Below are two articles about the Oklahoma State Constitution regarding former State Legislators taking state jobs. The first is from Newsok.com explaining the possible problem from the State Constitution. It particularly hits former State Senator and Gubernatorial candidate Randy Brogdon for taking a newly created position at the Insurance Commissioner’s office. The second is Randy Brogdon’s response to the Constitutionality of his position.Before starting on the two articles, I find it important everyone reads Section 23 of the State Constitution:
No member of the Legislature shall, during the term for which he was elected, be appointed or elected to any office or commission in the State, which have been created, or the emoluments of which shall have been increased, during his term of office, nor shall any member, receive any appointment from the Governor, the Governor and the Senate, or from the Legislature, during the term for which he shall have been elected, nor shall any member, during the term for which he shall have been elected, or within two years thereafter, be interested, directly or indirectly, in any contract with the State, or any county or other subdivision thereof, authorized by law passed during the term for which he shall have been elected.
Some Cry Cronyism at Oklahoma Politicians’ State Jobs (NewsOK.com)
Cronyism claims erupted at the state Capitol this month when four former Republican legislators landed state jobs paying them more than $90,000 a year.
Three of those legislators left office only a few months ago and could not have taken their new jobs if not for what some say is a loophole in a constitutional ban on legislators working state jobs within two years of leaving office.
Attorney general opinions say the ban doesn’t apply if the ex-legislator’s salary is funded with money not appropriated by the Legislature.
“The opinion is flawed,” said Rep. Mike Reynolds, R-Oklahoma City, who in 2005 requested the attorney general opinions and has since been upset with the result. “I said it was flawed then, and it is flawed now.”
Most recently, the opinions have allowed former Sen. Randy Brogdon, R-Owasso, and former Rep. Mike Thompson, R-Oklahoma City, to take newly created jobs as deputy insurance commissioners because their $99,000 annual salaries will be paid by the fees and fines that make up most of the agency’s revenue.
The same is true for new Secretary of State Glenn Coffee, a former Republican senator who reached his term limit last year but was soon appointed to his new post by Gov. Mary Fallin.
Again, the appointment to the $90,000-a-year job was allowed because the agency is funded mostly by fees.
“That certainly was not my intent,” Reynolds said.
Hires defended
Republican Insurance Commissioner John Doak has made 10 executive position appointments, including three filled by ex-legislators.
Doak’s predecessor, Democrat Kim Holland, had four executive positions in her administration.
Doak’s executives will be paid more than Holland’s.
“We’re going to ask these people to do a lot more,” Doak said.
Doak said the higher cost of his executive staff has been offset by a 22-person staff reduction that will save $535,000 after factoring in his new executives’ salaries. The budget for the Insurance Department is about $200 million.
Doak said more executives are needed because he wants the department to expand its operations to better serve the public and because new federal health care laws will impose additional work on insurance departments nationwide.
“We’ve absolutely identified great talent that knows Oklahoma and has the ability to fill the roles that I’ve asked them to fill,” Doak said.
There are now 107 employees in the department.
Technicality vs. Spirit of the Law
While the appointment of the ex-legislators may be technically legal, it goes against the spirit of the constitutional ban on legislators taking state jobs soon after leaving office, Reynolds said.
Reynolds in 2005 requested an attorney general opinion on the ban when former Sen. Kevin Easley, D-Broken Arrow, was pursuing a state job with the Grand River Dam Authority while he was still in office handling legislation that affected the authority.
Easley got the job amid complaints that he had legislated himself into a new job.
Among the purposes of the ban are helping prevent legislators from using their elected office as a way to secure a state job and helping ensure agencies do not promise jobs to legislators in exchange for favors.
Reynolds said he doesn’t disagree with the recent appointment of Brogdon, who is his friend, and the other ex-legislators.
“I will not disagree with Mary Fallin, John Doak or anyone else that says according to that attorney general’s opinion, it’s OK,” Reynolds said. “I simply say I, in my conscience, could not rightfully take a job of that nature.”
Reynolds said possible remedies to the loophole include challenging the attorney general’s opinion in court or enacting legislation that would trump the opinion. Reynolds said he has no plans to pursue either.
Doak’s Appointments
Doak also appointed former Sen. Owen Laughlin, R-Woodward, as a deputy insurance commissioner. Laughlin left the Legislature in 2008.
Doak said he didn’t know Brogdon, Thompson and Laughlin until he started campaigning last year.
“I specifically went and sought these gentlemen out,” for the jobs, Doak said.
Brogdon, Thompson and Laughlin have never worked in the insurance industry.
Brogdon and Thompson left the Legislature last year to seek higher office.
Brogdon lost his bid for the Republican gubernatorial nomination.
He served eight years in the Senate.
At the Insurance Department, Brogdon will oversee consumer affairs. Doak called him “the Randy Brogdon watchdog” and said Brogdon will lead investigations into insurance fraud and white-collar crimes.
