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S.Q. 744 foes say NEA dollars supporting ballot measure should be returned

Thu, 02 Sep 2010 21:46:00 GMT

CapitolBeatOK Staff Report

Published: 02-Sep-2010

The One Oklahoma Coalition today (Thursday, September 2) called upon the Yes on 744 campaign to come into compliance with state ethics law and return a contribution from a group affiliated with the National Education Association.

The Yes on 744 campaign garnered $1.74 million in contributions from an out-of-state group several weeks ago. The anti-744 group is saying that violates state ethics laws banning contributions from one political action committee (PAC) to another PAC.

The coalition disclosed that the Oklahoma Public Employees Association, a contributor to the One Oklahoma Coalition, was contacted earlier this week by state ethics commission executive director, Marilyn Hughes, and was told the contribution to the One Oklahoma committee from the OPEA PAC was not permissible. The reason provided is that state question committees are by definition a PAC under Oklahoma law. As such, any contribution from another PAC violates the PAC-to-PAC ban in Oklahoma.

One Oklahoma campaign spokesperson Crystal Drwenski said, “We appreciate the commission bringing this to our attention and have already refunded the contribution to the OPEA to come into full compliance with ethics rules.”

“We now call upon the Yes on 744 campaign to follow suit and come into compliance as well, as it is clear the NEA Ballot Measures and Legislative Crisis Fund is a PAC under Oklahoma law. To allow this money to remain with the Yes on 744 campaign is a violation of state law,” said Drwenski.

The state ethics commission is planning to hold a special meeting to address this issue tomorrow.

State Question 755 would ban use of foreign judicial rulings

Fri, 03 Sep 2010 00:47:00 GMT

By Patrick B. McGuigan

Published: 02-Sep-2010

State Question 755 would amend the Oklahoma Constitution to explicitly state that judicial rulings based in or drawn from foreign precedents have no bearing on Oklahoma state court decisions. While the provision would apply to all non-domestic legal precedents, its impact on “Sharia” law is attracting the most attention.

House Joint Resolution 1056, by state Rep. Rex Duncan (a Sand Springs Republican) and state Sen. Anthony Sykes (a Moore Republican), placed the “Save Our State” constitutional amendment before Oklahoma voters.

The proposed amendment would require courts to “uphold and adhere to the law” as provided in the U.S. Constitution, the Oklahoma Constitution, the United States Code and federal regulations, Oklahoma Statutes and rules, and established common law.

State Question 755 would prohibit all Oklahoma courts from considering the legal precepts of other nations or cultures, including in cases of first impression. (Cases of first impression involve issues where no law or precedent is in place to resolve the dispute. That can open the door for referencing legal systems in, for example, other states or jurisdictions.)

The proposed amendment declares that courts “shall not consider international law or Sharia Law.”

Although it may not be an issue on most Oklahomans’ radar, the use and application of international law in the United States has received growing attention in recent years as several federal court decisions have referenced international statutes or precedents. While “original meaning” or “original intent” jurists explicitly reject use of foreign legal precedents, many less conservative analysts do so, as well.

Sharia law has not been a large issue in this country, but since the 1980s it has been more than an academic question, and a source of increasing controversy, in Great Britain, where the legal system is most like America’s.

On Sept. 14, 2008, both The Times and The Telegraph reported that the British government had sanctioned Sharia courts to rule on Muslim civil cases in that country. The decision sparked widespread controversy among British citizens. Demonstrations in recent weeks in the British capital city and surrounding jurisdictions found both supporters and critics of Sharia law within Islamic enclaves in the London area.

Sharia law existed to a limited extent in Great Britain after 1982, with the opening of London’s Islamic Sharia Council. Today, there are as many as 85 Sharia courts in Great Britain, but not all those carry the force of British law.

Duncan, an attorney and chairman of the House Judiciary Committee, contends that the values of the American judicial system are different than the values of other countries’ legal systems. He argued that allowing courts to cite international law is an open invitation undermine the individual liberties of Oklahoma citizens.

“Oklahomans should not have to worry that their rights could be undermined by foreign court rulings in countries that do not have our respect for individual liberty and justice for all,” Duncan said in a press release.

He added, “Our nation’s laws were developed through a democratic process and should not be negated by an irresponsible judge’s haphazard reliance on foreign rulings developed in autocratic societies. Oklahoma court decisions should be based on the U.S. Constitution, Oklahoma Constitution, and our state and national laws – period.”

While the ballot measure appears popular, it has critics.

In a June 4 Edmond Sun article, Council on American-Islamic Relations spokesman Ibrahim Hooper said the measure was based on misconceptions of Sharia law and could have unintended consequences. He said the proposed constitutional amendment could impact Muslims who want to pray in the workplace, which would create future legal challenges and expense for the state.

State Question 755 has received national attention, and Duncan has been interviewed about the proposal by several national news outlets.

However, the proposal appeared less controversial among Oklahoma legislators. House Joint Resolution 1056 passed the Oklahoma House of Representatives on an overwhelmingly bipartisan 82-10 vote and cleared the Senate on a bipartisan 41-2 vote.

Duncan has predicted the measure will receive similar overwhelming support from voters. Recent polling indicates the measure will pass, although many citizens remain uncertain. A poll conducted July 16 to 21 for The Tulsa World found that 49 percent of likely voters supported State Question 755, while 24 percent opposed it and 27 percent were undecided.

Release of Broken Arrow schools audit nears, law firm’s role questioned

Wed, 01 Sep 2010 23:40:00 GMT

By Patrick B. McGuigan

Published: 01-Sep-2010

A second “exit interview” for members of the Broken Arrow Board of Education, ending late yesterday afternoon, again included the troubled district’s controversial law firm. Sessions for the board were conducted by investigators from the office of state Auditor & Inspector Steve Burrage.

Earlier this week, Broken Arrow Schools Superintendent Jarod Mendenhall announced a special board meeting on Thursday, September 2, at 5 p.m. At that time, the auditor’s office intends to release the final version of the state’s audit, ending a process that began in early 2009.

However, release of the audit will not end controversy and troubles for the school system. The Broken Arrow scandal has continued to accelerate in the past week, driven by multiple disclosures, including the start of a criminal investigative audit and circulation of an early draft of the audit. Sources say local, state and federal law enforcement officials are investigating the district’s governance, finances and other issues.

Additionally, CapitolBeatOK has learned that Broken Arrow School Board member Terry Stover raised, in a communication to a member of the auditor’s staff, serious concerns about involvement of the district’s law firm, Rosenstein, Fist & Ringold, in the exit interviews and the audit process.

Some critics of both the audit process and of the school district’s management believe the involvement of the law firm was unnecessary in terms of the exit interviews, especially in light of the firm's apparent involvement in some matters audited.

These sources question why the law firm was included in the first and second exit interviews, while the general public was excluded.

In response to a question from CapitolBeatOK, spokesman Trey Davis of Auditor Burrage’s staff characterized Tuesday’s exit interviews as responsive to the district’s requests. He noted that Broken Arrow schools “requested a second exit conference regarding the findings in the special audit and we extended the offer to accommodate that request.”

Present at Tuesday’s meeting in Broken Arrow were Deputy State Auditor Michelle Day, Ricky Branch of the auditor’s staff, members of the School Board and Superintendent Mendenhall. Also present was Doug Mann, a leading player at the controversial Rosenstein, Fist & Ringold law firm. Two sessions were held with two board members, while a third session involved only one board member.

In response to CapitolBeatOK’s questions about Mann’s involvement for the law firm, Davis explained, “it isn’t unprecedented for a public entity’s legal counsel to be present at an exit conference.” Specifically, he noted that legal counsel for the Department of Public Safety was present at a recent exit conference touching that agency. Similarly, legal counsel for Cleveland County attended exit conferences regarding that jurisdiction’s financial audit.

Davis continued, “The Broken Arrow school district, upon receiving a Taxpayer Notice Letter, requested the special audit which will be released this Thursday [September 2]. State law requires that we share the audit’s findings with the school board and superintendent and withhold its public release for 14 days following the exit conference.”

The client for the present audit is the Broken Arrow public school district’s board of education. Davis said, “In presenting our findings, we met with our clients as required by law. We were prohibited from meeting in either open or executive session to present the findings so the general public was necessarily excluded to ensure compliance.”

The board has an attorney/client relationship with the Rosenstein, Fist & Ringold firm. Davis said, the firm “representing the board, were present at the request of its client.” Davis had observed in previous interview with CapitolBeat OK that “any board member could have requested the attorney be excluded when meeting with our office to review the audit findings.”

This week, Attorney General Drew Edmondson directed a criminal investigative audit be conducted to explore allegations of criminal wrongdoing in the district’s governance. CapitolBeatOK asked Davis if the auditor’s office is allowed to “follow the evidence" when doing audits -- i.e. if criminal wrongdoing is found or suspected, can that be pursued as part of that audit, or is there a limit on the agency’s scope in audits?

Davis explained, “the scope of an audit is initially determined by the client, in this case, Broken Arrow Public Schools. The allegations contained in the Taxpayer Notice Letter served as the basis for the scope of the audit.”

Ricky Branch, a director in the auditor’s office, worked with former Superintendent Gary Gerber “to determine the audit’s objectives. Broken Arrow Public Schools selected on an almost three-year period for the audit,” Davis told CapitolBeatOK.

Davis continued, “During the course of an auditor’s field work, the initial goal is to identify those records and other documents responsive to a specific objective. An auditor is not prohibited from going outside the scope of the audit if his or her review and analysis of available documents and/or interviews or conversations warrant it. The auditor may also review records or documents outside the timeline of the audit if it is relevant.”

Davis concluded, “We are not authorized, however, to audit private businesses or individuals or to obtain private records of individuals or records from private businesses. The attorney general or a district attorney have police powers which extend beyond the authority of this office. The prohibitions which restrict our investigative efforts to public sector entities and employees do not apply” to the state Attorney General or the local District Attorney.

CapitolBeatOK will be exploring other aspects of the Broken Arrow school controversy in subsequent stories.

Broken Arrow exit interviews: Who was in, who was out, and why

Wed, 01 Sep 2010 20:49:00 GMT

By Patrick B. McGuigan

Published: 01-Sep-2010

A confidential note from Broken Arrow public school board member Terry Stover to a member of the staff of Oklahoma Auditor & Inspector Steve Burrage raised concerns about any involvement of the Rosenstein, Fist & Ringold law firm in the “exit interview” process that is now wrapping up an audit of the public school district that began in 2009.

In the note, obtained by CapitolBeatOK in response to an open record request to the auditor’s office, Stover expressed “serious concerns” about the controversial law firm – concerns that he wanted passed on to Burrage. Stover and Burrage subsequently discussed the matter, CapitolBeatOK has learned.

Today (Wednesday, September 1), a spokesman for Auditor Burrage said, “I don’t know the details of that conversation.”

Concerning the law firm’s presence in the exit interviews (ultimately held August 18 and 31) Stover “didn’t make any objection the day of the exit conference. When Mr. Stover met with Michelle Day and Ricky Branch to review the audit’s findings, I understand that one attorney from [Rosenstein, Fist & Ringold] was present in the room but did not participate in the discussion.”

The text of Stover’s note follows:

“When you were conducting the audit of the Broken Arrow School District you said I should contact you if I had any questions or concerns. I have some serious concerns that I respectfully request you pass on to State Auditor Burrage. My concerns are as follows:

“1. I would like that no attorneys from Rosenstein, Fist & Ringold sit in on my exit interview. As a Board Member and Immediate Past President of the Broken Arrow School Board, I observed first hand enough to question the wisdom of having the Rosenstein, Fist and Ringold law firm sit in the exit interviews. Furthermore, they will have the Audit report within 14 days from the completion of the exit interview. I would like to discuss this issue privately and confidentially with Mr. Burrage and request that he call me … or provide permission for me to call him at a convenient time.

“2. I visited with Mykle Fry in the Attorney General’s office when the format for the exit interview was changed from an Executive Session back to separate exit interviews with 2 Board members at a time. Someone from your office has said the laws controlling Executive Sessions for school boards prohibited having the Audit Report presented in Executive Session. It was my understanding from Ms. Mykle Fry that the exit interview could be done in Executive Session. I believe she also stated that there is ample precedent for this in that Audit Reports had been done in Executive Session with other school Boards. Having the exit interview in Executive Session will be easier, quicker and cheaper. Also, easier to control the process. We must, by law, give legal notice by 48 hours prior to [the] called meeting if the exit interview is held in Executive Session.

“On January 7, 2009, the Broken Arrow School Board received the required written notice from 10 Broken Arrow taxpayers as a condition precedent to a qui tam/taxpayer lawsuit. In partial response to the demand letter, the Broken Arrow School Board unanimously voted to engage the State Auditor’s office to conduct an audit of the School District to address the assertions in the January 7, 2009, Taxpayer Demand letter. A taxpayer lawsuit based upon that Demand letter remained a possibility. Because of this possible litigation, however remote it may be, the State Auditor’s office perhaps should hold the exit interview in Executive Session rather than in separate sessions.

“Having the exit interview for presentation of the Audit Report in Executive Session will help maintain confidentiality and possible misrepresentations or inaccurate information from becoming public. Holding it in Executive Session assures fairness to all parties as well as maintaining the integrity of the Audit Reporting process.

“3. My third request is that the law firm of Rosenstein, Fist & Ringold be excluded from participating, sitting in the exit interview(s) regardless of the format. I suggest that the Attorney General’s office be asked to provide an objective, neutral attorney to monitor the exit interview(s). This would remove any questions about the involvement of a law firm that might become – directly or indirectly – the subject of various issues. Certainly, it would avoid inevitable allegations of conflicts of interest in the participating lawyers. This would remove all doubt and it would be no inconvenience to the Board because all Board Members will hear first hand the Audit Report. It would not deprive any legal counsel in any because they will have the Audit Report in 14 days any way. If Rosenstein, Fist & Ringold or members of that firm should end up being the subject of investigation (or is the subject of investigation), then we are all going to look pretty bad about having them involved in the exit interviews and paying them several thousand dollars in legal fees to sit there all day.

“It seems needlessly repetitive [to] have lawyers sitting in multiple exit interviews having the same report repeated 3 or 4 times.

“Thank you for your consideration of my own personal thoughts and concerns. PLEASE KEEP THIS STRICTLY CONFIDENTIAL.”

CapitolBeatOK requested the document, and decided to post its contents, after learning it was a government record open to disclosure, and in the possession of others who have monitored the Broken Arrow scandal.

Trey Davis, spokesman for Auditor & Inspector Burrage, told CapitolBeatOK that in response to Stover’s note, “State Auditor Steve Burrage spoke with Mr. Stover by phone. … Mr. Stover expressed his concerns regarding the attorneys from [Rosenstein, Fist & Ringold] being present during the exit conferences. At the time of Mr. Stover’s exit conference on August 18, he did not request the attorney be excluded from the meeting. It is my understanding that only one [Rosenstein, Fist & Ringold] attorney was present for Mr. Stover’s exit conference.”

CapitolBeatOK has learned that attorney was Doug Mann, a principal partner at the firm.

In a related matter, CapitolBeatOK learned that Stephanie Updike, a former Broken Arrow School Baord member, serving until March of this year, had asked to be included in the exit interview.

Davis told CapitolBeatOK Updike’s “request was respectfully declined because she is not currently a … board member.” Dr. Jim Sisney and Dr. Gary Gerber, the immediate past superintendents before Dr. Jarod Mendenhall began his tenure as Broken Arrow superintendent this summer, were also not included in the recent exit interviews.

CapitolBeatOK had asked the auditor’s office if the agency lacked authority to “follow the evidence” in pursuing possible criminal wrongdoing in audits. In a story posted earlier today, part of Davis’ response to that issue was included.

Davis elaborated on the matter, drawing distinctions between the auditor’s function and the role of local district attorneys. In so doing, he referenced another recent public school scandal:

“Without intending to speak for the Tulsa County DA or the grand jury in the Skiatook Schools’ case, our audit did not extend to the vendor in the case who was billing Skiatook Public Schools for janitorial supplies at a rate 100% to 500% above the market price. The audit contained facts and documentation of the transactions but it did address an issue of potential kickbacks or embezzlement. These issues were addressed by the grand jury and will be prosecuted by the Tulsa County DA. The grand jury also requested that the [Oklahoma state Bureau of Investigation] take a look at the vendor’s records to determine possible collusion between the vendor and the former superintendent.

“The purpose of a special audit is not to determine any party’s guilt or innocence. The purpose of the audit is to present the facts resulting from a thorough, independent examination of an entity’s records and interviews conducted among its personnel. An audit may, in turn, be used to support the prosecution of one or more individuals but that decision is not made by the auditor.”

A criminal investigative audit of the Broken Arrow Public School district began this week at the request of Attorney General Drew Edmondson. The scandal surrounding the district has been described as including “lots of moving parts.”

Auditor & Inspector Steve Burrage withholds release of Broken Arrow audit

Wed, 01 Sep 2010 23:52:00 GMT

Editor’s Note: In a shocking turn of events, Auditor & Inspector Steve Burrage late today (Wednesday, September 1) announced he would withhold release of a long-awaited audit of governance and spending in the Broken Arrow public schools. CapitolBeatOK encourages readers to read two news stories posted on this website earlier today. We have made an editorial policy decision to let these two items stand without revision in the interest of fully informing our readers.

