Oklahoma Supreme Court justices Monday seemed skeptical that state leaders should be able to remove Tobacco Settlement Endowment Trust board members before their terms ends.
The state’s high court peppered an attorney representing state leaders with questions as justices heard oral arguments over the constitutionality of House Bill 2783, which allows the appointing authorities of the board to remove members at will. Board members currently serve staggered seven-year terms.
Justices expressed concern that removing board members at will could strip the board of its independence from the Legislature. The voter-approved board oversees around $2 billion in public dollars.
“It could be tomorrow that the board could have to stop everything it’s doing because one of them gets fired just because someone doesn’t like maybe the suit they wore that day,” said Vice Chief Justice Dana Kuehn.
The high court did not immediately rule on the case Monday afternoon, but justices put the law on hold in August.
The seven TSET board members are appointed by the governor, treasurer, state superintendent, attorney general, state auditor, the House speaker and Senate president pro tem. They decide how to spend the proceeds of Oklahoma’s settlement with the tobacco industry.
TSET sued these state officials July 1 challenging the constitutionality of the new law.
Bob Burke, an attorney for TSET, asked the high court to find the law unconstitutional because it allows the board’s appointing authorities to remove members when it benefits them and takes away from what the voters intended when they created the independent trust.
“Every time a board member is against a pet project of one of the appointing authorities, he or she would be fired and replaced with someone who would support that project,” Burke said. “The TSET board would be a revolving door of yes men and women.”
Oklahoma Supreme Court justices Monday seemed skeptical that state leaders should be able to remove Tobacco Settlement Endowment Trust board members before their terms ends.
The state’s high court peppered an attorney representing state leaders with questions as justices heard oral arguments over the constitutionality of House Bill 2783, which allows the appointing authorities of the board to remove members at will. Board members currently serve staggered seven-year terms.
Justices expressed concern that removing board members at will could strip the board of its independence from the Legislature. The voter-approved board oversees around $2 billion in public dollars.
“It could be tomorrow that the board could have to stop everything it’s doing because one of them gets fired just because someone doesn’t like maybe the suit they wore that day,” said Vice Chief Justice Dana Kuehn.
The high court did not immediately rule on the case Monday afternoon, but justices put the law on hold in August.
The seven TSET board members are appointed by the governor, treasurer, state superintendent, attorney general, state auditor, the House speaker and Senate president pro tem. They decide how to spend the proceeds of Oklahoma’s settlement with the tobacco industry.
TSET sued these state officials July 1 challenging the constitutionality of the new law.
Bob Burke, an attorney for TSET, asked the high court to find the law unconstitutional because it allows the board’s appointing authorities to remove members when it benefits them and takes away from what the voters intended when they created the independent trust.
“Every time a board member is against a pet project of one of the appointing authorities, he or she would be fired and replaced with someone who would support that project,” Burke said. “The TSET board would be a revolving door of yes men and women.”
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