Just because something has always been done, doesn't mean it's right (or even legal)
Just because something has always been done, doesn't mean it's right (or even legal)
Why have laws if we aren't going to enforce them?
The Oklahoma Turnpike Authority’s (OTA’s) Trust Agreement states in section 706, Paragraph 3 that the OTA director “shall devote his entire time to the performance of such duties.”
The full 1989 Trust Agreement, including the first 4 supplements, can be found here: 1989 Trust Agreement. The remainder of the Trust Agreements that we have obtained can be found here: Resources
The Chief Executive Officer “shall devote his ENTIRE time…”
You know, like 100% of his time, leaving 0% of his time for any other employment in any other position. The Chief Executive Officer, by definition within the bylaws of the OTA itself, cannot be employed anywhere else.
In addition, the Oklahoma State Constitution prohibits state officers and deputies from simultaneously holding another state office or serving as the deputy of any other state office (Title 51, Section 6). As of February 2024, the legislature granted thirty exceptions to this prohibition of dual office holding, but none apply to the Secretary of Transportation, Executive Director of the OTA or Executive Director of ODOT.
If both the OTA Trust Agreement AND the Oklahoma State Constitution PROHIBIT an individual from holding more than one state office, how, since 1987 (37 years) has this law been broken 25 times?
Record of Legal Noncompliance
The Secretary of Transportation position was established in 1986 by Governor Henry Bellmon and by 1987 the Oklahoma ruling class was breaking the state law, with Neal McCaleb serving as both the Secretary of Transportation AND the Executive Director of the Oklahoma Department of Transportation (ODOT).
By 1995, Mr. McCaleb had taken over as Executive Director of the OTA and was still serving as the Secretary of Transportation, which broke not only the state law, but was contrary to the OTA’s Trust Agreement stipulation that the Executive Director of the OTA must devote 100% of their time to the OTA.
From 1996-2000, Mr. McCaleb served in ALL THREE positions, marking the first of three times in the past four decades that one man ran all three transportation enterprises in the state of Oklahoma.
The second time one man served in all three positions was from 2009-2012 (Gary Ridley) and the third time was from 2019-February 2024 (Tim Gatz). What could go wrong when this happens? Tons… but only for We the People.
After 37 years of unfettered lawlessness, the constitution was upheld
Back in September 2022, several concerned citizens presented crucial information about the Oklahoma Turnpike Authority and transportation planning policy to Oklahoma Senators and House Representatives in two Interim studies. A few presentations addressed the issue of one individual simultaneously holding three state offices and the significant conflicts-of-interest that condition poses.
From the outcome of those interim studies, Oklahomans for Responsible Transportation designated core policy principles that highlighted the necessity for distinct individuals to occupy the roles of Secretary of Transportation, Executive Director of ODOT and Executive Director of OTA, ensuring proper governance and creating appropriate boundaries.
Senator Mary Boren endorsed those policy statements and committed to seek an official opinion from the Attorney General, recognizing it as the sole avenue to mandate the necessary separation of powers. Senator Boren submitted the opinion request on October 20, 2023 with the following three questions:
On February 28, 2024, the Oklahoma Attorney General (OAG) Gentner Drummond published an opinion that it is illegal for Secretary Tim Gatz to serve in three state “offices,” and he must resign or be removed from two “offices.”
In response to this opinion, effective February 28, 2024, Mr. Gatz resigned as Sec. of Transportation and as Executive Director of the OTA and was reappointed by the Governor as Director of the Oklahoma Department of Transportation (ODOT).
That should have been it, right? I mean, the Oklahoma Attorney General filed a similar opinion regarding the Secretary of Education being prohibited from holding dual offices back in March of 2023 when Ryan Walters, the State Schools Superintendent was up for appointment to Secretary of Education. In that case, Governor Stitt appointed another person (Dr. Katherine Curry) to the Sec. position and Ryan Walters remained the State Schools Superintendent.
And that was that. No lawsuit, no media conniptions. Even though there were PREVIOUS people to serve in both positions (former Oklahoma Schools Superintendent John Folks under Gov. Nigh & former Superintendent Sandy Garrett under Govs. Bellmon and Walters), Governor Stitt never came out and used the “but we’ve always done it that way,” excuse. He just appointed someone else and moved on.
But something is different about one person holding the three positions including the Secretary of Transportation, the Oklahoma Turnpike Authority and the Oklahoma Department of Transportation. There is so much power wrapped up into those positions individually, that to combine them into one is akin to creating a Godfather of Transportation, with access to both state and federal taxpayer monies AND unlimited bond money with absolutely no oversight.
One person with the ability to draw from multiple pots of money to make things happen.
This time, Governor Stitt went ballistic over the Secretary of Transportation dual office prohibition opinion and threw several tantrums over the course of a week.
“But it’s every single governor….since Walters, probably going back even further…. has had a Secretary of Agriculture, who also ran the Department of Agriculture, very normal, very standard, same thing with Department of Transportation, …..really across the board, so when someone tries to weaponize their office and tries to attack other parts of government….. that’s what Oklahomans are frustrated,” whines Governor Stitt.
Governor Stitt tried to use one of the most dangerous phrases in the English language to underpin his decision to appoint the same man to THREE state positions:
WHY DID HE CARE SO MUCH ABOUT THE SECRETARY OF TRANSPORTATION POSITION?