The first item posted at mid-day was “Release of Broken Arrow Schools audit nears, law firm’s role questioned.” The second story, presented to our readers at mid-afternoon, was “Broken Arrow exit interviews: Who was in, Who was out, and Why.” Many other stories have been posted previously, but these two capture the most recent information obtained by CapitolBeatOK, so that the late-breaking news about the decision to withhold the audit can be viewed in context. The text of the release from Burrage’s office is presented below, without editorial revisions or quotation marks.

State Auditor Steve Burrage issued the following statement regarding the pending release of the special audit of Broken Arrow Public Schools:

After considerable thought and deliberation, I have decided, at this time, to withhold the release of the special audit of Broken Arrow Public Schools. Serious concerns regarding the independence of the special auditor assigned to this audit and the independence of the work papers associated with this audit raise sufficient doubt to call into question that which we in the auditing profession hold to the highest standard. The inappropriate release last week of a draft version of this audit report only compounds my concerns about independence. As a CPA, I believe in the Code of Conduct which guides our profession and I cannot, in good conscience, release a report which in any way calls into question our independence.

Our office received a special audit request letter from the Attorney General last week requesting an investigative audit of Broken Arrow Public Schools. I am assigning two, different special auditors to conduct this audit and we will work with all deliberate speed to complete the audit. The auditors will be able to address those issues of interest to the Attorney General as well as the concerns identified in the special audit request by the Broken Arrow School Board. The patrons of Broken Arrow will receive an audit and it will include our factual findings to the concerns regarding compliance with the competitive bidding act, potential split-purchasing and other matters.

I want to stress that the special audit of Broken Arrow Public Schools is limited to the district, its internal controls structure, compliance with its policies and procedures, and its record keeping practices. The Broken Arrow Public Schools Board had already implemented many changes to address the issues and concerns they asked us to address in the audit. Subsequent to the timeframe covered by the audit, many changes have occurred in administration, school board members, and new policies have been implemented. The Board members and Dr. Mendenhall are also aware of the concerns raised in the report even though we cannot issue it at this time. I feel confident that all of these factors will work together to eliminate, or allow for the early detection of, non-compliance issues and the risk of waste, fraud, and abuse at Broken Arrow Public Schools.

Although the controversy that has consumed some school patrons and taxpayers of the Broken Arrow community may never be resolved satisfactorily to everyone, our only role in this matter is to present the facts and make proper recommendations to the Board for corrective action.

I had truly hoped to be able to release the audit as scheduled but getting it right takes precedence. I want the audit out and I believe members of the school’s board and administration also want it out and it will happen, just not tomorrow.

State Question 752 modifies judicial selection, nomination process

Wed, 01 Sep 2010 02:02:00 GMT

By Patrick B. McGuigan

Published: 31-Aug-2010

NOTE: This is the sixth part in a series of articles on Oklahoma’s statewide measures. CapitolBeatOK will be examining all the state questions on the November ballot. Pat McGuigan is the author of “The Politics of Direct Democracy: Case Studies in Popular Decision Making.” He was a featured speaker at this year’s Global Forum on Direct Democracy.

One of the lower-profile issues going before voters this fall is State Question 752, which would allow Oklahomans to amend the state Constitution to modify the state’s judicial nominating process.

The proposed amendment would increase the membership of the Judicial Nominating Commission from 13 to 15 members. Under the proposal, two new, at-large members would be added to the commission. Those two new members would be laymen, not attorneys (with the two new members appointed by the President Pro Tempore and the Speaker of the House, one appointment per legislative leader).

To reduce the appearance of possible undue influence, State Question 752 would also prevent any individual from serving on the Judicial Nominating Commission if that person has an immediate family member who has been admitted to practice law in Oklahoma or any other state.

To make the process more bipartisan, the proposed amendment also prohibits more than two of the three at-large members from belonging to the same political party.

Currently, when a state judicial vacancy occurs, the Judicial Nominating Commission selects nominees to serve as judges or justices. The commission often advances three to four names to the governor, who then must appoint one of the nominees.

Under the current system, the governor appoints six of the 13 existing members of the Judicial Nominating Commission. Those appointees cannot be lawyers and must include at least one member from each congressional district.

Another six members of the current commission are lawyers who are members of the Oklahoma Bar Association and selected by members of that organization, with at least one lawyer-member from each congressional district.

Currently, the 13th Commission member is an at-large member (who must also be a lawyer) selected by the other 12 members.

Critics felt that set-up placed too much control over the state judiciary in the hands of the legal profession, particularly the. Oklahoma Bar Association. Advocates of S.Q. 752 have said OBA has strong Democratic ties favoring judicial activists.

Supporters of State Question 752 argued that adding two more non-lawyer at-large appointees selected by the legislative branch will provide more accountability within the Judicial Nominating Commission. Additionally, the measure is seen as a way to give non-attorneys a true voice in the selection and nomination process.

However, the effort to place the state question on the ballot was not easy.

Senate Joint Resolution 27, by state Sen. Patrick Anderson (an Enid Republican, and an attorney) and state Rep. Dan Sullivan (a Tulsa Republican, and an attorney), placed State Question 752 on the ballot.

The resolution encountered strong resistance that largely broke along party lines. As it moved through the Legislature, most Democrats opposed the measure and most Republicans supported it. In 2009, Senate Joint Resolution 27 passed by a narrow 51-34 vote in the state House, and a narrow 25-21 vote in the state Senate, receiving the bare majority required to pass in each chamber.

Now the issue is in the hands of the Oklahoma voters.

Study finds need for generators in assisted living facilities

Wed, 01 Sep 2010 23:30:00 GMT

News analysis: Broken Arrow scandal erupts, criminal probe begins, turmoil ensues

Wed, 01 Sep 2010 20:49:00 GMT

By Patrick B. McGuigan

Published: 28-Aug-2010

After simmering for years, the Broken Arrow public school scandal erupted into full scale news coverage in Tulsa and Oklahoma City late this week. But even the information now widely available in the public square may understate the extent of the situation.

Attorney General Drew Edmondson has directed that a new, criminal investigative audit of the troubled district commence immediately. A draft version of the original state audit, resulting from a process which began in spring 2009, is circulating, while the official version is scheduled for release on Thursday, September 2. The auditor's office told CapitolBeatOK the new criminal audit will not delay release of the final version of the first audit. In a statement, the auditor has condemned circulation of the draft audit.

The district has faced a springtime of turmoil as the auditor's report neared completion and other events unfolded.

At this point, most reporting on the district has not touched upon the controversial Rosenstein, Fist & Ringold law firm, which many local “watchdog” groups have closely scrutinized for large legal fees, interference in school decisions and other issues.

Ronda Vuillemont-Smith, a Broken Arrow parent-activist who has monitored the burgeoning scandal for the last few years, sought two weeks ago to attend the state auditor's briefings for school board members, but was told the summary would not be open to the public.

She challenged the inclusion of the district’s legal counsel, the Rosenstein firm, whose work has, itself, been subjected to intense criticism and scrutiny in recent months. In exchanges with district officials, she noted that in the six previous audits of the school system, attorneys were not present when audit findings were unveiled.

She told CapitolBeatOK, “I am a Broken Arrow resident and parent of three BA students in high school as well as a concerned citizen. I became involved with the Broken Arrow school system following the allegations of improper bidding procedures and misuse of funds a couple of years ago. It frustrated me that those involved seemed determined to try to cover up and impede the investigation.”

Vuillemont-Smith said that after “a mysterious fire destroyed important paperwork” touching the recent investigation, it seemed to her “apparent that something fishy was going on. .. Last year I fought to defeat the Broken Arrow bond issue as I felt that it was too much money at the wrong time. … I'm a firm believer in transparency, fiscal responsibility and accountability.”

Sources in Broken Arrow have told CapitolBeatOK that an attorney for the school district said, in wake of the audit “exit interview” presentation on August 18, that the district would “hire the largest PR firm in Oklahoma” to combat negative publicity.

Vuillemont-Smith said she wanted to know who is going to pay for the services of the largest PR firm in the state. In an exchange with the local superintendent on August 18, she asked who would be responsible for that expense. Superintendent Jarod Mendenhall said he did not know anything about the statement.

One of Superintedent Mendenhall's first steps when he assumed the district's top job this summer was to reverse a decision his predecessor, Gerber, had made to charge premium rates for an open records request by another district parent.

School district records were reportedly seized earlier this spring, in connection with either state or federal investigations. Two weeks ago, the audit process itself was the subject of a stormy confrontation between Burrage and state Rep. Mike Reynolds.

In the freshest developments, Radio station KTOK is among news organizations with major reports in the last 48 hours. Ashli Sims of Tulsa's newson6 has prepared a series of reports that have also been carried on Oklahoma City's news9.

KTOK's Jerry Bohnen summarized the 70-page draft audit as “a stunning list of dozens of allegations of violations of public competitive bidding laws, split bidding by the Broken Arrow school district, the awarding of bids of millions in contracts with a Broken Arrow air conditioning firm named Air Assurance, the installation of used air and heating equipmen at the Broken Arrow schools and a violation of the State's open meeting act by the board of education.”

The Tulsa World is reporting that Broken Arrow public school officials skirted around competitive bidding laws to direct $3.2 million to Air Assurance.

Roots of the audit emerged from the work of former Superintendent Jim Sisney, who had pressed for a broad examination of spending patterns that troubled him during his tenure at helm of the district. However, after the Broken Arrow school board dismissed Sisney with a still-contentious 3-2 vote, the board requested a narrower and more focused audit.

The process of that audit has led to questions about decisions by Sisney's successor, Gary Gerber, to avoid competitive bidding provisions and to cover up law violations.

As Clifton Adcock reports in today's Tulsa World, the draft audit report “details instances where city officials intervened in police and fire investigations involving the school. Since 2009, allegations of wrongdoing have been examined by the Oklahoma Attorney General's Office, Broken Arrow police and the Oklahoma State Bureau of Investigation, which said it had forwarded the case to the FBI. No charges have been filed in the case.”

Trey Davis, Burrage's spokesman, told Adcock the new audit the attorney general ordered could begin within a week. A letter to Burrage from Tom Gruber, Edmond's first assistant, says:

“Our office has received a complaint concerning possible improper procurement practices and possible illegal conduct during the period of July 1, 2006 through March 31, 2009 at the Broken Arrow Public Schools. We have received the complaint and conducted an interview, and have concluded that an investigative audit for criminal and other types of misconduct should be conducted. Please consider this letter an official request of the Attorney General, pursuant to 74 O.S. 2001 [sec.] 18f, to perform this audit. Because this involves an investigation which could result in criminal charges being filed, this audit and its results are to be kept confidential until the investigation has been completed.”

Adcock summarized the information available thus far: “Air Assurance performed some repairs, replacement and preventative maintenance on the district's heating and air systems that it was not legally authorized or, in some cases, asked to do, the documents indicate. The company had a master key and access codes to all school buildings in the district, the report states. State law requires that projects costing more than $25,000 be opened for bids. But the district did not request bids on its heating-and-air work and got around the law by 'splitting' the projects, according to the report.”

Gerber signed off on many of those jobs, Advock reported.

Adcock continued, “Despite Gerber's telling auditors that he never oversaw day-to-day operations, the auditor found several cases where Gerber had engaged in maintenance decisions. E-mails from the school's head of maintenance, Bill Miller, to Gerber gave total costs of planned work with cost estimates above the competitive-bidding threshold that were later split to come in under that limit, and Gerber signed purchase orders splitting the costs, the draft report states. Gerber also asked an employee to work up a quote format to make it appear the district was using proper procedures in case board members or then-Superintendent Sisney asked, according to the [draft audit] document.”

Gerber has declined comment on the allegations, Adcock reported. The World reporter also wrote, “After Sisney was suspended by the board in October, Gerber was named interim superintendent. The next day, Gerber requested that the chief financial officer give him invoices and correspondence between the school and Air Assurance, the report states, but fearing their destruction, she photocopied the documents. In November 2008, employees saw Gerber carrying out bags of shredded paper, the report states.”

Adcock continued, “After being named interim superintendent, Gerber locked employees out of the office where heating-and-air records were stored, the report says. When they were allowed back in a few months later, they said numerous files were missing, and handwritten notes from Gerber had been added, the documents [in the draft audit] state.”

After months in which allegations of interference by district officials in an arson investigation have swirled around the case, new information provides crucial details. Adcock reported in today's editions of the Tulsa newspaper:

“In one case, a meeting between board members and a Broken Arrow police officer investigating a complaint of malfeasance against them was canceled by a city official, according to the report. And the fire marshal deemed a February 2009 fire at a Broken Arrow storage facility suspicious in nature with no apparent source of ignition. The fire was near a unit that had been rented by Air Assurance that contained boxes labeled 'BA Schools,' according to reports at the time. The boxes were labeled 1 through 6, but the box that would have been labeled '2' was missing, the [draft audit] report states, and police obtained a search warrant for the storage unit. A few days after the fire, the fire investigator was told by his supervisor to stop the investigation and that the Police Department would handle it, according to the auditor's report. Officers told the auditor that the Police Department never worked the fire investigation. After receiving a second complaint against Broken Arrow Public Schools, the investigating officer opened a second case, the report said. The officer was contacted repeatedly by Broken Arrow city officials and was asked to hand over to school attorneys documents seized after a search warrant was served at the school, according to the report. He refused. “

Air Assurance executives moved on Friday (August 27) to limit rising controversy. In open letter to employees and customers, owners said:

“We write to you today to inform you some information about our company in the media is completely untrue. We still await the official audit to be released from the State Auditor’s office; however, media outlets are reporting information about our company that is inaccurate and this letter is to correct some of those issues. An alleged draft of the report is stating misinformation -- specifically on the website for KTOK, an Oklahoma City-based radio station.

“In the 18 months that it took the State Auditor’s office to conduct its audit of the Broken Arrow Public Schools, we find it ironic that our company was never contacted by anyone from the auditor’s office. Had someone from the auditor’s office contacted our company we would have been able to clear up the many inaccuracies being reported in the alleged leaked draft of the auditor’s report.

“For example, it is being reported that Air Assurance is an out-of-state owned company. This is totally untrue.” The owners said they have “lived in Broken Arrow for more than 20 years.”

The letter continued, “Another allegation is that we completed work without proof of insurance or completing a bid. Both of those allegations are incorrect. We have maintained adequate and compliant insurance coverage and submitted proof to the school every year. We also have proof of submitting a bid pursuant to an RFP. We never completed any work for the school system without having a purchase order in advance.

“Additionally, the KTOK website states we had keys to the school buildings implying a violation of law or school policy. In fact, the school district issued our company access keys so we could immediately respond to any heating and air conditioning maintenance issues that occurred. During our many years of service to the district at no time was a security issue or complaint ever shared with us. This procedure allowed our company to promptly correct the problem so that it did not interfere with the school day. We are proud that in the 15 years of our company providing service to the Broken Arrow Schools there was never an issue of safety violations. We were careful and diligent to avoid carbon monoxide leaks or any other heating and air conditioning dangers that could hurt the students. We took pride in our ability to provide a safe learning environment for the children of Broken Arrow.

“We thank you for being a part of our family and standing by our company. Free speech and open media is a constitutional right which we respect and support; however, we also have the right to set the record straight.”

In a statement sent to CapitolBeatOK, state Auditor & Inspector Steve Burrage said that circulation of any draft audit document is “unprofessional and irresponsible.”

He said: “It’s unfortunate, unprofessional and possibly unlawful that someone deliberately sought to undermine the authority and integrity of the State Auditor’s office by releasing a draft of this special audit. Sadly, the highly charged atmosphere surrounding the ongoing controversy at Broken Arrow Public Schools has turned this normally routine process into a spectacle.”

The auditor's press release concluded, “A draft version is just that – a DRAFT version.”

Auditor's spokesman details Broken Arrow process, audit process in general

Thu, 02 Sep 2010 21:31:00 GMT

By Patrick B. McGuigan

Published: 28-Aug-2010

After years of steadily building grass roots pressure and reporting, including news stories from CapitolBeatOK, allegations of criminal wrongdoing are now front and center in the Broken Arrow public school district.

Major news stories yesterday and today (Friday and Saturday, August 27 and 28) on Oklahoma City radio station KTOK, in the Tulsa World and on Channel 6, the CBS affiliate in Tulsa, provided the breaking news. Among other things, Attorney General Drew Edmondson has requested a criminal investigative audit of the school district.

The office of Auditor and Inspector Steve Burrage on August 18 presented to school officials an audit the district requested requested 18 months ago. A second “exit interview” is scheduled for Tuesday (August 31), CapitolBeatOK has been told.

A draft version of the original audit is circulating among news organizations, with the final and official version slated for public release on Thursday, September 2. In response to a series of questions from CapitolBeatOK, the auditor's spokesman provided greater detail about the Broken Arrow process, and about audits in general.

Responding to question about the August 18 exit interviews the auditor's office held with Broken Arrow school officials and the district's controversial law firm, Rosenstein, Fist & Ringold, Trey Davis of Burrage's office said after that meeting:

“We complied with our statutory requirement to meet with the Broken Arrow School Board to conduct an exit conference on its requested audit of allegations contained in a taxpayer notice letter. As to the process, we will consider the comments and information gained from the meetings with the members of the Broken Arrow School Board and Superintendent [Jarod] Mendenhall.”

Sources have told CapitolBeatOK the sessions on August 18, held with no more than two board members at a time to avoid open meeting law violations, were sometimes contentious. Asked if audiotapes of the session with the firm and district representatives were available, the auditor's office said, “The exit conferences were not recorded.”

CapitolBeatOK learned that the office of Attorney General Drew Edmondson met with peers from the auditor's office early this week.

