Okla. Stat. tit. 74, § 74-5060.7

Conflicts of interest - Liability.

Oklahoma Statutes - Title 74. State Government Page 1073

A. The position of president of the Oklahoma Center for the

Advancement of Science and Technology is hereby reconstituted as the

executive director for the Oklahoma Science and Technology Research

and Development Board. The president of the Center upon the

effective date of this act shall serve as the executive director for

the Board at the pleasure of the Board. Subsequent executive

directors shall be selected by the Board and shall serve at the

pleasure of the Board. The executive director shall serve as the

chief executive officer of the Center and the Institute, and shall

direct and supervise the administrative affairs and the general

management of the Center and the Institute. The Board shall

establish criteria for selecting the executive director taking into

consideration national standards. The search for the executive

director shall be conducted pursuant to the criteria so established.

B. The executive director:

1. May employ and terminate such other officers and employees

as designated by the Board including, if necessary, legal counsel to

be chosen through a request for proposal process;

2. Shall attend board meetings;

3. Shall appoint a secretary of the Board to keep a record of

all proceedings and maintain and be custodian of all financial and

operational records, documents and papers filed with the Center and

the Institute and of the minute book of the Center and the

Institute; and

4. Before accepting any applications as provided for under this

act, shall prepare a business plan which shall include the analysis

of funding levels of programs in other states that are shown in the

report required in subsection B of Section 5060.22 of this title,

and the threshold funding levels specified in subsection C of

Section 5060.22 of this title.

C. The meetings of the Board shall be subject to the Open

Meeting Act and the Open Records Act. Any information submitted to

or compiled by the Center or the Institute with respect to the

marketing plans, financial statements, trade secrets, research

concepts, methods or products, or any other proprietary information

of persons, firms, associations, partnerships, agencies,

corporations, institutions of higher education, nonprofit research

institutions or other entities shall be confidential, except to the

extent that the person or entity which provided such information or

which is the subject of such information consents to disclosure.

Executive sessions may be held to discuss such materials if deemed

necessary by the Board.

D. If a member of the Board, officer, agent or employee of the

Center or the Institute has any direct or any indirect interest in

any approval, contract or agreement upon which the member, officer,

agent or employee may be called upon to act or vote, the board

member, officer, agent or employee shall disclose the same to the

Oklahoma Statutes - Title 74. State Government Page 1074

secretary of the Board prior to the taking of final action by the

Board concerning such contract or agreement and shall so disclose

the nature and extent of such interest and the acquisition thereof,

which disclosure shall be publicly acknowledged by the Board and

entered upon the minutes of the Board. A Board member, officer,

agent or employee who holds such an interest shall refrain from any

further official involvement in regard to such contract or

agreement, from voting on any matter pertaining to such contract or

agreement, and from communicating with other board members,

officers, agents or employees concerning said contract or agreement.

Employees of the Center, including employees assigned to the

Institute, shall be subject to the provisions of the Ethics

Commission rules. Notwithstanding any other provision of law, any

contract or agreement entered into in conformity with this
to such contract or

agreement, and from communicating with other board members,

officers, agents or employees concerning said contract or agreement.

Employees of the Center, including employees assigned to the

Institute, shall be subject to the provisions of the Ethics

Commission rules. Notwithstanding any other provision of law, any

contract or agreement entered into in conformity with this

subsection shall not be void or invalid by reason of the interest

described in this subsection, nor shall any person so disclosing the

interest and refraining from further official involvement as

provided for in this subsection be guilty of an offense, be removed

from office, or be subject to any other penalty on account of such

interest. Provided, any approval, contract or agreement made in

violation of this section shall give rise to no action against the

Board, the Center or the Institute.

Indirect interest shall include pecuniary or competitive

advantage which exists or could foreseeably accrue as a result of

the act or forbearance of the Board, Center or Institute.

E. No director or any person acting on behalf of the Board,

Center or Institute executing any contracts, commitments, or

agreements issued pursuant to this act shall be personally liable

upon such contracts, commitments, or agreements or be subject to any

personal liability or accountability by reason thereof. No director

or any person acting on behalf of the Board, Center or Institute

shall be personally liable for damage or injury resulting from the

performance of duties hereunder.