On March 7, 2024, Governor Stitt turned his schoolyard tantrum in law-fare and sued (CV-2024-606) the Attorney General in Oklahoma County District Court.
Joining the governor were three of his Cabinet members:
Secretary of Agriculture Blayne Arthur,
Secretary of Human Services Deb Shropshire, and
Secretary of Tourism, Wildlife and Heritage Shelley Zumwalt (Her resignation was called for on April 23, 2024 after audit findings showed troubling patterns of mismanagement. On April 30th, a motion was filed by the Governor’s General Counsel to DISMISS her claims against the Attorney General),
Noteworthy: Susan Winchester, who holds two positions as Secretary of Licensing and Regulation as well as a Board Member of the Regents for the Regional University System of Oklahoma, is not a plaintiff in the case. Her husband is Supreme Court Judge Winchester, who levied six consecutive OTA favored opinions in the last decade.
The lawsuit was prompted by the opinion that Mr. Tim Gatz could not serve in three positions, but Mr. Tim Gatz resigned immediately rather than join the lawsuit.
The lawsuit cites precedent set by the last four governors as his guide for the construction of the cabinet.
The Governor’s lawsuit also cited the “activist group known as PIKE OFF OTA, …an outspoken critic of the Oklahoma Turnpike Authority’s lawful (yeah… when you allegedly have the Supreme Court on the payroll) efforts to expand the turnpike near Norman".” Congratulations Pike Off OTA. Keep it up!
Maybe the Governor needs one of these pins.
Legislators step in to help the Governor (or maybe just to help Secs. Arthur & Winchester)
Our elected officials can move faster than LIGHTENING when they want to. Just two business days after the OAG opinion came out, Senate Bill 1196 (SB1196) was created to lay out who would be exempt from the dual-role restriction. They took an existing FIVE-HUNDRED and SEVENTY-TWO (572) page bill that amended, merged, consolidated and repealed all sorts of statutes (that never saw the light of day), gutted it, suspended floor rules, and rewrote it with a floor amendment to add two exceptions to the dual office holding statute 51.
These two exceptions are on top of the existing thirty exceptions the legislature has already granted. Please note that the Secretary of Transportation/ODOT/OTA agencies were not included in this list.
Representative Jon Echols, House Floor Leader and author of the bill had this to say about his legislative intent.
……..
His bill summary insinuates that he was writing this “law” for ONE PERSON, however, exemption #32 is specifically aimed at Susan Winchester’s position of Secretary of Licensing and Regulation, so the bill currently helps TWO specific people.
Why wasn’t Secretary Winchester’s position specifically mentioned in the “legislative intent,” letter?
Did he propose this bill because he thinks the Secretary of Agriculture is swell? She may be, and she may be excellent at what she does, but why is our legislature writing laws that benefit ONE (or TWO) specific people? She won’t *always* be Oklahoma’s Secretary of Agriculture.
What if someone that no one but the Governor likes is appointed?
Would it still be appropriate for one person to serve in TWO (or more) roles?
Interestingly enough, this bill remained SILENT on the Secretary of Transportation/ODOT/OTA dual + state office holder, Mr. Tim Gatz.
It remained silent on the Secretary of Human Services Deb Shropshire (dual role = Director of the State Department of Human Services) AND the Secretary of Tourism, Wildlife and Heritage Shelley Zumwalt (dual role = Director Department of Tourism and Recreation) holding dual state offices.
It ALSO did not add an exception for the Secretary of Education to hold a dual office, which became a problem for Ryan Walters, State Schools Superintendent in 2023.
Why run a lightning fast bill and just cover TWO Cabinet Secretaries? The Secretary of Transportation opinion sparked the lawsuit, but the Secretary of Agriculture and the Secretary of Licensing and Regulation (who isn’t even named in the lawsuit, or explained in the legislative intent) gets an exemption in Statute 51, Section 6?
Make it make sense.
Governor Vetoes SB1196
It didn’t matter. While SB1196 passed almost unanimously through both the House and the Senate and was sent to the Governor’s desk, it was vetoed on March 12, 2024.
From bill conception to Governor veto took just 8 days. Amazing.
The Governor said he vetoed it because the bill was “duplicative and unnecessary,” and that the law was already clear that the “Governor can choose his cabinet from among the agency directors.”
I’m sorry. Say again? Can you tell me where in the Statute that statement is located?
If you don’t like the law, change the law through legislative means, but don’t make sh&* up.
Just because it’s the way it has always been done, doesn’t mean it is correct. Now people are watching. Now we have an Attorney General who cares about upholding the constitution.
SB1196 could have solved Governor Stitt’s Secretary of Agriculture AND his Secretary of Licensing and Regulation appointment problems, but he chose to veto it and let the District Court decide. Those two women are still serving in dual roles.
When he doesn’t hear what he wants in District Court, I’m betting he will appeal to the Supreme Court.
Stay tuned. More crazy to come.
PIKE OFF OTA (501 c4) and Oklahomans for Responsible Transportation, Foundation (501 c3) are leading the charge in legal injunctive avenues and legislative reform and they could use your help. They are trying to dismantle a corrupt Goliath within our state and are doing a great job. Be part of the solution!
www.pikeoffota.com
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