In response to questions, Davis said, “The meeting with the attorney general was on Monday, August 23. The meeting began at 4 p.m. and lasted about 45 minutes. Attending the meeting from our office were State Auditor Steve Burrage, Deputy State Auditor Michelle Day and Ricky Branch, Director of the Local Government and Special Services Division. I believe AG Drew Edmondson and [First Assistant Attorney General] Tom Gruber were present from the AG’s office. The meeting regarded the Broken Arrow public school audit.”

The auditor's office is holding a second “exit interview” with the district and its lawyers before next week's release of the final version of the audit. While some sources have said that second meetings with audit “customers” seem unprecedented, in response to questions from CapitolBeatOK, Davis provided details to the contrary:

“A second exit conference (or more) isn’t unprecedented. It doesn’t happen often but it does happen. In this case, the Board requested a second exit conference and, as our client in this audit, we have offered to meet with them a second time.” Davis said, “If we do meet with the board members again, it will not re-engage (as it were) the 14 day waiting period required by statute and will not delay the release of the audit.” Davis subsequently told reporters a second “exit interview” has been slated for August 31.

In response to CapitolBeatOK's questions, Davis listed the following recent or ongoing audits in which two or more exit conferences occurred: Oklahoma Department of Education, Tulsa County, Cleveland County, Atoka County, Osage County, Grant County, Caddo County and numerous Emergency Medical Service district audits.

Davis said the Auditor's office was unable to provide an estimate of how frequently two or more exit interviews are provided in conjunction with audits. He told CapitolBeatOK, “We conduct hundreds of audits each year and every audit has at least one exit conference.”

CapitolBeatOK asked Davis if the forthcoming official audit is being revised from the referenced August 18 draft. Davis responded, “The audit is in draft form and has not been made public so I am prohibited from discussing its content. My inability to comment should not be construed to mean that a change has occurred between August 18 and [August 27], nor should it be construed to suggest that no change has occurred. As for the audit process in general, every audit undergoes review and revision from the time it is initially drafted until it is signed and released by the State Auditor.”

He continued, “An audit is reviewed by several sets of eyes to ensure that the final product is accurate and that any findings are supported by facts. The audit is cross-referenced with its supporting work papers. It is an arduous, time-consuming, methodical process. It is a responsibility we take very seriously because our audits have the potential to impact the lives of individuals as well as the entity being audited. It is a safeguard on behalf of taxpayers. An exit conference, whether for a financial, operational or investigative audit is an opportunity for the Auditor’s Office to present its findings to our client.”

In customary audits, “the client has the opportunity to provide a written response to any finding which is included in the final report. The exit conference provides another opportunity to ensure the accuracy of our report. If, during or subsequent to the exit conference, information or documentation is provided that is relevant to the audit report, that information is taken into consideration and, if necessary, the draft is revised to accurately reflect the finding on a given objective.

“During the exit conference on an investigative audit, the same courtesy to provide comment, information or documentation regarding an audit finding is afforded the client. Although those comments do not appear in the form of a written response to an audit finding in the audit report, they are still taken under consideration. As with any other audit, if the information is relevant to the finding then the draft may be revised to accurately reflect information not previously provided or considered. This doesn’t mean the audit is changed, it may simply be the inclusion of a sentence noting that 'B' provided 'C' in response to 'A.'

CapitolBeatOK has sought copies of prior drafts of the forthcoming audit, and of working papers connected to the Broken Arrow audit process. Davis told this reporter, “A draft audit report is not a public record. By its very nature, it is a work in progress. The public record is the official report that is signed and published by the State Auditor.”

Pruitt assails EPA moves, promises federalism unit

Wed, 01 Sep 2010 02:09:00 GMT

CapitolBeatOK Staff Report

Published: 27-Aug-2010

Republican candidate for attorney general, Scott Pruitt, said today (Friday, August 27) the recent petition filed by the Center for Biological Diversity and several other groups with the US Environmental Protection Agency (EPA) to ban lead in ammunition and fishing tackle is a direct assault on the freedoms guaranteed Oklahomans under the Second Amendment.

While visiting the Lawton area, Pruitt said, “The attempts to ban lead in ammunition and fishing tackle is a back-door attack on basic freedoms we enjoy as Oklahomans and our way of life. Should the Environmental Protection Agency pursue this ban, as attorney general, I will do all I can to stop Washington bureaucrats like the EPA.”

Pruitt contended there are several options the office of attorney general can pursue against the EPA. Filing a brief on behalf of Oklahomans during the EPA’s public commentary period would be the first step. More importantly, Pruitt said in a statement sent to CapitolBeatOK, he would work to build coalitions of attorney generals across the country who would join to “push back” on the overreach of the federal government in numerous areas including healthcare, immigration and unreasonable environmental constraints that not only would “tank” Oklahoma’s economy, but impede the rights of Oklahoma to set state policies.

Pruitt continued, “This week, we also saw the EPA delay the announcement of draconian ozone standards they seek to put in place to advance an ultra-liberal environmental agenda until after the November elections. This is the politics of Washington bureaucrats trying to hide their intentions from the people of Oklahoma, and it’s got to be stopped.”

Pruitt said as attorney general one of the first initiatives of his administration will be to prioritize resources in the AG’s office, and dedicate a team, a “federalism unit,” to defend against abuses of power by the federal government that impact Oklahomans.

In previous comments to reporters, Pruitt has said he would press the federal government to take responsibility for management of immigration policy and the costs of enforcement.

Pruitt garnered 134,335 votes (56.% of the total) to win the July 27 GOP primary. His opponent, Oklahoma City attorney Ryan Leonard, had 105,343, or 43.95%.

Pruitt will face Democratic nominee Jim Priest in the November election. Priest gained his party’s nomination without opposition.

Pruitt concluded Friday’s statement” “I will assign attorneys in the AG’s office whose primary responsibility is to determine how the office can and should push back against Washington. Whether its related to property rights, the right to keep and bear arms, the right to educate our children, or related to the first amendment, the attorney general must have resources and leaders internal to the office fighting those battles every day.”

NOTE: Editor Pat McGuigan contributed to this report.

Lindsey’s Law takes effect, interim hearing August 31

Wed, 01 Sep 2010 02:09:00 GMT

CapitolBeatOK Staff Report

Published: 27-Aug-2010

The parents of special needs students in Oklahoma can now apply for scholarships that allow their children to attend private schools, state Rep. Jason Nelson said today (Friday, August 27).

Lawmakers will soon conduct a legislative study on the new law to seek ways to increase its benefit for Oklahoma families. The first meeting will be held Aug. 31 with a second study date to be scheduled later.

“The Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act became law today, and it’s very important that the families of special needs children are aware of this opportunity and take advantage of it,” said Nelson, R-Oklahoma City. “This program creates new opportunities for many children who would otherwise be unable to obtain educational services truly tailored to their unique needs.”

Under House Bill 3393, also known as “Lindsey’s Law,” children with disabilities who have an individualized education program (IEP) qualify for a scholarship to attend any private school that meets the accreditation requirements of the State Board of Education.

The legislation, authored by Nelson and by state Sen. Patrick Anderson, had strong support from many families of children with autism.

The state Board of Education finalized the rules allowing implementation of the scholarship program on August 26, and parents can now contact their resident school district to apply for the program, Nelson said.

Both Rep. Nelson and Schools Superintendent Sandy Garrett told CapitolBeatOK the process leading up to promulgation of state rules for the scholarship program was described as satisfactory.

“Having visited with many parents of special-needs students, I know how important this scholarship program is to those families,” Nelson said. “It will allow those parents to provide the best education and best future possible for their children beginning this school year. Every parent interested in this program should take advantage of it.”

The scholarship program created through House Bill 3393 does not require new spending, but merely redirects existing state funds that are currently spent on the student.

Other states with similar laws include Florida, Georgia, Utah, Ohio and Arizona. The Florida program has been in place since 1999 and now serves approximately 20,000 students with special needs. House Bill 3393 closely mirrors the Florida and Georgia laws.

The legislation has been named the Lindsey Nicole Henry Scholarships for Students with Disabilities Program Act to honor the memory of one of the Gov. Brad Henry’s daughters, who died of a rare neuromuscular disease as an infant.

Lawmakers will soon conduct a legislative study on the new law to seek ways to increase its benefit for Oklahoma families. The first meeting will be held Aug. 31 with a second study date to be scheduled later.

The House Human Services Committee participating in the interim study, with the Tuesday, August 31 meeting beginning at 9:30 a.m., includes Chairman Pam Peterson of Tulsa and Wade Rousellot of Wagoner, vice-chairman.

Other members of the panel are Fred Jordan of Jenks, Sally Kern of Oklahoma City, Al McAffrey of Oklahoma City, Mark McCullough of Sapulpa, Mike Reynolds of Oklahoma City, Mike Shelton of Oklahoma City, Ben Sherrer or Pryor Creed and Weldon Watson of Tulsa.

NOTE: Editor Pat McGuigan contributed to this report.

Sat, 28 Aug 2010 22:07:00 GMT

By Patrick B. McGuigan

Published: 25-Aug-2010

The momentum James Lankford gained in his narrow first-place showing on primary election night apparently never waned. In the Tuesday (August 24) runoff for the Republican nomination in the Fifth District Congressional, Lankford soared to 65.22% backing, a total of 29,814 votes. He will face Democratic nominee Billy Coyle in the general election.

Lankford actually gained roughly 11,000 votes between the primary and the runoff, and easily defeated former state Rep. Kevin Calvey, who garnered 15,899 votes, for 34.78%. Calvey’s support dropped by a little more than 2,000 votes between the two elections.

Calvey conceded early in the evening. In the process he issued a stirring endorsement of his opponent. He said Lankford has built “an enormously loyal network of people” around his church, and built more from there. Calvey said the victor “worked very hard. He has my support. I wish him well, He deserved to win. I will continue to pray for him and his family.”

The campaign had taken a provocatively negative turn in recent weeks, with Calvey charging Lankford with naivete about some issues. Lankford had rebutted Calvey’s accusations with his own strong defense in television and print advertising.

While Calvey had a strong financial advantage over the long course of the campaign, Lankford surged dramatically in late donations. The two men differed little on substantive policy matters, both running strongly conservative issues-driven campaigns.

Last weekend, veteran political reporter Mike McCarville reported over a four day period of late major contributions, Lankford had a total of $87,000 to Calvey’s $20,400 in the same time period.

The rancor of the closing days of the campaign was not in evidence on election night. Lankford told supporters he had received “a remarkably gracious call from Kevin.” Lankford praised his opponent, then went on to call upon his supporters to make “continued sacrifices of time and money.” He described the campaign as infused with “a passion for our God, our families and our country.”

Lankford said he and his supporters “want our children to have the kind of America that we grew up with.” He promised to fight to curb “a Congress that’s spending too much, taxing too much and cares about the next generation too little.”

Next to the initial introduction of Lankford and his family by businessman Frank McPherson, the largest cheer of the night came when Lankford said he would be part of an electoral revolution designed “to send Nancy Pelosi back to San Francisco.” When the raucous response died down, he added, “I’m really looking forward to her flyng coach.”

Lankford ended his campaign speech with a prayer, including calling for Divine blessings upon each of his original six opponents.

The Republican nomination for Commissioner of Insurance went to Tulsa businessman John Doak, who racked up 84,570 votes (70.55%) over former Commissioner John P. Crawford. Doak will challenge incumbent Democrat Kim Holland, who secured a major legal victory on Tuesday, winning her challenge to the constitutionality of the controversial health insurance claims tax.

In the Republican primary for state House District 100, the seat being vacated by incumbent Mike Thompson, Elise Hall garnered 2,150 (62.12%) to David Looby’s 1,306 (37.88%). No Democrat filed for the seat, so Hall’s victory makes her representative-elect. While not yet confirmed, some Republican sources say she will be the youngest elected state representative in the nation when she takes the oath of office this winter.

CapitolBeatOK will sort through November matchups in the weeks ahead, with additional reporting on some of the key primary and runoff contests.

S.Q. 748 could enlarge apportionment commission, impact races

Sat, 28 Aug 2010 22:06:00 GMT

By Patrick B. McGuigan

Published: 25-Aug-2010

NOTE: This is the third part in a series of articles on Oklahoma’s statewide measures. CapitolBeatOK will be examining all the state questions on the November ballot. Pat McGuigan is the author of “The Politics of Direct Democracy: Case Studies in Popular Decision Making.” He was a featured speaker at this year’s Global Forum on Direct Democracy.

Under State Question 748, citizens will have the opportunity to change the state’s redistricting “back up plan” if the Legislature ever fails to reach an agreement in a timely manner.

The redistricting process occurs every 10 years following the completion of the U.S. Census count. After receiving data from the Census, the Oklahoma Legislature is required to redraw the district lines for all 101 state House districts, 48 state Senate seats, and (currently) five congressional districts.

The population of each district must be approximately the same to provide all citizens equal say in their government, regardless of where they live, ensuring the concept of “one person, one vote.”

Under State Question 748, if the Legislature fails to redraw state House and Senate seats following a U.S. Census, a revised, bipartisan seven-person Apportionment Commission will do so. The measure also renames the commission, making it the Bipartisan Commission on Legislative Apportionment.

Currently, the Apportionment Commission is comprised of the state Superintendent of Public Instruction, the Attorney General and the state Treasurer. The commission is responsible for designing new legislative district lines following a federal Census if the Legislature is unable within 90 days to compromise on the redrawing of the districts.

Had redistricting gone to the commission after the 2000 Census, the task of drawing new lines would have been decided solely by three statewide-elected Democrats.

If the process remains the same next year, there is at least a possibility the situation could be reversed after the 2010 elections. Analysts say it is not out of the question that Republicans will be serving as State Superintendent, Attorney General and state Treasurer in 2011, although the first two of those races appear competitive at this writing.

However, if State Question 748 is approved by the voters, the make-up of the commission would be increased and revised to ensure it is comprised of an equal number of Republicans and Democrats with voting power.

Under the proposal, the governor, Speaker of the House and President Pro Tem of the Senate would each make two appointments to the commission, one Republican and one Democrat each. The lieutenant governor would also serve on the commission as a non-voting member and as chair of the commission.

Any redistricting plan approved by the commission must have majority support on the board (four votes), meaning any plan approved would have bipartisan support.

Senate Joint Resolution 25, which sent State Question 748 to the voters, passed the Legislature in 2009. The Senate vote was 25-21, while the margin in the House of Representatives was 59-38.

Although the likelihood of the commission ever having to redraw legislative and congressional seats is slim, the process of drawing lines based on equal population is a relatively recent development in Oklahoma history.

Prior to the 1965 session, seats in the Oklahoma House of Representatives were assigned by county instead of being drawn based on population. According to “A Century to Remember” (a history of the Oklahoma House), starting in 1911 each county with at least 0.5 percent of the state's population was entitled to at least one House seat.

Counties that fell below 0.5 percent of the state population were to be joined with an adjacent county, and counties with more than 1.75 percent of the state's population would have more than one seat. No county was allowed to have more than seven seats, which is what Oklahoma and Tulsa Counties each generally received.

However, lawmakers ignored some of those provisions and later allowed counties falling below the 0.5 percent threshold to continue having a representative. As a result, the number of House seats eventually grew to as many as 124 members in the 1953 session (compared to 101 today).

As a result of that method of designing legislative seats, a University of Oklahoma study in the 1950s found that the vote of a citizen in Cimarron County was effectively equal to the votes of 10.1 individuals in Oklahoma County. That was due to the legislative failure to create districts with similar-sized populations, according to “A Century to Remember.”

By the 1960s, an estimated 29 percent of the state's citizens actually elected a majority of House members.

That system was destroyed by the 1962 U.S. Supreme Court decision Baker v. Carr (enshrining the “one person, one vote” principle), which led to the modern system, including numbered House districts drawn based on population.

After court-ordered reapportionment in 1964, there were 48 new members elected to the Oklahoma House of Representatives.

Pittman calls for better bullying policy in schools

Mon, 30 Aug 2010 23:13:00 GMT

CapitolBeatOK Staff Report

Published: 25-Aug-2010

State Rep. Anastasia A. Pittman said yesterday (Tuesday, August 24) that tougher school policies against bullying need to be enacted to protect individuals like Ty Fields, a young man who, according to this family and some news accounts, committed suicide after being bullied at school.

“My heart goes out to Ty and his family,” Pittman, an Oklahoma City Democrat, said. “I cannot imagine the heartache that such a tragedy creates, the loss of an 11-year-old who had been bullied to the point that he felt the need to take his own life.”

Pittman is known as a strong advocate of education reform, better school policies and attention to the needs of children.

According to Pittman, there have been a number of bullying incidents in her local school district. She believes that it is a very serious problem.

“Our job is to protect these students and foster an environment where they can learn and grow,” Pittman said. “They should not have to balance threats and peer pressure to the point that they feel invisible or worthless.”

Pittman plans to develop and reintroduce House Bill 1636 in the upcoming session. This bill would allow administrators to document the first, second and third bullying offenses and require teachers to do a follow-up in 30 days in addition to making that information available for inclusion in transfers.

Pittman reports that she has received several calls at the start of the school year about children who do not want to return because of bullying problems.

“Currently, the Oklahoma City school district’s bullying policy is for each school to create their own,” Pittman said. “The individual school policies often lack teeth and there are problems associated with transfers from one school to another.”

Pittman expressed concern that too often teachers and principals are not adequately notified of the type of student they are receiving. Some teachers and school administrators may be unaware of a bully with prior incidents being transferred to their school.

