by
September 1 and March 1 of each year.
B. The provisions of this section shall be inapplicable to any
public trust created and existing prior to July 1, 1988, if all
bonds issued by such public trust are required to be issued under
Oklahoma Statutes - Title 60. Property Page 136
and pursuant to a single bond indenture by amendment or supplement
thereto and if the instrument or will creating such public trust and
the bond indenture under which such trust must issue all bonds shall
have been held to be valid and binding agreements in an opinion of
the Supreme Court of the State of Oklahoma; and nothing in this
section shall impair or be deemed to impair the trust indenture, the
bond indenture, or existing or future obligations of such public
trust.
Status: in_force · Read it on the official government site
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