The Oklahoma Supreme Court ruled Wednesday that state agency heads may simultaneously serve in the governor’s cabinet.
Vice Chief Justice Dana Kuehn, writing for the court’s 7-2 majority, found that serving as an agency head and as a gubernatorial Cabinet secretary does not violate a state law that bars dual office holding.
The ruling nullifies a 2024 opinion issued by Oklahoma Attorney General Gentner Drummond, who had contended.
that Cabinet secretaries are not exempt from the state’s prohibition against dual office holding. The opinion had the force of law until a court determined otherwise.
Gov. Kevin Stitt and three of his Cabinet officials sued, arguing that Drummond had misinterpreted the law. They filed suit in district court and lost. They appealed it to the Oklahoma Supreme Court.
Drummond’s opinion caused Transportation Secretary Tim Gatz to resign as Cabinet secretary. He also vacated his post as head of the Oklahoma Turnpike Authority, but remained as head of the Oklahoma Department of Transportation after being reappointed.
Lt. Gov. Matt Pinnell resigned as Stitt’s secretary of workforce development.
After the opinion, Stitt renamed his cabinet secretaries advisors.
Stitt praised the high court’s decision.
“For four decades, Oklahoma governors have been able to pick their Cabinet members, plain and simple,” Stitt said in a press release. “I set out to make government more efficient, and two people doing one job makes no sense.”
He said Drummond wasted taxpayer dollars to pursue a politically motivated vendetta and grab campaign headlines.
Drummond, who is running for governor, routinely spars with Stitt on policy and legal issues.
“We appreciate the Oklahoma Supreme Court providing clarity to this issue,” said Leslie Berger, a Drummond spokesperson. “With such ambiguity resolved, cabinet secretaries no longer need to fear that their service could be challenged as violating the dual office-holding provision.”
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