Pittman said she knew of a girl who had been transferred to a high school in her district and then harassed another young girl at the school, sending as many as 43 threatening text messages in one day. The student had reported the problem to school staff, but nothing was done.

“The bully confronted the other girl and both were suspended,” Pittman said. “The father of the second girl even made her apologize to the bully, because he did not know the full story. Her mother was appalled that she was unable to find any help in escaping the bully and was herself punished.”

School districts statewide reported 259 cases of bullying of students that resulted in physical injury and 10,537 incidents without injury. Districts also reported the 1,431 cases of bullying teachers or staff.

“Public education is a service provided to our children and should never be the place where they are instead intimidated and harassed,” Pittman said. “We must add teeth to school policies through statute.”

Oklahomans have also supported limits on members of Congress. On Sept. 20, 1994, citizens voted to enact congressional terms limits through State Question 662.

Under that question, Oklahoma’s U.S. Representatives could serve no more than three two-year terms and Oklahoma’s U.S. Senators would have been limited to two six-year terms. Although State Question 662 passed with more than 66 percent of the vote, it was later struck down due to a U.S. Supreme Court decision.

Perhaps due to the state’s populist leanings, Oklahomans have favored limiting the service of governors since statehood. Originally, governors were not allowed to succeed themselves and could not seek re-election after completing a single term in office.

(Raymond Gary, who served as governor of Oklahoma from 1955 to 1959, unsuccessfully sought a second non-consecutive term in 1962 but failed to win the Democratic nomination.)

In a rare case of backing away from a term-limit law, voters approved State Question 436 in 1966, which amended the Oklahoma Constitution and revised the limit for the office of the governor to no more than two consecutive terms. That measure, placed on the ballot by the Legislature, passed with 62 percent of the vote.

However, it wasn’t until Gov. George Nigh won re-election in 1982 that an Oklahoman governor actually served two consecutive terms.

Apparently, support for term limits continues to have appeal across party lines based on the votes putting the question before voters.

Senate Joint Resolution 12, which placed State Question 747 on the ballot, was approved by the Oklahoma Legislature with bipartisan support in 2009. It passed the state Senate 30-12 and made it out of the Oklahoma House of Representative on a 69-29 vote.

Although there has been no organized campaign on either side of the issue (so far), State Question 747 has already generated some controversy.

In May 2009, Oklahomans for Responsible Government accused Attorney General Drew Edmondson of using slanted and misleading language to describe the ballot measure. Edmondson’s office is responsible for drafting the actual state question language that voters view on a ballot.

Oklahomans for Responsible Government noted the Attorney General’s version of State Question 747 included the following language on the ballot:

“It limits the ability of voters to re-elect statewide elected officers by limiting how many years those officers can serve.”

OFRG officials argued that the language was designed to cast the proposal in a negative light and drive down support for the measure.

However, a July 2010 poll conducted by SoonerPoll.com for The Tulsa World found that State Question 747 was supported by 77 percent of likely voters with only 16 percent opposed.

Comments hint at stormy Broken Arrow audit sessions

Wed, 25 Aug 2010 15:48:00 GMT

By Patrick B. McGuigan

Published: 19-Aug-2010

The office of state Auditor and Inspector Steve Burrage on Wednesday (August 18) presented the outline and substance of its investigative audit of the Broken Arrow Public School system. Members of the local school board met with auditors two at a time to hear the essentials of the report. The presentation was made at the Education Service Center in the Performing Arts Center of the city’s public schools.

Also present were the new local superintendent, and an attorney or attorneys from the Tulsa law firm of Rosenstein, Fist & Ringold. Inclusion of the law firm is a source of controversy in the community. Legal fees paid to the firm have been roundly criticized by local reform activists.

After the audit was outlined in the separate sessions, Dr. Jarod Mendenhall, the new superintendent of Broken Arrow Public Schools, read this statement to reporters:

"In April, 2009, our School Board took the bold step to request the State Auditor's Office to look into various allegations and suggestions surrounding our bidding and business practices, particularly those involving heating and air.

“Today, per the laws of Oklahoma that govern this process, the State Auditor's Office made its findings available to our Board of Education members (in 2-2-1 meetings) and myself in a preview setting the statutes call for.

“We were not given a copy of the report to keep. We have a great deal to digest and consider. We will use the next two weeks to provide additional information and clarification to the auditor.

“It would be inappropriate of me or board members to offer analysis or conjecture on the details of the audit at this time since we do not have the audit report in front of us.

“As I understand it, that's part of the reason that statutes allow for this type of preview in school board requested audits.

“I will be available to answer questions from media representatives about the State Audit of Broken Arrow Public Schools after the audit is made public by the State Auditor's Office."

Ronda Vuillemont-Smith, a local parent-activist who has monitored the burgeoning scandal for the last few years, sought in recent days to attend the briefings for two board members, but was told the summary would not be open to the public.

She challenged the inclusion of the school district’s law firm, whose work has, itself, been subjected to intense criticism and scrutiny in recent months. In exchanges with district officials, she noted that in the six previous audits of the school system, attorneys were not present when audit findings were unveiled.

She was interviewed by television reporters and others concerning the controversy, Mendenhall’s statement, and her concerns. Wednesday evening she told CapitolBeatOK:

“I am a Broken Arrow resident and parent of three BA students in high school as well as a concerned citizen. I became involved with the Broken Arrow school system following the allegations of improper bidding procedures and misuse of funds a couple of years ago. It frustrated me that those involved seemed determined to try to cover up and impede the investigation.”

Vuillemont-Smith said that after “a mysterious fire destroyed important paperwork” touching the recent investigation, it seemed to her “apparent that something fishy was going on.”

“Last year I fought to defeat the Broken Arrow bond issue as I felt that it was too much money at the wrong time. … I'm a firm believer in transparency, fiscal responsibility and accountability.”

Sources in Broken Arrow today told CapitolBeatOK that an attorney for the school district had said, in wake of the audit presentation, that the district would “hire the largest PR firm in Oklahoma” to combat negative publicity in the controversy.

Vuillemont-Smith wants to know who is going to pay for the services of the largest PR firm in the state. In an exchange with the superintendent on Wednesday, she asked who would be responsible for that expense. Mendenhall said he did not know anything about the statement.

The conversation was witnessed by Tulsa reporters. Ashli Sims of newson6, the local CBS affiliate, interviewed Vuillemont-Smith, who said she wanted to know who would pay for the PR firm at least one attorney for the school district said would be hired.

The audit may has been a source of remarkable tension both in Broken Arrow and the halls of the state Capitol in Oklahoma City. Last week, Auditor & Inspector Burrage had a press room confrontation with state Rep. Mike Reynolds after the legislator expressed concern that the audit might not be as comprehensive as hoped.

Sources with knowledge of the allegations and some of the current investigations into the district have told CapitolBeatOK documented mismanagement in the system may reach at least $3.1 million.

Involved are thousands of pages of documents, transcripts and individual exhibits, items which may or may not be part of the audit report, which will be made available to the public on September 2.

State Question 746: Voter ID measure on November ballot

Thu, 26 Aug 2010 15:34:00 GMT

By Patrick B. McGuigan

Published: 19-Aug-2010

NOTE: This is the first part in a series of articles on Oklahoma’s statewide measures. CapitolBeatOK will be examining all the state questions on the November ballot. Pat McGuigan is the author of “The Politics of Direct Democracy: Case Studies in Popular Decision Making.” He was a featured speaker at this year’s Global Forum on Direct Democracy.

When Oklahomans consider State Question 746 on the November ballot, they will decide if voters should have to present proof of identity before casting a ballot in future elections.

Voter ID legislation has been filed several times in recent years and even made it through the Oklahoma House of Representatives, but the state Senate proved a tougher sell for the measure before Republicans won outright control of that chamber in November 2008.

For example, during the 2008 session, one Voter ID measure gained House approval only to fail by a single vote in the state Senate. The Senate vote was 24-23, breaking down along party lines with Republicans in support and Democrats opposed. (A measure has to receive 25 votes in the Senate to pass.)

Supporters of a voter identification law argued it would prevent voter fraud that effectively disenfranchises legitimate votes cast by Oklahoma citizens.

Opponents argued identification requirements could disenfranchise some voters, particularly the poor and elderly, who do not always have a driver’s license and could possibly be prevented from voting as a result.

State Rep. Anastasia Pittman, an Oklahoma City Democrat, cited figures indicating approximately 11 million eligible voters in the U.S. don’t have a photo ID – including 10 percent of people with disabilities, 18 percent of seniors and 25 percent of African-Americans. Based on those figures, she said up to 78,000 Oklahomans over 18 do not have a photo ID, and predicted the law would disproportionately affect the elderly, the poor and the disabled.

However, since 2003 Oklahoma law has required first-time voters who registered by mail to show an ID in federal elections, and Voter ID supporters noted that law had not generated any complaints or lawsuits.

In the 2008 election, Republicans increased their majority in the House of Representatives and won outright control of the Senate for the first time in history, increasing legislative support for a Voter ID law.

Other factors added momentum to the effort, including election fraud concerns raised during the 2008 presidential election. Most prominently, ACORN, a liberal activist group that registered millions of voters across the country, had become embroiled in fraud allegations and was the subject of a resulting FBI investigation.

ACORN employees were accused of submitting false voter registration forms – including forms signed “Mickey Mouse” and several in Nevada listing Dallas Cowboys players’ names, though none of the players live in the state. One Nevada ACORN worker was allegedly caught filling out voter registration forms using names and addresses copied out of the telephone book. The group was involved in at least one state Senate election here in Oklahoma.

In addition, former Federal Election Commissioner Hans von Spakovsky spoke out in favor of Voter ID laws in a Wall Street Journal column, noting the states of Georgia and Indiana saw record numbers of Democrats vote in 2008 despite having some of the nation’s toughest Voter ID laws.

Most importantly, in April 2008, the U.S. Supreme Court upheld the constitutionality of Voter ID laws when it ruled in favor of an Indiana statute in a 6-3 decision. Justice John Paul Stevens said in a majority opinion that the desire to halt voter fraud outweighed underlying political issues with requiring voter identification at the polls.

“The state interests identified as justifications for [the Indiana law] are both neutral and sufficiently strong to require us to reject” the lawsuit, he wrote. The opinion carried some persuasive force with analysts and policymakers due to Stevens’ long tenure as one of the High Court’s more liberal jurists.

That growing momentum and Republicans’ increased clout in the Legislature benefited Voter ID bills.

By April 2009, a Voter ID measure (Senate Bill 4) won approval in both the state House and Senate and was sent to Gov. Brad Henry.

Although it had passed the House with support from a handful of Democrats, the governor sided with critics of the law and vetoed it.

Lawmakers then passed Senate Bill 692, which sent the issue to the ballot, giving Oklahomans the chance to decide the issue for themselves. S.B. 692 passed the House on a bipartisan vote of 69-30, although its Senate passage was by a far narrower and more partisan vote of 25-21.

If voters approve State Question 746, the new law would require voters to show photo identification issued by a state, federal or tribal government prior to casting a ballot. The law allows for voters to show a free voter identification card issued by a citizen’s county election board. And if a voter cannot present proof of identity, he or she would still be allowed to vote by provisional ballot after signing a statement under oath swearing to his or her identity.

'Warmth, friendship, hospitality’ characterize 'sister states' of Taiwan, Oklahoma

Wed, 25 Aug 2010 15:49:00 GMT

By Patrick B. McGuigan

Published: 19-Aug-2010

Governor Brad Henry of Oklahoma celebrated 30 years of close ties between his state and the province of Taiwan at a state Capitol ceremony today (Thursday, August 19). Governor Jung-Tzer Lin of Taiwan joined Henry in signing official documents renewing longstanding economic, cultural and business ties between the two states.

Henry recalled leading a delegation of Americans to the island Republic last year, just days after a devastating typhoon wreaked havoc in key coastal regions. He recalled that “even in that terrible time, we as visitors were treated with incredible warmth, friendship and hospitality.” Henry said he was happy to celebrate Oklahoma’s $16.3 million in export business directly to Taiwan last year.

He said the relationship has not only brought economic benefits, but has “enriched the lives of both our peoples.” Henry also touted the University of Oklahoma’s ties with two of Taiwan’s leading universities. He described the relationship as “strong and unbreakable.”

Governor Lin brought greetings from his national government and said Taiwan wants to keep the ties to Oklahoma “strong.” He said Taiwan’s people were “emotionally touched,” after the devastating typhoon, by the outpouring of assistance from Oklahomans and other Americans.

Lin expressed gratitude for the foresight of former Governor George Nigh, who initiated the link to Taiwan in 1980. He called on attendees to “help Taiwan to get more commercial trade and to make more money.” The latter comment evoked both applause and laughter.

After signing the sister city documents, Governor Henry presented Lin with a Frederic Remington bronze reproduction of a bucking broncho. Governor Lin presented to Henry the original 1980 accord between the two states.

Notable guests at the event included General Jing-Ling Tseng (retired), now minister of the Veteran Affairs Commission, Republic of China, and Hans H.S. Song of the Overseas Liaison Department. From Taiwan’s office in Houston, director John Chi and his assistant, Michael Lin, were present.

Chi earlier sent a note of thanks to Oklahomans that was posted as a letter to the editor at CapitolBeatOK and printed in the August 19 edition of The City Sentinel.

Several state officials also participated in the Blue Room ceremony, which was coordinated and moderated by Secretary of State Susan Savage. These included House Speaker Chris Benge of Tulsa, state Sen. Clark Jolley of Edmond, and cabinet Secretaries Natalie Shirley (Commerce) and Oscar Jackson (Personnel).

The Blue Room was packed with state officials, visitors from Taiwan and advocates of the Sister Cities accord, including Oklahoma County Deputy Commissioner Michael Taylor, who represented Brian Maughn, now vice president of the national Sister Cities group.

Before introducing the formal signing ceremony, Secretary Savage noted 6,000 Taiwanese are now resident in the Sooner State. She highlighted longstanding sister city ties between Oklahoma City and Taipei and Tainan on Taiwan; and the historic ties between Tulsa and Kaoshung.

Savage recalled the past several months of cultural and artistic events marking the three decades of close ties, including the “Taiwan Sublime” photography exhibit that adorned state Capitol walls earlier this summer.

Following the Capitol ceremony, representatives of the two states adjourned to the Oklahoma History Center for an evening reception featuring native music from both nations.

Oklahoma sets record in number of ACT test-takers

Tue, 24 Aug 2010 19:08:00 GMT

CapitolBeatOK Staff Report

Published: 18-Aug-2010

State Superintendent Sandy Garrett said today (Wednesday, August 18) that more Oklahoma high school seniors are taking the ACT than ever in state history; among 2010 graduates, the ACT was taken by 28,343 students, which is 1,289 or 4.8 percent more than the year before.

Higher expectations of students – clear in the ACE high school course requirements effective with the Class of 2010 – are “making a difference in the number of students being prepared for, and expressing an interest in, a college education.”

The ACE law (Achieving Classroom Excellence Act of 2005) required all high school students to complete a college-preparatory/work-ready curriculum beginning in the 2006-07 school year, which Garrett said is likely a reason more students are interested in higher education.

“Typically, an increase in test-takers results in a lower average score, but that isn’t what is happening in Oklahoma,” Garrett said in her statement, provided late Tuesday to CapitolBeatOK. In 2010, more Oklahoma students reached ACT’s College Readiness Benchmarks for all four content areas then in 2009. The state’s average ACT composite score for 2010 remains stable at 20.7, while the nation’s average has fallen 0.1 to 21.0.

Oklahoma’s score and percent of graduating seniors taking the ACT remain among the highest in the South. While comparable percentages of graduating seniors take the ACT in many southern states, students in Oklahoma’s Class of 2010 outscored those in Florida, South Carolina, Alabama, Mississippi, Arkansas, Louisiana, Kentucky and Tennessee.

“The greatest challenge in Oklahoma’s performance on the ACT college-entrance exam continues to be mathematics,” Garrett explained. Oklahoma’s 2010 subscore in math remains the same from the previous year. The state’s average science subscore increased, while English and reading decreased slightly, yet the state’s reading score remains its highest subscore on the ACT.

With 3 out of 4 Oklahoma seniors now taking the ACT – an indication they are interested in attending college – lawmakers and school leaders need to find better ways of convincing parents, students and teachers of math’s critical importance.

“While the state has increased expectations in mathematics in recent years, we simply must make math more of a priority for each Oklahoma child,” Garrett said, again calling for four years of math in high school. “There is a clear gulf between our students’ performance in mathematics and college-readiness benchmarks.”

The three largest minority student groups in Oklahoma – African American/Black, American Indian/Native American and Hispanic students – all posted higher ACT composite scores than their national counterparts in 2010. However, the gap between minority students’ average scores and that of their Caucasian peers is still significant.

In the five years since 2006:

· The number of ACT test-takers in Oklahoma has grown by 1,918.

· The state’s average ACT composite score has risen from 20.5 to 20.7, while the national average has decreased from 21.1 to 21.0.

· With the exception of “other,” ALL Oklahoma student groups have increased the number of students voluntarily taking the ACT and ALL have improved their average scores.

· The greatest gains were made by Oklahoma Hispanic students, whose score improved 0.4 points while the number of students tested increased nearly 30 percent.

The ACT is an assessment designed to predict success in college, and is graded on a scale score of 0 to 36. ACT projects that 73 percent of Oklahoma’s Class of 2010 took the college-entrance exam, the highest in Oklahoma’s long history as an “ACT state.”

