A legal opinion from Attorney General Gentner Drummond forced a member of Governor Stitt's cabinet to resign. Now, the governor is seeking legal action against the AG.
TRANSCRIPT
Dick Pryor: This is Capitol Insider - taking you inside politics, policy, and government in Oklahoma. I'm Dick Pryor with Quorum Call publisher Shawn Ashley. Governor Kevin Stitt and three cabinet secretaries are suing Oklahoma Attorney General Gentner Drummond over Drummond's formal legal opinion that agency directors cannot hold cabinet positions. Shawn, what are they trying to do?
Shawn Ashley: In short, Stitt and the three cabinet secretaries, who also serve as state agency directors, are asking the Oklahoma County District Court to invalidate the attorney general's opinion. A large part of their argument relies on a state statute that permits an individual to be appointed as a cabinet secretary from among the agency heads within the cabinet area.
Dick Pryor: What's Drummond's rationale?
Shawn Ashley: Drummond was asked by Senator Mary Boren, a Democrat from Norman, whether Tim Gatz could serve as Secretary of Transportation while also serving as executive director of the Oklahoma Department of Transportation and of the Oklahoma Turnpike Authority. Drummond ruled that the state's prohibition on dual office holding prevented Gatz from being both a cabinet secretary and an agency director. When Drummond's opinion was issued, Gatz resigned from Stitt's cabinet and was reappointed the Department of Transportation's director. The question then became how far reaching was Drummond's opinion? It was specific to Gatz, but what about the other agency directors or those that hold other positions who also serve in Stitt’s cabinet? Stitt told reporters March 1st that he believed a court would have to clarify the issue.
Dick Pryor: Well, the legislature has joined the fray. The House and Senate have approved and sent to the governor a bill that would exempt two, but only two, cabinet secretaries from the dual office holding prohibition. An interesting limitation in the bill, because two other cabinet secretaries holding multiple positions are not included.
Shawn Ashley: Yeah, it's very interesting. Senate Bill 1196 exempts only the Commissioner of Agriculture and individuals serving on a higher education governing board from the state's prohibition on dual office holding. That would affect Blayne Arthur, who is the state's ag commissioner and Secretary of Agriculture, and Susan Winchester, who sits on the regional university system's board of regents and is State Secretary of Licensing and Regulation. The bill does not affect Dr. Deborah Shropshire, who is director of the Department of Human Services and secretary of Human Services, or Shelley Zumwalt, Oklahoma Tourism and Recreation Department director and secretary of Tourism, Wildlife and Heritage. Arthur is one of the plaintiffs in Stitt’s lawsuit against the Attorney General. Shropshire and Zumwalt are the other two.
Dick Pryor: The House has voted to change a criminal justice law passed by Oklahoma voters in a state question eight years ago. Now, this concerns the dollar threshold for making larceny a felony. Shawn, why do lawmakers want to do this?
Shawn Ashley: Representative John George, a Republican from Newalla, argued that thefts have increased significantly since the larceny threshold was increased to $1,000 from $500 in 2016. Representative Regina Goodwin, a Tulsa Democrat, disagreed, saying numbers actually show larceny decreasing not just in Oklahoma but across the United States. And that is, in fact, what Federal Bureau of Investigation numbers show.
Dick Pryor: How is it that the legislature can undo the outcome of state question votes of the people?
Shawn Ashley: There are two types of state questions - constitutional amendments and statutory revisions. It takes another constitutional amendment to change a constitutional amendment approved by voters. But lawmakers can and do make changes to statutory revisions approved by voters.
Dick Pryor: The Senate Appropriations Committee has approved its recommendations for the starting point in budget negotiations. This is a new process this year. Very briefly, how does it work?
Shawn Ashley: Well, it began back when agencies made the request to the various budget subcommittees. Those recommendations have now been made by the subcommittees and taken to the full Senate Appropriations Committee, which heard them on Wednesday. And after a lot of questions, approved them all. Those now go to the full Senate for a resolution that will serve as the chamber’s starting point for budget negotiations with the governor and the House.
Dick Pryor: All right. We'll end it right there. Thanks, Shawn.
Shawn Ashley: You're very welcome.
Dick Pryor: For more information, go to quorumcall.online. You can find audio and transcripts at kgou.org and look for Capitol Insider where you get podcasts. Until next time, with Shawn Ashley, I'm Dick Pryor.
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