Brogdon ran a heating and air conditioning company before his Senate career.
During debate on the Senate floor, Brogdon often used the catchphrase: “It is not the government sector that creates jobs — it is the private sector.”
Thompson last year lost his bid for his party’s nomination for the fifth congressional district. He served six years in the House.
At the Insurance Department, Thompson will oversee government affairs, including lobbying for the agency at the Capitol and serving as a liaison to other government agencies.
Thompson has held political jobs and worked in real estate.
Laughlin, a former district attorney, also lost a bid for higher office last year, falling short in the Republican primary to now-Treasurer Ken Miller.
As legislators, Brogdon and Thompson were instrumental in the Legislature’s decision last year to put a state question on the ballot allowing Oklahomans to opt out of federal health care laws. The question passed.
One of Doak’s central campaign themes was fighting new federal health care law, specifically the portion requiring Americans to buy insurance.
Doak said his support for Brogdon’s and Thompson’s stance on the federal health care law was among the reasons he wanted them as deputies.
No Applications
Department spokesman Rick Farmer said none of the former legislators submitted job applications or resumes for the positions.
“That’s not the way this transition process works. He gets elected, he says, ‘I need that guy, that guy, that guy — somebody call them.’ There are not job applications,” said Farmer, who also holds the title of assistant insurance commissioner.
Farmer is one of two assistant insurance commissioners also appointed this month by Doak.
The assistant insurance commissioners will make $94,000 a year.
The ex-legislators’ new state jobs will boost their state pension payments upon retirement because their new salaries are substantially higher than the $38,400 salaries they had as legislators.
Legislators qualify for the state’s retirement system.
Other lawmakers have taken state jobs after serving in office. Most waited at least two years before doing so because of the constitutional requirement, but creative funding has helped other ex-legislators take state jobs sooner.
For example, Sen. Howard Hendrick, R-Bethany, in 1998 went straight from the Senate to his current job as director of the Department of Human Services because the department paid the first two years of his salary with federal grant money.
Such unconventional funding is at the heart of an unrelated political corruption investigation that resulted in felony bribery charges last month against Rep. Randy Terrill, R-Moore, and former Sen. Debbe Leftwich, D-Oklahoma City.
Prosecutors allege Terrill tried to divert $80,000 in fees from one agency to another to pay for the salary of a new state job for Leftwich. Prosecutors allege Terrill had planned to divert the money, so Leftwich could take the job immediately rather than wait two years.
Terrill and Leftwich have denied wrongdoing.
Contributing:
Michael McNutt, Capitol Bureau
http://newsok.com/state-jobs-draw-criticism/article/3532769
Randy Brogdon's Response
Many of my supporters have been asking what I will be doing in the future, so I want to give you an update. I have been asked by Insurance Commissioner John Doak to serve as his Deputy Commissioner of the Fraud and Senior Services Division. I am honored to serve and am excited about the opportunities to protect the citizens of Oklahoma.
Commissioner Doak is an honorable man with over two decades of insurance and business experience. I believe his service and leadership will be a great benefit to the State of Oklahoma. Unfortunately Commissioner Doak is being unduly criticized in the media for hiring me and former State Rep. Mike Thompson.
There has been a lot of discussion whether or not legislators can work for a state agency within two years after their legislative service is over. The answer to that question is yes. As a matter of fact there have been Supreme Court decisions as well as Attorney Generals opinion stating the affirmative. Following is an honest appraisal of the facts along with the spirit and the intent of the law.
Section V-23 of the Oklahoma Constitution describes three distinct provisions. First, no member of the legislature can be appointed to an office or commission that was created during his term of office. Secondly, no member can receive an appointment from the Governor during his term of office.
The third provision of the bill deals with the two year moratorium which is often mischaracterized. The moratorium specifically restricts a legislator from entering into a "contract" with any state agency that was authorized during his term of office.
For example if the legislature created a new agency or position within an existing agency during his term of office he could not serve or contract with that department for a period of two years after his term was over.
The letter of the law and the spirit of the law are not to restrict a former legislator from working for a state agency, it is simply designed to prevent a legislator from having influence in creating a position and then moving directly in to it.
The law is clear on this issue yet some continue to ignore the facts and cast aspersions for their own purposes. Those of you who know me realize that I have faithfully served the State of Oklahoma for the last eight years and will continue to do so under the leadership of Commissioner Doak.
http://www.freedomsroll.com/blog/2011/january/two-year-moratorium
Added Info:
While Former Senator Randy Brogdon was working to pass term limit legislation back in 2008, he would often defend his position noting that the Founding Fathers "had absolutely no vision that anyone would come to Washington, D.C. and make a lifetime career out of it-- they thought they should be citizen statesmen for a few years and then go back home."
http://www.urbantulsa.com/gyrobase/Content?oid=oid%3A18840
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