Crawford, Doak contend in Republican runoff for Insurance post

Wed, 25 Aug 2010 15:47:00 GMT

Teacher Retirement E.D. touts one-year and seven-year investment returns

Wed, 18 Aug 2010 00:58:00 GMT

CapitolBeatOK Staff Report

Published: 11-Aug-2010

The Oklahoma Teachers Retirement System (OTRS) funds outperformed all other Oklahoma public retirement funds in both the one-year (FY 2010) and long-term (seven-year FY 2004-10) officials announced today (Wednesday, August 11).

CapitolBeatOK has previously reported underfunding of OTRS, and its designation among the nation’s worst-funded public pension systems. The overall poor condition of the system has drawn widespread coverage this year, including from CapitolBeatOK, The Journal Record and The Oklahoman.

The new data from OTRS, provided to CapitolBeatOK, puts in some historical context the system’s long term weakness with comparatively strong recent investment performance.

According to a new Pension Commission report released, the OTRS’s return of 16.6% in FY 10 puts the state teachers’ retirement system fund at the 11th percentile of all public funds in the U.S. Additionally, the OTRS fund ranked first among Oklahoma public funds by a wide margin in terms of national percentile. The Oklahoma judges’ retirement fund was next at the 26th percentile with a 14.2% annualized return.

“The board made a tactical move in January 2009 to invest in high-yield bonds in the midst of the market turmoil,” said Dr. James Wilbanks, executive director of the OTRS. “They saw an opportunity to take advantage of dislocated markets and this strategy provided the biggest return on our investments in FY 10 and is the reason we performed so well.”

In FY 10, OTRS returns on its high-yield bonds were 24.9%. The returns for the other asset categories for OTRS were 18.4% for domestic equity, 10/0% for international equity and 13.1% for fixed income.

Wilbanks says OTRS’s annualized return of 6.7% for the seven-year window (FY 04-10) also put the teacher’s fund in the top 10 percent nationally – in the 9th percentile - which outpaced the second-best Oklahoma Police Pension fund, which rated at the 28th percentile during the same timeframe.

However, Wilbanks and other state officials agree that fund management strategy, coupled with controlling costs at the agency level, will not alleviate the system’s $9.5 billion unfunded liability. National analysts, studying teacher retirement systems in general, have said that the gap in teacher pension funding, in sum, is worse than generally supposed. A CapitolBeatOK story earlier this year detailed substantial office redecorations at OTRS. In a subsequent News9 report, Wilbanks defended the redecoration project.

Oklahoma state Treasurer Scott Meacham has previously described Oklahoma’s Teacher Retirement System as “the number one financial threat the state is facing.”

"Above average investment performance is certainly to be commended," said Meacham, also chairman of the Oklahoma State Pension Commission. "However, due to the high unfunded liability of the Teachers Retirement System, it is obvious the state cannot earn its way out of the problem. State leaders are going to have to step up and take decisive action to keep the system viable."

Wilbanks says the OTRS board is working to develop proposals that will address the unfunded liability issue. At a recent retreat, the board voted to form a legislative committee that will present possible solutions to the Legislature and the incoming administration. This past legislative session, one proposal that did not advance would have ended special status for private association executives allowed to continue in OTRS as if they are public employees.

The OTRS is a state agency that administers retirement assets and provides income security through a monthly retirement benefit payable to its clients, who are educators and employees of Oklahoma’s public education institutions and agencies.

NOTE: Pat McGuigan contributed to this report.

Broken Arrow school audit meetings August 18, public release September 2

Plummeting state revenues and across the board cuts to state agencies welcomed legislators back to the Oklahoma Capitol Building for the 2010 legislative session. Just one year before, legislators approved cuts and standstill appropriations for several state agencies, but legislators were able to mitigate the worst effects of the downturning economy with budget stabilization dollars from the American Recovery and Reinvestment Act. Even those efforts to minimize the negative impacts to agency budgets were obliterated when revenue estimates -- that the FY ’09 budget was based upon -- missed their mark, coming in an average of 23.1% below their estimates between January ’09 and February ’10.[1] In the wake of these shortfalls, the Office of State Finance instituted monthly 5% across the board cuts to state agencies’ FY ’09 budgets, increasing the across the board cuts to 10% beginning in December.

Early in the 2010 session voices from the right called the shortfalls an opportunity to reduce waste in government.[2] Democratic Governor Brad Henry called on using the state's rainy day fund (left untapped during the ’09 legislative session), remaining federal stimulus dollars, and a variety of revenue enhancement tools to stave off the worst cuts. Even targeted tax increases were not considered because of an amendment to Oklahoma’s Constitution that makes it virtually impossible to raise taxes in the Sooner State.

Progressives, fearful of the short and long term consequences of gutting state services -- particularly for those services that protect vulnerable populations -- seized on an issue brief published by the OK Policy Institute suggesting that nearly $5.4 billion dollars of revenue is lost each fiscal year by tax expenditures (tax credits, deductions, etc.); a colossal sum relative to the actual FY ’10 budget of $7.2 billion. Progressives charged that cuts to services in a struggling economy would make it even more difficult for Oklahomans to recover and would stall progress in key areas of education, health care, and infrastructure. While raising taxes was not an option, progressive argued the state should at least consider repealing, capping, or modifying the hundreds of tax expenditures on the books.

Progressives can claim victory in highlighting these revenues and softening the cuts made to important services. In the end however, the final budget only modified a handful of these tax expenditures, leaving billions on the table.

Despite hopeful signs that state revenues are recovering, tax cuts set to kick in FY ’11, reduced rainy day revenues, and the absence of federal stimulus dollars mean legislators in the 2011 session will again have an incentive to revisit the state’s tax code and potential revenue generating options. It will be up to progressives to serve as a voice in defense of vital state services in the face of an inevitable call to gut government by a legislature dominated from the right.

Despite the scale of the budget troubles, budget negotiations were conducted behind closed doors by only a handful of elected officials and staff, leaving the remainder of the legislative agenda to focus on politically charged issues and platitudinous grandstanding. With majorities in the House and Senate, the Republican caucuses infested the legislative agenda with frivolous and divisive issues including: multiple efforts to nullify the federal health care reform legislation, impossible restrictions on convicted sex offenders, laughable efforts to invoke state sovereignty, and passing the nation’s most onerous and reprehensible affronts to reproductive freedom.

Progressive legislators and their proposals often found themselves marginalized and the target of bipartisan opposition. Progressive bills routinely died in committee without a hearing, and progressive opposition to politically charged legislation usually failed to even approach a majority. This should come as no surprise. Oklahoma is arguably one of, if not the most, conservative state in the nation. Even Oklahoma’s Democratic Governor Brad Henry, who used his veto pen more this legislative session than in his past seven years, saw some of his vetoes overridden with Democratic votes among the tally.

The informal Progressive/Liberal caucus did have a few moments for celebration. Below you will see progressive legislation that was signed into law and those bills in which progressives played a key role in defeating. In addition to those bills highlighted below, evidence of growing support for progressive ideas should give hope to progressives living in Oklahoma:

1. The budget crisis has emphasized the importance of adequate funding for state services

2. Emerging progressive advocacy groups and new coalitions based on funding needs are becoming more vocal and organized

3. Continued victories in the courtroom

4. Increased editorial backlash against the extreme right wing direction of legislation

ISSUE AREAS

Criminal Justice

· Progressive Victories

Approved by Governor

HB2998 –Creates a pilot program that establishes reentry and diversion programs to allow non-violent offender parents to receive community-based rehabilitative services in lieu of incarceration. The bad news is the pilot program is contingent upon funding from private donations and the legislature, and there was no money earmarked for the program in the state’s FY ’10 budget.

· Progressive Victories by Defeat of Bills

SB2041 – Would have required county jail inmates who “intentionally” injure themselves to pay for their own medical care. It’s important to point out that Medicaid does not cover costs of individuals while they are in custody, and most inmates are uninsured and unable to pay for treatment out of pocket. As a result, inmates who suffer from mental illness or those who have diabetes, epilepsy or other medical conditions that might lead to an injury, will suffer yet another cost of incarceration.

HB2941 – Would have required any person, upon arrest -- not conviction -- for a felony offense or certain misdemeanor offenses to submit DNA at the initial court appearance. Also sought to provide “absolute” immunity from civil liability to any OSBI employee who discloses DNA information in violation of the law. This legislation was defeated on the House floor by a coalition of progressive democrats and far right republican legislators. While these two groups will not be partners in a permanent alliance, it is important for progressives, especially those operating in minority caucuses, to recognize those issues where temporary coalitions are possible and encourage those coalitions by appealing to those few points the two groups share in common.

HB2266 – Sought to restrict the role of the Indigent Defense System by requiring them to defend indigents who are in custody, meaning a defendant who posts bail so they can return to their job, take care of their children, etc., would not be eligible for representation by the indigent defense system. In the event a district court offered representation for defendants not in jail, HB2266 would have required the local court fund to pay for the cost of representation. This legislation would have required criminal defendants to choose between legal representation and bail (i.e. keeping their job), potentially packing already crowed local jails. Courts would be faced with the choice of breaking their jail or breaking their already taxed court fund. HB2266 would have also exempted the state from providing a rap sheet, date of birth, or social security number of any witness who is currently certified as a law enforcement officer when responding to a disclosure request from the defense in a trial.

HJR1080 – Proposed to transfer all duties and powers of the Pardon and Parole Board to the Department of Corrections.

Progressive Bills Stalled

SB2263 – Sought to exempt those convicted of public urination from registration under the Oklahoma Sex Offenders Registration Act.

SB2200 – Sought to expunge nonviolent felonies from a person’s criminal record if the person did not commit a crime for 10 years.

HB3321 – Sought to address consensual text messages between minors by offering reduced penalties instead of applying the same penalties for adult offenders.

SB2208 – Sought to create an Oklahoma Commission on Wrongful Conviction charged with identifying the systemic causes of wrongful convictions and identifying policies and procedures demonstrated to minimize the likelihood of wrongful convictions.

• Progressive Setbacks by Passage into Law

HB2331 - Requires law enforcement to verify insurance coverage during a traffic stop or accident investigation, and if unconfirmed, authorizes the officer to issue a citation and to seize the vehicle.

HB2968 - Amends the Sex Offenders Registration Act by adding that a mappable address and zip code must accompany the registration of where the offender is currently residing. Also adds ‘property or camp site used by an organization whose primary purpose is working with children’ to places where a registered sex offender may not reside within a 2000-foot radius. This is one of several measures legislators considered this session targeted at homeless sex offenders.

Civil Rights

· Progressive Bills Stalled

HB2339 – Sought to extend domestic partner benefits to state employees.

SB2131 – Sought to require institutions within the Oklahoma State System of Higher Education to consider and maintain plans and goals for ensuring equitable cultural and ethnic inclusion when reductions in faculty and staff are required.

HB2309 - Sought to include sexual orientation in the class of people legally protected from malicious actor harassment.

Government Transparency & Accountability

Republicans consistently voted down attempts to expand transparency in government, including using procedural tactics to defeat an amendment removing the legislature’s exemption from the Open Records Act. On the issue of transparency, Progressives and the press were natural allies. Even the editorial pages of publishers typically characterized as friends of conservatives voiced their opposition to Republican efforts to close the doors of power.

· Progressive Victories by Defeat of Bills

SB1753- Would have exempted public employees’ dates of birth from the Open Records Act.

SB481- Limit the amount of information county assessors have access to.

HB3155- Would have given District Attorneys the authority to decide whether or not autopsy reports are made public.

SB2008- Would have replaced the Attorney General with the legislative leadership as the party responsible for writing ballot titles and explanations. This blatant power grab was an attempt to further politicize the ballot.[3] SB2008 was vetoed.

• Progressive Victories

HB3422- Oklahoma’s tax code is riddled with dozens of tax credits. As the legislature began to consider the possibility of modifying those credits to recoup billions in lost revenue, the question became one of effectiveness. Is this tax credit serving its purpose? In some cases it is difficult to determine whether the credit is effective because it is not entirely clear who is receiving the credit. HB3422 will require the Office of State Finance to publish the identities of those claiming state tax credits, and to include the identity of all taxpayers or organizations having any part in the chain of custody or claim to the credit at any time during the credit’s existence from the initial claim of the credit, through the time the credit is claimed on a tax return.

· Progressive Bills Stalled

SB1671 – Sought to create a felony and fines for any member of the Legislature who knowingly has a personal or private interest with the intent of realizing a gain in any measure or bill, proposed or pending before the Legislature, and who does not disclose such fact to the House of which he or she is a member.

SB847 - States that no Member of the Legislature can receive any compensation or reimbursement from any person for personally engaging in lobbying for a period of two years after the member’s term of office has expired, nor can any member be eligible to register as a lobbyist during such time period.

Immigration

· Progressive Victories by Defeat of Bills

HB3384 – A clearly unconstitutional measure was one that would have created the Quality of Education Assessment for Oklahoma Citizens Act of 2010. Under the act every elementary and secondary school would have been required to determine if students enrolling were born outside the jurisdiction of the United States and if they qualify for an English as a Second Language remedial program.

HB3341 - Illegal Immigration Act - Would have prohibited non-citizens and undocumented immigrants from possessing any kind of firearm or being in a vehicle or living in a residence where there is any kind of dangerous or deadly firearm. Persons who have been issued a concealed handgun license and intentionally allow an illegal alien to possess or have control of a handgun will be charged with a felony and subject to a fine and revocation of their handgun license.

HB2674 – Sought to create the Official English Language Implementation Act declaring English as the official language in Oklahoma. The state would be required to preserve and enhance the role of English as the official language. Provided that requiring a private employer to permit the use of a language other than English on the job or sanctioning a private employer for requiring the use of English on the job shall be presumed to diminish or ignore the role of English as the official language of Oklahoma. Bilingual or bicultural education programs which maintain a student in a language other than English shall be presumed to diminish or ignore the role of English as the official language of Oklahoma. Despite the defeat of this legislation, Oklahoma voters will still decide on a state question this November that would declare English as the official language of Oklahoma.[4]

Voter’s Rights

· Progressive Bills Stalled

HB1350 – Sought to clarify qualifications of voters to allow those convicted of a felony to be allowed to vote once their sentence, including incarceration, parole or probation is completed. The measure allows a convicted felon to be eligible to vote if a court issues a deferred sentence, provided all other requirements are met.

SB1608 – Sought to clarify when a convicted felon could reclaim their right to vote. Opponents of the measure claimed the existing law was clear enough, but when pressed they could not agree on what the law requires of felons upon release.

· Progressive Setbacks by Passage into Law

SB1921 – This is a setback only insofar as it legitimizes the baseless claims of widespread voter fraud. SB1921 increases the maximum punishment for felony and misdemeanor violations of the election code, increasing felony punishments from a fine of $5,000 to $50,000 and from two years to five years imprisonment. It increases misdemeanor punishments from a fine of $1,000 to $10,000.

Workers’ Rights

· Progressive Victories by Defeat of Bills

HB2554- Would have amended the Municipal Employee Bargaining Act by eliminating certification procedures for employee organizations that represent municipal employees in collective bargaining without an election actually being held.

SB2052- Sought to limit the state’s health maintenance organization offering to one, statewide HMO plan, and would have reduced the amount of health insurance benefits available for state workers and their families. SB2052 was vetoed.

Guns

· Progressive Victories by Defeat of Bills

Bills regarding the right to bear arms cropped up all during session, and efforts to allow open-carry (HB3354) or exempt Oklahoma from the federal regulations of firearms, firearms accessories and ammunition (HB2994 & SB1685) were soundly defeated by strong Democratic opposition who united to successfully sustain the governor’s veto.

Other attempts, such as asserting that Oklahoma citizens are not required to participate in any international, state or federal firearms registration program or be subject to confiscation (HB3157) or to allow concealed weapons on technology center school district property (SB2230) were stalled this session.

Marriage

· Progressive Victories by Defeat of Bills

HB2543 – Would have required that in all actions for divorce the parties seeking divorce must, before filing the petition, receive one hour of counseling from a licensed therapist or a faith-based counselor.

HB2634 – Would have abolished common law marriage, created covenant marriage, and required premarital counseling.

HB1053 - Attempted to change how military pension is regarded in divorce from “property” to “alimony”, which would allow the state to favor one class of citizens (military service members and retirees) over another class of person (military spouses), which is a move no other state in the nation has taken.

HB2279 – Would have forbidden a divorce being granted on the grounds of irreconcilable differences if the wife is pregnant or there are minor children involved. However, the judge may grant divorce under those circumstances if either party files a written objection to the divorce and the parties live apart for two years, or both parties agree to the divorce and the parties live apart for one year. Seriously. This was a bill.

Child Welfare

· Progressive Victories

Approved by Governor: HB1741 authorizes each district court to establish a family drug court for the purpose of treating children adjudicated as deprived and their families in cases where the parent has a substance abuse disorder.

Consumer Rights/Protection

· Progressive Victories

Approved by Governor: SB2180 requires roofers to be licensed and carry liability insurance. Given Oklahoma’s predisposition to tornadoes and now hail storms, citizens need to be protected from shoddy, fly-by-night home-repair companies.

Vetoed: SB1903 sought to deregulate the home service warranty industry in Oklahoma, and would have eliminated the State Insurance Department’s oversight authority.

Energy & the Environment

· Progressive Bills Stalled

HB2916 sought to create the “Oklahoma Beverage Container Recycling Act” which would require every deposit beverage distributor to pay the Oklahoma Tax Commission a deposit of five cents on each deposit beverage container manufactured in or imported into the state.

HB3028 is a shout out to the oil and gas industry disguised as a renewable energy bill. Its proposals demonstrate, at best, a lackluster commitment to renewable energy. HB3028 establishes a voluntary goal of increasing the installed capacity of electricity generated from renewable sources to 15% by the year 2015. It then goes on to declare that a nonrenewable fuel, natural gas, is the preferred choice for generating electricity.

Reproductive Rights

Oklahoma has become a battleground for reproductive freedom. Anti-choice activists have a sympathetic legislature that has proven time and again it will approve anything branded “pro-life” regardless of how hateful, demeaning, unconstitutional, or inefficacious it may be. Small bands of pro-choice legislators in the House and Senate admirably fight these bills, only to find themselves in a shrinking minority. Governor Brad Henry, who has vetoed some of the most severe anti-choice legislation in past sessions, vetoed several measures in the 2010 session, but Democrats and Republicans joined together to override his veto on every anti-choice bill but one (in that instance the legislative session came to an end before an override attempt could be provided).

· Progressive Victories by Defeat of Bill

· Vetoed: HB3290 – Sought to prohibit all qualified health programs offered both through the state exchange and outside the state exchange but operating from within the state from including elective abortion coverage. Women would be required to purchase a separate elective abortion rider for their health insurance. Not that many women purchasing health insurance would pay extra for elective abortion coverage, a search of providers in Oklahoma found that these riders are not even available for purchase. Women who experience complications during a pregnancy, leading to the termination of the pregnancy, would have been required to pay out of their own pockets unless they purchased optional coverage for an elective abortion.

· Progressive Setbacks

Veto Overridden: HB3284 requires physicians who perform abortions to require their patients to answer a lengthy and invasive questionnaire and submit the information to the Oklahoma State Department of Health. This law is the subject of a legal challenge.

Veto Overridden: HB2780 - This legislation has been accurately portrayed as the most despicable anti-choice legislation in the nation. HB2780 requires an obstetric ultrasound at least one hour prior to an abortion and requires the physician to display the image to the woman and explain to the woman what she is looking at. The woman may avert her eyes. This affront to women and the doctor-patient relationship is the subject of a legal challenge spearheaded by the Center for Reproductive Rights. On July 19th an Oklahoma County District Court Judge continued an order preventing the law from going into effect.

Veto Overridden: HB2656 - Prohibits a civil cause of action for wrongful life. No plaintiff may recover damages for any condition that existed at the time of the child’s birth if the claim is that the defendant's act or omission contributed to the mother not having an abortion. The result is that now physicians can lie to their patients about the health of their fetus without any liability.

Approved by Governor: SB1902 created a new law making it illegal for a person to provide or administer RU-486 for the purpose of inducing an abortion unless the person is a qualified physician.

Tax and Budget

Progressive Victories

Vetoed by the Governor. SB1589 - In the waning days of a legislative session mired in budget woes, the telecom lobby passed a sweetheart tax break through both chambers only to find their deal killed by a veto. SB1589 would have reduced the ad valorem rate on all new telecommunications property from 23% to 12%.

Vetoed by the Governor. SB2163 - Part of the tort reform package passed in 2009 included a promise to create the Health Care Indemnity Fund, which is supposed to act a type of supplemental malpractice insurance policy for Oklahoma doctors. Oklahoma’s new tort reform statutes cap non-economic damages at $400,000, but if certain conditions are met a jury can exceed that cap. However, any jury award over that amount does not come from the doctor personally or from the doctor’s insurance provider. Instead, the excess would be paid out by the Health Care Indemnity Fund that would be funded exclusively by tax dollars. SB2163 was the legislative vehicle that would have established that fund and allowed the state to begin to accept bids from indemnity policy providers. The fund is estimated to require $20 million in state appropriations. It is also important to note that the newly created caps on non-economic damages do not go into effect until the fund is established.

· Progressive Setbacks

HB2432 - The budget agreement between Republican legislative leadership and the Governor originally included a measure to provide a moratorium on Gross Production Tax rebates for horizontal & deep well drilling. The measure that actually passed instead is a two year deferral on the rebates, after which the rebates must be repaid over a 36 month period. If revenue shortfalls prevent a timely payment, the state will be assessed a 9% penalty interest rate to accrue for each day that a required payment is not made by the end of the month for which payment is required. Also in the fine print of this bill was a change which created an additional boon to oil and gas companies, who will for their hardship now benefit from the elimination of the project payback period, which previously was restricted to 24 months in which rebates could be claimed from the initial production date. Given this elimination, an additional $13 million dollars is projected to be squandered in state revenue beginning in fiscal year 2015 and beyond.

· Progressive Legislation Stalled

HB2796- Would have called for a revised estimate of expected revenues to be prepared and sent within 30 days to the governor and both houses of the legislature, whenever a revenue shortfall is declared by the director of the Office of State Finance, or when that office reduces agency funding due to a shortfall. The requirement would apply whenever such a revenue shortfall occurs prior to the last day of the tenth month of a fiscal year. It doesn’t make sense to wait until halfway through the fiscal year to begin thinking about budget adjustments if new information is available indicating revenue problems ahead. The longer we wait to make needed cuts, the more drastic and painful the effects of those cuts tend to be.

Health Care

· Progressive Victories

HB2437- Creates the Health Carrier Access Payment Revolving Fund. The fund calls for a 1 percent access payment to be paid by health insurance providers on claims until January 1, 2015. The revenue raised by these payments will be used by the Oklahoma Health Care Authority to leverage federal matching funds available to the state. It is projected to bring in $78 million in additional health care revenue over the coming year. Oklahoma’s Democratic Insurance Commissioner, Kim Holland, recently announced her intention to challenge these fees in court, claiming they are an unconstitutional tax increase.

SB1251- Prohibits health benefit plans from justifying a decision denying coverage, refusing to renew, or canceling a person’s health benefit plan on the basis that the customer was a victim of domestic abuse. Under SB1251, domestic abuse can no longer be considered a preexisting condition.

· Progressive Victories by Defeat of Bill

HB2544- would have required medical providers to collect a copayment in the amount of five dollars from patients who are on Medicaid. The bill’s proponents said it would make the Medicaid patients feel good to pay the copay.

HB1574- sought to expand the list of people who can ask a court to civilly commit an individual. Under current law, only an immediate family member or a guardian over the age of 18 can ask a court to determine whether a person is a danger to themselves or others and in need of treatment. HB1574 would have granted this authority to anyone who has a close personal relationship with the individual.

· Progressive Bills Stalled

HB3238 would have specified that Health Savings Account funds may be used to cover any medically necessary procedure, including bariatric surgery.

HB2688 sought to require mammography coverage to any female under thirty-five years of age, provided that the treating physician prescribes the screening because of physical findings or a genetic predisposition to breast cancer.

SB1269 sought to require state-regulated insurance plans to cover treatments for autism.

SB1294 sought to prohibit health insurance companies from paying bonuses for denying care or establishing cancellation quotas.

SB1302 sought to prohibit hospitals from charging for care when a patient is readmitted and the readmission was preventable.

SB1306 sought to limit hospital charges if there is a significant difference in the health outcomes of insured and uninsured patients.

SB1310 sought to prohibit emergency departments from charging more for procedures than they would cost in a nonemergency setting.

SB1353 sought to require health insurance companies to spend at least 85 cents of every dollar on care or modify premiums.

SB1300 sought to prohibit pharmacies from charging a copayment for prescription drugs that is greater than the cash value of the prescription drug.

· Progressive Setbacks

In keeping with their strategy of not adding anything productive to the health care reform dialogue and in the run up to campaign season, Republican legislators offered a slew of anti-federal health care reform proposals. Republican primaries have watched legislators tripping over themselves to say they are more against President Obama’s health care reform than their opponent. We can only expect more of the same as we head into November. But just in case candidates don’t talk about President Obama or health care on their own, legislators placed a question on the November ballot asking the people of Oklahoma to authorize the legislature to hire lawyers and sue the federal government. In the state where President Obama recorded his worst electoral performance, these gimmicks are sure to be helpful at the polls, but in terms of policy, they were nothing more than an ostentatious waste of time and resources that were unfortunately legitimized by Democrats as well as Republicans voting in yes in lopsided majorities.

Vetoed by the Governor. HJR1054 sought to opt out of the Patient Protection and Affordable Care Act and to authorize the President Pro Tempore and the Speaker to employ legal counsel to file a lawsuit against Congress, the President and the U.S. Secretary of the Human Services.

Filed with Secretary of State. SCR64 authorizes the President Pro Tempore of the Senate and the Speaker of the House of Representatives to employ legal counsel to file a lawsuit against the federal government to prevent the provisions of the PPACA from taking effect.

Filed with Secretary of State. SJR59 brings to a vote of the people on this November’s ballot a constitutional amendment to prohibit a law or rule from compelling any person, employer, or health care provider to participate in any health care system.

Public Health & Safety

· Progressive Victories

Approved by Governor:

HB1888 – To improve ambulance coverage in rural Oklahoma, this measure requires each county with a population of 500,000 people or less to present an emergency medical services plan to the Oklahoma Department of Health by April 1, 2011. The legislation also creates a petition process to allow registered voters to create an ambulance service district in their counties. The legislation requires licensed ambulance services in the licensed area to respond to all emergency calls, regardless of the patient’s ability to pay. This ensures that individuals who may not be able to pay for the service are helped in an emergency.

SB1908 - Prohibits any driver operating under a learner’s permit or an intermediate driver’s license (class D) from using a hand held electronic device to talk or text when the car is in motion. It is important to note that efforts to expand prohibitions on texting to all licensed drivers were stalled.

HB2957 - Prohibits public transit drivers from using a cellular phone or electronic communication device to write, send, or read a text-based communication while the vehicle is in motion.

SB1715 - Oklahoma has the ignoble distinction of being home to large number of puppy mill operators. For years a bipartisan group of legislators have fought the puppy breeding lobby to bring regulation and licensing requirements to the industry in hopes of cracking down on deplorable conditions these animals are forced to live in. SB1715 is far from perfect and its provisions have been substantially weakened in order to ensure passage, but it is a step in the right direction. SB1715 creates the Commercial Pet Breeders Act to be administered by the newly created Board of Commercial Pet Breeders acting under the authority of the State Board of Veterinary Medical Examiners. The board is charged with enforcing the new licensing procedures, training and qualifications for inspectors, standards of care for animals, and procedures for sale of animals. Procedures include prohibiting marketing in retail, public, or private parking lots and that a health certificate from a licensed veterinarian must accompany each sale. The board is required to maintain a website listing the commercial pet breeders licensed in Oklahoma and those commercial pet breeders whose licenses have been denied or revoked. Commercial breeders are defined as entities that have eleven or more female animals for breeding dogs or cats for sale. The board is required to annually inspect each facility of licensed breeders.

HB3021 – Requires landlords to notify prospective tenants if a rental unit or any part of the premises was used in the production of methamphetamine.

HB2774 - Existing law required restaurants that wanted to offer a smoking section to build a specially designated smoking room, which must conform to certain ventilation and separation requirements. HB2774 authorizes the State Department of Health to offer a rebate to those restaurants that built separate smoking rooms because of this requirement, if the restaurant becomes totally nonsmoking.

Workers’ Compensation

· Progressive Setbacks by Passage into Law

HB2650 – Prohibits continuing medical maintenance from being awarded unless recommended by the treating doctor or there is clear and convincing evidence to the contrary. Ends pay for permanent total disability cases once the employee reaches the age of 100 percent Social Security retirement or for a period of fifteen years, whichever is longer. Decreases the payment for permanent partial disability for loss of digits, limbs, sight, or hearing, permanent disfigurement, hernia, and soft tissue injuries – to not more than $323 per week.

HB2652 - Requires the advice and consent of the Senate for gubernatorial nominations to the Oklahoma Workers’ Compensation Court. If the Senate fails to confirm within 90 days, the Governor is authorized to select from the two remaining nominees or request additional nominees from the Judicial Nominating Commission. Supreme Court appointments will also require the approval of the Senate.

Education

· Progressive Bills Stalled

SB1381 – Would have required sex education curricula and materials to be medically accurate.

· Progressive Setbacks by Passage into Law

HB3393 – Establishes the Lindsey Nichole Henry Scholarship for Students with Disabilities Program. Provides a scholarship to a private school of choice for students with disabilities who have had an individualized education program developed in accordance with the Individuals with Disabilities Education Act.

HB2321 - Allows school districts to teach non-religious courses about the Bible. This class is right after the one where they teach a non-Nascar class about Dale Earnhardt.

HB3029 - Eases several mandates on school districts and the state for two fiscal years. School districts may spend textbook allocations, professional development funds and library media program funds for school operations. Suspends the National Board certification payment of $5,000 for any teachers obtaining certification during those two years.

SB509 - Allows school districts with more than 30,000 average daily membership the option to release teachers from permanent positions at schools identified for school improvement for four consecutive years and employ the teachers as substitutes for two years.

SB2330 - Gives districts the authority to waive certain mandates if they have an approved empowerment plan with the State Department of Education.

^{^[1]} Oklahoma Policy Institute, Budget Overview: Trends and Outlook (July, 2010), http://www.okpolicy.org/fy-10-fy-11budget-information.

[2] State’s Budget Deficit Biggest http://www.tulsaworld.com/news/article.aspx?subjectid=16&articleid=20091220_16_A1_Onlyaf274401

^{^[3]} Eleven state questions proposed for Nov. 2 ballot http://www.okpress.com/Websites/okpress/Files/Content/1335897/2010StateQuestions.pdf

[4] Enrolled HJR1042 which created State Question 751, to declare English as the official language of Oklahoma https://www.sos.ok.gov/documents/questions/751.pdf?4,7

Public employees’ association decries Corrections furloughs

Wed, 11 Aug 2010 21:28:00 GMT

CapitolBeatOK Staff Report

Published: 07-Aug-2010

The Oklahoma Department of Corrections (DOC) is furloughing all of its employees one day a month; however that number could increase if additional funding is not made available when the legislature returns in February. This news was circulated in an OPEA “blog” posting today.

Because of the reduced state budget DOC has implemented a furlough policy that is affecting its employees. Sheri Friend, an employee at the John Lilley Correctional Center in Boley said, “My husband and I both work for DOC and the furloughs are a double impact at our house. If the furloughs continue we may be faced with finding part time jobs to make up the loss of income.”

Friend said, “We are cutting back on extra items and conserving where we can.”

Tonya Jones, a Security employee at Lilley said, “I can’t buy gas to come to work and I only live two miles from my job.”

“The Oklahoma Public Employees Association is calling on legislative leaders to come to an agreement now about a supplemental. This would allow Director Jones to stop the furloughs which are crushing the morale of our public safety employees,” Sterling Zearley, Executive Director of OPEA said.

“We are at a critical time right now, the temperatures are rising, prisons are full, and employees are working short staffed and now to add the furloughs on top of it, we could be in for a very bad situation,” Zearley added.

Zearley asserts DOC staffing levels are around 68 percent. “Add in the furloughs and mandatory overtime and employees are being overwhelmed,” Zearley said. “Legislative leadership needs to take action now as the situation is really out of hand.”

Phillip Bennett, a DOC employee recently wrote OPEA with this information; “Due to recent furloughs within the Department I have not been able to meet my monthly financial obligations. I am currently seeking a part time job to compensate for my decreased salary. I love serving the people of Oklahoma; however, continued cuts in salary and benefits will make it financially impossible to continue my employment with the state.”

Zearley said the DOC’s budget is about $40 million short for this fiscal year. Tge agency has said that an additional $13.8 million would stop the furloughs at state prisons.

Joyner hopes to see commuter rail in state’s future

Thu, 12 Aug 2010 00:59:00 GMT

CapitolBeatOK Staff Report

Published: 07-Aug-2010

Oklahoma could have a commuter rail transportation system to get people to and from work and ease travel, if state Rep. Charlie Joyner gets his way. In a release sent to CapitolBeatOK, Joyner said he is working to make that a possibility.

Joyner met with representatives from Trinity Railroad Express, Burlington Northern, Santa Fe Railroad, Amtrak and Dallas Area Rapid Transit this week in Fort Worth to discuss the possibility of getting a commuter rail system in Oklahoma. He discussed, he said, projected costs and pros and cons.

Joyner said currently Oklahoma has been a donor state contributing to other states’ rail systems through the federal motor fuel tax.

“Out of every dollar generated from the federal fuel tax, 85 cents goes to us and 15 cents goes to other states’ rail passenger services,” said Joyner, a Midwest City Republican. “We could be using that 15 cents in our state towards a rail passenger system here.”

Dave Herbert, appointed by Gov. Brad Henry as Oklahoma’s liaison for passenger rail systems, asserted his belief that about half of the cost of equipment and operation would be covered by Federal government dollars through subsidies and grants.

“The cities on the rail system have taxed themselves a half-cent sales tax to be part of the system. The Trinity Rail Express is a Regional Transportation system formed by the many cities and communities around Dallas and Ft. Worth. Some cities have already taxed themselves and are about five years from being fully operational. This shows the enthusiasm of the cities to be part of the system,” said Herbert.

Joyner carried legislation last session to allow Oklahoma cities and counties to come together and form transportation authorities to be responsible for construction, maintenance, and operation of a transportation system that can include a turnpike, transit or railway system. This will allow transportation authorities to decide on what transportation projects they feel will benefit their areas.

“The first thing you have to understand about moving people — it doesn’t make a profit. It’s a quality of life issue. You can’t run a railroad like business because it deals with quality of life,” said Bill Farquar with the Trinity Rail Express. “It brings higher standards and quality of life to cities and towns because they want to be a part of a commuter rail system.”

Joyner added his belief that, “It also will attract new businesses and citizens to Oklahoma, which will help the economy, lower fuel costs on individuals, increase tourism dollars and help the environment, so I think it would be a win-win situation for all. It sells itself.”

Joyner said Oklahomans may get to experience commuter rail here in Oklahoma this winter or spring.

“We have talked about a demonstration train that would consist of four or five Trinity Rail Express cars coming to Oklahoma City, and running from Edmond to Oklahoma City carrying passengers that would normally ride the Edmond bus system to work in downtown Oklahoma City,” said Joyner.

“It would also allow legislators, city and county officials and all Oklahomans to see how a commuter rail system would work in the major cities in Oklahoma. It will give them a chance to experience for themselves what it would be like to have a commuter rail system in Oklahoma; then they can decide if it’s worth it.”

Joyner said many things have to be worked out in order for the demonstration to happen. It will be coordinated by Oklahoma Department of Transportation with approval of all parties involved, including Amtrak, BNSF, and Trinity Rail Express.

Initiative & Referendum Process affirmed, critiqued at historic San Francisco conference & forum

Thu, 12 Aug 2010 00:58:00 GMT

By Patrick B. McGuigan

Published: 07-Aug-2010

The U.S. Conference on Initiative and Referendum, and the 2010 Global Forum that followed, likely resulted in the most substantive multi-partisan (or, as sponsors liked to say, “transpartisan”) gathering of knowledgeable people focused on direct democracy at any one place in modern human history. The San Francisco gathering, which concluded this week, was diverse and bracing in breadth and inclusiveness.

American speakers included conservatives like Grover Norquist of Americans for Tax Reform, Ward Connerly of the American Civil Rights Institute, and John Fund of the Wall Street Journal, libertarians such as Paul Jacob of Citizens in Charge Foundation (a forum co-sponsor) and William Redpath of the Libertarian Party, and progressives/liberals such as Ralph Nader and former Alaska U.S. Sen. Mike Gravel.

Those who gathered were, at the very least, ideologically eclectic. Registered Democrats were roughly 35% of the crowd. Republicans and libertarians combined amounted to barely 20% of attendees, with Greens and independents present in impressive numbers. While Americans constituted three-quarters of the participants, one-fourth of the audience came from other nations.

Jacob's group presented detailed studies during the seminar. Among other findings, Citizens in Charge Foundation documented deep support for the initiative process in every American state, cast doubt on presumptions that monied interests generally get their way in ballot campaigns, and concluded that fraud is relatively rare in petition campaigns.

Other Americans speaking at the conference included two of the nation's leading academic authorities on I&R, Professor John Matsusaka of the University of California's Initiative and Referendum Institute, and Bob Stern of the Center for Governmental Studies. Both were sympathetic to the processes of direct democracy, while recognizing the need for improvements. While a distinct minority among attendees, critics of direct democracy had opportunities to criticize the initiative device, including Michael Salerno of the UC Hastings law faculty.

Fund was a star attraction at the event. He joined a panel of American journalists who analyzed coverage of direct democracy. Much of that discussion wound up focusing on the impact of technological change on American newsrooms, particularly newspapers.

Others on the panel were Dan Morain of the Sacramento Bee, film producer and blogger/journalist/activist Jane Hamsher, media consultant Bettina Inclan and this writer. Joel Fox of Fox & Hounds Daily moderated that session. Paul Elias of the Associated Press, another veteran of I&R news coverage, moderated a panel of initiative activists from across the ideological spectrum.

A personal highlight for this writer came when, at the conclusion of the news media panel, attendees were asked whether they agreed – after listening to discussion and presentation of a thumbnail sketch of poor popular understanding of American political traditions – with the proposition that civics education should be encouraged. Interactive keypad voting led to greater than 90% endorsement of that idea – the highest level of agreement participants gave to any single suggestion in the five days of discussions.

Technicians from the so-called “initiative industry,” like Tim Mooney of Silver Bullet Inc., and Richard Arnold of National Voter Outreach, defended the role of political professionals in the process.

Investigations of emerging technology with potential to broaden the impact of direct democratic governance were among highlights of the proceedings. While California Secretary of State Debra Bowen expressed both concern and hope when it comes to electronic signature-gathering, Jude Barry of Verafirma told CapitolBeatOK, “The terrible irony is that although California is home to Silicon Valley, our state government is slow to embrace new technology even when it’s been successfully used for decades in other industries.”

Bruno Kaufmann of Initiative and Referendum Institute Europe was a major organizer of the last half of the gathering, the “Global Forum.” The San Francisco event was the third such gathering IRI Europe has helped to convene.

Joe Mathews and Kaufmann served as co-presidents of the forum. Mathews is an Irvine senior fellow at the New America Foundation, one of the co-sponsors of the conference and forum. He is a co-author of “California Crackup” and the author of “The People's Machine: Arnold Schwarzenegger and the Rise of Blockbuster Democracy” (2006). Both men spoke frequently and/or moderated panels during the event.

Kaufmann reflected, during the proceedings, that “Direct democracy decides on substantive issues, not on people.” He also observed that the process “empowers people, not governments.” He stressed the difference between plebiscites (or referred measures) presented to voters by governments, and the initiative process, in which citizens drive the process.

Other authorities from around the globe presented detailed power points and/or summaries of scholarly papers, including Prof. David Altman of the University of Santiago (Chile) and Rolf Rauschenbach of the University of Sao Paulo (Brazil). Altman is writing a major analysis of global direct democracy, to be published in 2011.

Long-time advocates of direct democracy from abroad were present, including Andreas Gross of the council of Europe (Social Democrat), who is a member of the Swiss Parliament. Gross was among the strong proponents of pure direct democracy, although he lauded the advantages of Switzerland's system. That approach takes one to two years to unfold from conception to popular vote, and allows for a form of indirect initiative in which members of the Legislature can directly effect development of an initiative idea.

Also addressing the gathering was former U.S. Senator Mike Gravel of Alaska. Gravel has been a long-standing advocate of a national voter initiative process. He delivered one major address at the U.S. Conference on Saturday, then chaired a panel posing the question, “Is America Ready?” His panel included Evan Ravitz of Vote.org, political consultant Mike Arno, Bulgarian direct democracy leader Atanas Slavov, and Michael Freeman of the Transamerican Alliance for a National Consensus.

Gravel ran for the presidency in 2008, critizing both Barack Obama and Hillary Clinton from the Left. Ralph Nader, who has run four times for the presidency, asserts Gravel's “National Initiative for Democracy” is “the most fundamental proposal I have ever seen or read about by any candidate in major party in the United States.”

Gravel, an ardent critic of American foreign policy, details the national initiative as he conceives it in his book “Citizen Power: A Mandate for Change” (Bloomington, Indiana: AuthorHouse, 2008).

The forum concluded with the following statement in support of modern direct democracy, representing a broad consensus among the 88% or so of attendees who support the initiative and referendum processes:

"Greetings from San Francisco and the 2010 Global Forum on Modern Direct Democracy.

“We are from all corners of the world and from all walks of life. Among us are scholars, journalists, activists, petitioners, philanthropists, artists, elected officials, election administrators, non-profit managers, lawyers, businesspeople, and farmers. We are members of dozens of political parties - a truly transpartisan group.

“We have met for five nights and five days to discuss direct democracy at a forum that was free and open to anyone in the world who wished to attend.

“We considered more than 200 ideas, suggestions and principles related to direct democracy that were offered by those in attendance. We debated these ideas. And we measured our opinions on these ideas using advanced polling technology. The ideas and principles that attracted the most support were compiled and then considered by a committee charged with expressing the consensus of our gathering.
“Here is our statement:

“Direct democracy is one important way to bring the people into representative government at all levels -- local, state, national, and transnational. It is a process that works best in places where freedom and human rights are protected. To improve direct democracy, we must continue to learn from each other, bridging boundaries of nationality, ideology and party.

“Having gathered here in San Francisco, we also must note that California's initiative process needs greater attention and perhaps improvement, because the reputation of the state's direct democracy is negatively and unfairly affecting perceptions of direct democracy around the world.

“We agree that three values must be applied to direct democracy everywhere: transparency, open access, and deliberation.

“1. Transparency: At every stage of each direct democratic action, and in every aspect of the initiative and referendum process, citizens have a right to know as much as possible about the people and money behind each measure, so long as individuals are protected against coercion and retribution for their votes and for their signatures.

“2. Open access. Access to the process, especially the qualification of measures for ballots, should be based on measures of substantial popular support -- and should not be dependent on money or on the sanction or approval of public officials or political parties or interest groups.

Technology and other innovations should be fully incorporated into the process consistent with the values of expanding access and ensuring transparency.

“3. Deliberation. A deliberative process that is driven by and managed by citizens themselves should be part of every direct democracy. We believe that the most important factors in deliberation are the ability to hear multiple views from all sides -- and the time to consider each direct democratic measure fully.

“We cannot stress enough the importance of sufficient time to the health of direct democracy. We are concerned that many direct democratic systems, particularly those in the United States, fail to provide the time necessary for thorough deliberation and open access.
“We debated dozens of other ideas on which there was a wide range of opinions. We did not include those ideas in this document, but they may be found on the forum web site.

“We see this statement, the San Francisco Declaration on Direct Democracy, as a first draft of global guidelines for best practices in initiative and referendum. We welcome the suggestions, corrections, and contributions of the world.”

NOTE: We are grateful to photographer Steve Rhodes for his help in coverage of the Global Forum.

Rep. Miller touts progress in government transparency, openness

Wed, 11 Aug 2010 19:49:00 GMT

CapitolBeatOK Staff Report

Published" 06-Aug-2010

In a speech this week at the annual meeting of a group of legislators from across America, state Rep. Ken Miller, the Edmond Republican who has served as chairman of the House Appropriations and Budget Committee, touted Oklahoma’s evolving improvements in government transparency and openness.

Miller’s optimistic analysis was seconded during a conference call today (Friday, August 6) in which CapitolBeatOK participated.

Miller was an invited speaker at the American Legislative Exchange Council’s (ALEC) 37th Annual Meeting, being held in San Diego, California from August 5 – 8. According to a press release sent today to CapitolBeatOK, Miller “shared some of Oklahoma’s successes with making state government more transparent, open and accountable to the taxpayers.”

“Taxpayers not only deserve to know where their money is being spent, they need to know so they can demand greater efficiency” said Miller, who serves as a member of ALEC’s Tax and Fiscal Policy Task Force. “Openness and transparency makes government accountable to the people who fund its operations and that translates into more responsible spending.”

Echoing Miller’s hopeful reading about state progress toward more openness was Bob Williams of the Evergreen Freedom Foundation and Mike Barnhart of SunshineReview.org. In a conference call, the pair pointed to Oklahoma and Missouri as states where progress toward greater disclosure has been made in recent years.

SunshineReview.org gives the state of Oklahoma a grade of B, but counties in the Sooner State are as a group given an “F,” while school districts and municipalities garner “incomplete” marks.

Brian Downs and the staff of Oklahomans for Responsible Government, based in Oklahoma City, will henceforward put great emphasis on transparency issues. In fact, early this summer the group announced it would take a step back from the state legislative process per se to devote energy to educating taxpayers on how all levels of government are operating.

The organization has pledged to recognize individuals and groups working to provide more transparency and foster the “Government 2.0 model” to become a resource for those wanting to improve the connection between government and its citizens.

“Our new focus will enable the taxpayer to see what’s going on,” said Downs. “That goes for cities, counties and school districts as well as the state. All levels of government need to be more open.”

He continued, “OFRG’s mission statement had included improving transparency, accountability and fiscal responsibility in state government. It is our belief that a more open process will result in more responsible spending and citizens holding lawmakers accountable for that spending. OFRG will also continue its fight against State Question 744 on the ballot in November.”

Despite progress at the state level, OFRG and others remain concerned about other levels of Oklahoma government. OFRG was highly critical, in an analysis circulated this spring, of lack of disclosure on municipal websites in the Sooner State. In fact, using the top six criteria of SunshineReview.org in reviewing transparency and openness in government records, OFRG found only 15 of 75 cities studied fully actually met the transparency criteria.

This spring, in an interview focused on the “Government 2.0 conference,” OFRG staff interviewed Sid Burgess of Oklahoma City, organizer of the event aimed at touting transparency and openness.

Burgess reflected, “In Oklahoma, without a doubt, the biggest missing piece is transparency. More governments and agencies need to consider this part of their primary mission. Informing citizens of what you are doing, why you are doing it, and how much it will cost is a cornerstone function in a representative government. However, having your documents easily accessible is only the first step. As they should, information often prompts conversation and questions. Government must therefore be ready and available to address that.”

Burgess said he is a fan of online information offered by the City of Manor, Texas, which “offers a good deal of information online but then follows up with website dedicated to getting feedback and ideas from citizens. If you are going to make the effort to educate your citizens, make the effort to get and listen to their feedback. Each government needs to take a hard look at how they are leveraging technology to make themselves more open, accessible, and efficient.”

Burgess said, “Oklahoma is really near the front of the pack at the state level. Thanks to some of the recent legislation, Oklahoma has been starting to make the news nationally in how we are using state policy to enact some real Gov 2.0 ideas. Certainly some states are farther ahead in applying some of these concepts but Oklahomans should be proud that we are quickly catching up.”

This week’s upbeat assessment from Rep. Miller came at the ALEC gathering, where nearly 1,500 state legislators, policy experts, and private-sector leaders from across the U.S. attended three days of intensive discussions on the critical issues facing the states and the nation.

ALEC characterizes itself as advocating “common sense, free markets, and federalism.” The San Diego sessions continuing through Sunday (August 8) feature Gov. Rick Perry of Texas; former U.S. Sen. Norm Coleman (R-MN); Randall Stephenson, President and CEO of AT&T; Greg Babe, President and CEO of Bayer Corporation; John Fund, columnist at The Wall Street Journal; Scott Rasmussen, President of Rasmussen Reports; Ed Royce, Representative from California; Lynn Salo, VP Allergan Medical US Breast Aesthetics Division; and Cal Thomas, syndicated columnist.

ALEC works through nine Task Forces, which include Health and Human Services; Energy, Environment, and Agriculture; Education; Tax and Fiscal Policy; Public Safety and Elections; Civil Justice; Commerce, Insurance, and Economic Development; Telecommunications and Information Technology; and International Relations. Each year, state legislatures consider close to 1,000 bills that are based, at least in part, on ALEC Model Legislation. Hundreds of these bills are enacted every year.

NOTE: Editor Patrick B. McGuigan contributed to this report.

Budget guru warns of federal stimulus spending and 'an end to federalism'

Wed, 11 Aug 2010 19:49:00 GMT

By Patrick B. McGuigan

Published: 06-Aug-2010

Bob Williams, the President and spokesman of StateBudgetSolutions.com, today warned policy analysts and members of the news media, including CapitolBeatOK, about what he considers grave impacts in the pending federal bailout of state governments.

Concerning the proposed expansion of federal debt to finance the state “bailout,” Williams told a Friday (August 6) conference call, “The extension of federal stimulus funds is really ‘nicotine’ for state governments, “it leads to short-term, higher state level government spending that states can not sustain or maintain and will result in a painful withdrawal when after the stimulus expires early next year.”

House Speaker Nancy Pelosi intends to call Congress back into a special session next week to approve a new wave of $26 billion in federal “stimulus” funds to the states.

The maneuvering to expedite action on the new stimulus spending comes as analysts note two trends in fiscal pronouncements from state and federal officials. On the one hand, members of the National Governors Association are overstating gaps in general revenue streams. On the other hand, Williams and others contend, officials are generally understating the challenges facing state and local government pension funds.

Williams and other analysts are pointing to the efficacy of actions taken recently in Utah to address unsustainable debt in pension and retirement plans, but those issues are not getting as much attention as the drive to sustain or augment state spending through increased federal debt.

Concerning cash infusions to sustain recurring expenses or to preserve government jobs, Williams stressed his concerns. “More nicotine (stimulus funds) that states take from the federal government will lead to cash-strapped states being held hostage to the federal government,” Williams predicted. He asserted the result will be “an end to federalism.”

Williams noted, “California is now receiving more money from the federal government than from all state tax streams.” At a time political leaders are referring to economic recovery scenarios, the Government Accounting Office, Williams said, is estimating that state and local governments will not “recover” until 2060. In any case, both Williams and the governor’s association estimate, government revenues will trail any private sector recovery by at least two years.

Williams delivered his sober warning in the wake of last week’s National Conference of State Legislatures (NCSL) and during the American Legislative Exchange Council (ALEC) annual meeting in San Diego. Williams is a featured speaker at the ALEC gathering, which wraps up this weekend.

While NCSL leaders were pressing for increased federal revenue at their gathering, and gaining a sympathetic ear from Obama administration officials, ALEC members generally were advocating a freer private market and new limits on government spending and debt.

“Legislators at these conferences don’t realize their states have been borrowing money behind their backs to pay for these unfunded obligations, including unemployment funds and state employee healthcare and pension deficits and when states get low on general funds, they shift funds around and seek federal stimulus funds,” Williams told journalists on the conference call.

Repeating his concerns about a potential “end to federalism,” Williams also said there appears to be a pattern of punitive federal actions or threats of action aimed at southern states, most recently and clearly touching Texas. This week, U.S. Rep. Mary Fallin, the Republican candidate for governor of Oklahoma, said she opposed the Obama administration’s new “bailout” despite its inclusion of as much as $300 million in new “stimulus” money.

Fallin said, “"the liberal leadership in the House has the votes to ram this measure down our throats regardless of my opposition and the opposition of other conservatives in Congress. That's why I am staying here in Oklahoma next week and continuing to talk to voters about my campaign and my mission: to restore principled, conservative leadership to the governor's office."

Oklahoma Superintendent of Public Instruction Sandy Garrett said the federal infusion is needed, but other members of the state’s congressional delegation echoed Rep. Fallin’s viewpoint.

As detailed in a chronology Williams provided after the conference call, “The Senate voted on Thursday to approve a state aid package that provides the states with $26 billion, $10 billion to retain teachers who would be subject to cutbacks, and an additional $16 billion to help states close their budget deficits. Pelosi said that she would bring back members of the House next week to approve the aid package. The House will likely reconvene on August 10.”

Williams’ recounting of recent events continued, “The federal stimulus funds … will increase state budget problems next year when this additional federal aid ends. The approved measure only provides funding through the first six months of 2011. When that six months ends, state spending will be $26.1 billion higher, but the states will have $26.1 billion less to spend. States do not have the funds to plug the hole left by the expiration of the federal funds. In the end, the short-term fix by Congress will increase the states’ long term fiscal deficits.”

Williams concluded his analysis, “The stimulus includes spending $10 billion to save 160,000 teachers doesn’t add up. The U.S. Education Department estimates that the education fund would preserve the jobs of about 160,000 teachers and other educators. That works out to be $62,500 for every teacher position saved, while the National Education Association (NEA), states that the national average teacher salary in 2008-09 was $54,319, and the average starting salary is $34,935.”

National press reports have predicted the new wave of stimulus money will pass Congress. President Barack Obama has said he will sign the bill.

California’s vote approving shift to 'top two' provokes scrutiny

Tue, 10 Aug 2010 21:38:00 GMT

CapitolBeatOK Staff Report

Published: 05-Aug-2010

Popular passage of a “Top Two” referendum in California is provoking nationwide scrutiny, some quite critical. In conjunction with the June 8 primary ballot in America’s most populated state, voters approved a referred measure (placed on the ballot by the Legislature) that will spark, beginning in 2011, dramatic change in that state’s system for electing government officials.

The Thicket, a blog affiliated with the National Conference of State Legislatures (NCSL), summarized the pre-June system this way:

“Under the current, partially closed primary system, separate ballots are prepared for each political party. Voters select candidates from their own party's ballot, and the winning candidates are nominated onto the general election ballot. Parties determine whether unaffiliated voters may participate in their primary contests.”

The analysis by Tom Intorcio continued, “In a top two primary, all candidates, regardless of their party affiliation, appear on a single, consolidated ballot. Candidates have the option to add their party "preference" to their name on the ballot, or may decline to state a party preference. Voters may then vote for any candidate, regardless of the voter's and candidate's political party affiliation. The two candidates receiving the most votes advance to the general election. Unlike Washington's version, the new California law does not allow any write-in votes. Partially closed primaries will continue for presidential candidates and party organization offices.”

Implications of the change in California, where policy developments often impact political thinking elsewhere, are thought-provoking. As Intorcio wrote:

“In strongly Democratic or Republican districts, two candidates from the same party are likely to face off in the general election. In this way, the top two actually operates very differently from a primary to determine which candidate will represent a political party for a given office in the general election. Opponents argue that the top two is more analogous to a general election than a primary because the parties are effectively removed from being able to nominate their standard bearers. Moreover, the general election operates much like a runoff — again, often between two candidates of the same party.”

The proposal gained multi-partisan opposition. In addition to small party representatives, many leading conservatives – joined by liberal U.S. House Speaker Nancy Pelosi, a California Democrat – opposed the “top two” proposal.

While the top two system might seem unlikely to catch on in Oklahoma, the state’s prevailing policies making it difficult or impossible for political parties other than the “Big Two” to gain ballot status point to the state’s underlying legal bias against multi-party elections.

A leading opponent of the Top Two system is Christina Tobin, CEO and founder of the Free and Equal Elections Foundation. Tobin is the California Libertarian Party nominee for Secretary of State.

Her group was a co-sponsor of the Global Forum on Modern Direct Democracy, which ended this week in San Francisco.

Tobin is affiliated with a cause known as “Stop Top Two” and is taking her message nationwide, Tobin told the forum. Tobin said, "StopTopTwo.org will be taking a new direction in California and will expand efforts against the spread of this bad reform to other states. The idea of the Top Two election system is already spreading quickly across the country and StopTopTwo.org is stepping up to the challenge of facing a national audience that deserves to be educated about this limited election system. StopTopTwo.org will take what has been happening in California and will share it nationwide in an effort to defend voter rights."

Leading up to the June 8 election, StopTopTwo.org was a comprehensive resource for information on Proposition 14, focused on voter education focused on what the group considers the dangers and flaws of a Top Two election system. Tobin urged voters to oppose Proposition 14. She said her StopTopTwo.org website is in the process of transitioning to the new focus of educating voters across the country about Top Two election systems.

Within weeks of the June election, public polls showed Proposition 14 would pass with 60% of the vote but, Tobin argues, the 53.7% final percentage showed that momentum had shifted toward a no vote. In an interesting twist to the election returns, Tobin says that results in several counties indicate that Proposition 14 was defeated by voters who went to the polls on Election Day, while it often carried among early voters.

“Early mail-in ballots were influenced by the millions spent by special interests in favor of Proposition 14,” Tobin said. The early ballots were also mailed before the news media did much reporting focused on what she called “the potential downfalls of the Top Two system.”

"We almost overcame being outspent by Governor Schwarzenegger and his rich friends 50 to 1," Tobin said. "The vote didn't turn out like we wanted, but this is hardly the end of our efforts in opposition of the Top Two system. StopTopTwo.org is not going to let up fighting against bad election laws."

Tobin continued, "We agree with the voters of California who are desperate for real changes and were willing to grasp at Proposition 14 before they learned more about it. Through these lawsuits and further outreach efforts, StopTopTwo.org will show the voters in California that there are better reforms than this."

Free & Equal describes itself as a nonpartisan, nonprofit, public-policy advocacy organization dedicated to protecting the rights of the politically marginalized and disenfranchised, particularly those of third party and Independent candidates.”

NOTE: Editor Patrick B. McGuigan contributed to this report.

Electronic signature gathering sparks scrutiny, discussion at I&R forum

Wed, 11 Aug 2010 19:50:00 GMT

By Patrick B. McGuigan

Published: 05-Aug-2010

At the Global Forum on Modern Direct Democracy in San Francisco over the past week, Jude Barry, co-founder of Verafirma, was understandably most interested in California Secretary of State Debra Bowen’s comments about electronic signature gathering (e-signatures or digital signatures) for ballot initiative and referendum (I&R) campaigns.

Barry’s company is on the leading edge of the digital revolution, while Bowen is the state government official most likely to be responsible for oversight of digitally-gathered initiative petition signatures.

In Monday’s keynote address at the forum, which drew hundreds of participants to the Hastings Law School, University of California, Bowen seemed critical of the new methodology for gathering, and in large part verifying, signatures in ballot initiative campaigns.

Bowen said she is concerned that the cost of many initiative petition campaigns may keep them out of the reach of most citizens: “A cost of $2 to $3 per signature is not uncommon, and it can be $12 in the latter days before turning signatures in for approval.” Secretary Bowen argued that initiative petitions in the state should carry disclosure information on whether or not the petition circulator is paid or volunteer.

Ballot measures can be long or confusing, she said. She wonders if it’s possible “there can be too much direct democracy.” She said she supports disclosure all the way through the process. The intrusiveness and efficacy of some financial and other disclosure provisions were, however, a subject of debate throughout the forum.

In her keynote, Bowen expressed her concerns about e-filings or electronic signature collection and verification in the initiative process. She questioned security standards for the collection, transmission and storage of electronic signature information.

Although it might prove helpful in determining signature validity, Bowen seemed in part to share of the libertarian sensitivities of many attendees at the forum, saying she was “reluctant to rely on biometrics, or too much private or personal disclosure to help achieve certainty in the process.”

She wondered if public officials become responsible for collecting individual information from irises, thumbprints or other personal information.

In response to a question after her speech, Bowen it is not that she is against e-filing or digital retrieval of intiative signatures, but want “to assure an honest process.” She is “excited about the potential” of e-signatures but is urging caution as more is learned about technology.

Barry’s firm is the leading exponent of the new technology. In an interview, he told CapitolBeatOK:

“Most people understand our technology is a game changer that will help true grassroots initiatives who can’t afford to compete with the special interests who control the initiative game today. It’ll also help local governments who are burdened by the cost of an archaic paper-based system.”

He continued, “We’re not sure where Secretary Bowen will ultimately come down on this issue. She’s raised some technical questions which we can easily address.”

Barry concluded by telling CapitolBeatOK, “The terrible irony is that although California is home to Silicon Valley, our state government is slow to embrace new technology even when it’s been successfully used for decades in other industries.”

Barry’s firm recently garnered worldwide attention among political professionals and analysts for convincing the Santa Clara County registrar of voters in California to accept eight voter registration forms submitted digitally. Barry is working to get the system in place for this November’s election in all 58 counties in the nation’s most heavily populated state

Despite her concerns about digital signature collection, in her keynote address Bowen was clearly proud of many aspects of California’s initiative system. She said, “the framework, the process, can determine outcomes in our elections, or how deliberations over outcomes unfold.” Process is important, because it drives “how we vote, and who can vote.”

She noted that for many decades the initiative process in California was seldom used, before it “exploded” over the last three decades. Bowe is proud of the voter guide the state does for every election cycle. The guide was once mailed to every registered voter in the state, but is now only sent to voter households, due to budget constraints.

That guide Bowen touts includes arguments for and against key ballot measures. Her power is limited, but meaningful: “I don’t write them, but one power I do I have is to choose which arguments are included in the state election guide.”

NOTE: We are grateful to photographer Steve Rhodes for his help in coverage of the Global Forum.

Land Office boss to depart, McCarville reports employee loan

Wed, 11 Aug 2010 19:50:00 GMT

CapitolBeatOK Staff Report

Published: 05-Aug-2010

The McCarville Report Online has reported an employee loan from the office of Auditor & Inspector Steve Burrage to the School Land Commission (formally known as the Commissioners of the Land Office).

In a separate development at the commission, Secretary Mike Hunter has announced he is leaving the commission on September 1.

Today (Thursday, August 5), veteran journalist Mike McCarville reported at his online site, “Terri Watkins, former KOCO-TV reporter who joined then-Auditor & Inspector Jeff McMahan's staff as his spokesperson, moved to the School Land Commission as its spokesperson last year but remained on … Burrage's payroll through June.” (http://wwwtmrcom.blogspot.com/)

By law, Burrage is a member of the Commissioners of the Land Office. “Records examined by The McCarville Report Online show that Watkins collected her June paycheck of $5,833.33 from the auditor's office on June 30th,” according to the web posting.

Watkins was announced to the commissioners as the new director of communications in November 2009, meeting minutes show: "New Personnel -- Secretary (Mike) Hunter introduced Terri Watkins as the Director of Communications. Watkins is a loaned executive from the State Auditor’s Office."

Burrage’s aide Trey Davis told The McCarville Report Online, "We had an interagency agreement with CLO through the end of the fiscal year where CLO reimbursed SAI for Terri’s salary and other personnel costs. Terri was still technically an employee of this office assigned to CLO per the agreement. I believe she became an employee of CLO effective July 1, 2010 but they can confirm that. Her position with SAI was concluded on June 30, 2010."

In another development at the land office, Secretary Hunter told Governor Brad Henry he has “decided to conclude my tenure” on September 1, 2010. Hunter said he was “taking advantage of a business opportunity back in Washington, D.C., beginning in September but I fully intend to return to Oklahoma in the very near future this time for good.”

In the August 2 letter, provided to CapitolBeatOK, Hunter told Henry: “A great deal has been accomplished here over the past year thanks to your leadership and support.” He said in addition to modernization, he believed the agency now has “secured funding authority to properly staff the agency and invest in much needed technology. We have also regained the trust and confidence of the Legislature, the beneficiaries of the trust and, most importantly, the public.”

Hunter wrote he was grateful “for the opportunity you gave me to lead the turnaround effort here and the unwavering support of my efforts to fix what was broken and preserve and improve what was not.” He encouraged support for “a succession that keeps this team together and ensures that progress we have made over the past several months can continue.”

Hunter has guided the commission in the aftershock of a searing scandal. Former employee Roger Q. Melson embezzled more than $1 million. Hunter, a Republican and veteran of the administration of Gov. Frank Keating, was hired to run the agency late last year. He was hired by the land commission, dominated by state officials who are Democrats, to replace former state Auditor Clifton Scott, also a Democrat.

Hunter made administrative reforms, but also shepherded through the Legislature a significant bill dubbed a “reform and modernization act.” In addition to steps touted to prevent any recurrence of the kinds of crimes Melson committed, this year’s institutional shift under Hunter allowed the land office to provide a $30 million boost in distributions to state government schools and universities.

The Commissioners of the Land Office, a non-appropriated agency controlling massive resources not subject to regular legislative appropriation, administers the school land trust funds for the production of income for the support and maintenance of the common schools.

During the legislative session, in a press room discussion with CapitolBeatOK and other news organizations, Hunter thanked legislators in both parties for support of his reforms, as well as the members of the commission: statewide elected officials Governor Brad Henry, Lieutenant Governor Jari Askins, Auditor & Inspector Steve Burrage, Superintendent of Public Instruction Sandy Garrett and Attorney General Drew Edmondson, as well as the appointed state Agriculture Secretart Terry Peach.

Note: Editor Patrick B. McGuigan contributed to this report.

Pittman plans to reintroduce ‘sexting’ legislation

Sun, 08 Aug 2010 22:24:00 GMT

CapitolBeatOK Staff Report

Published: 04-Aug-2010

In wake of new “sexting” instances in southern Oklahoma, state Rep. Anastasia Pittman, an Oklahoma City Democrat, is renewing her legislative concern over the plague.

Rep. Pittman previously held a public hearing to discuss the growing teenage craze of taking explicit pictures of themselves then sending them to a boyfriend or girlfriend. The meeting addressed not just the criminal felony charges that apply in the absence of specific sexting laws, but also the emotional consequences of lovelorn teens who send pictures in haste that are later shared with more than the intended recipient.

The recent charges in Texhoma against three males, ages 18 and 19, for the possession and distribution by cell phone of obscene images of a 17-year old female highlights the dire need to create “sexting” laws, states the Oklahoma City lawmaker.

Rep. Pittman has collaborated with Speaker-designate Kris Steele, a Shawnee Republican, on this matter, in addition to the District Attorney’s Council, Oklahoma State Bureau of Investigation, the Office of Juvenile Affairs, the Oklahoma Education Association, and the Oklahoma Coalition against Domestic Violence.

A Senior Advisor to the House Democratic leadership team, Pittman has spearheaded the movement to address the practice known as “sexting.” In addition to holding meetings and providing information on this issue, she introduced House Bill 3321 this past session to give prosecutors and police more discretion in dealing with such cases.

Given the shared concern and good rapport with the incoming Speaker of the House on the growing prevalence of sexting, Rep. Pittman is optimistic that in the coming session real progress can be achieved to curb this trend.

“My fear is that if we do nothing countless teens will see their lives shattered by receiving the brunt end of punishment that is really meant for adult predators,” said Rep. Pittman. “We need to both educate teens on this issue, and enact legislation to appropriately address this relatively new behavior. Our youth need to realize the very real lifespan of these mistakes, as given all our technological advances, pictures can be shared and stored on numerous social media forums, and by then they are almost impossible to retract.”

Sexting is generally defined as the sharing of sexually explicit photos, videos and chat by cell phone. According to the National Campaign to Prevent Teen and Unplanned Pregnancy, one in five teen girls say they have electronically sent, or posted online, nude or semi-nude images of themselves. One-third of teen boys and one-quarter of teen girls say they have had nude/semi-nude images, originally meant to be private, shared with them.

The practice has led to child pornography charges against teens in several other states. In Pennsylvania, three Pennsylvania high school girls who sent semi-nude photos and four male students who received them were all hit with child pornography charges.

In the recent Texhoma case, as there are no Oklahoma laws that specifically address underage “sexting”- related crimes, the three males charged with possessing obscene materials and child pornography may face a felony conviction and be required to register as sex offenders for the rest of their lives.

“On the books in Oklahoma the child pornography law reads to ‘every person’, and does not distinguish between minors, so your teenager could be charged with child pornography and given a felony conviction and between ten to twenty-five years in prison for sexting. No one condones sexting, but at the same time no one wants to hang an albatross around the necks of teens for a youthful indiscretion, and forever limit their career opportunities or where they can live in society. There is a world of difference between sexting and predatory behavior, and I hope with the help of Speaker-Elect Steele we can gain some ground on dividing the two behaviors,” Pittman said.

Rep. Pittman also noted that she hopes the Oklahoma Institute for Child Advocacy will expand the definition of behavioral health to include the practice of sexting.

Brogdon endorsement boosts Fallin’s campaign

Sun, 08 Aug 2010 22:23:00 GMT

After a hard-fought Republican primary in which he garnered nearly 40% of the vote, state Sen. Randy Brogdon has endorsed U.S. Rep. Mary Fallin in the November general election.

In an interview with CapitolBeatOK shortly after Brogdon made his endorsement announcement today (Wednesday, August 4), Fallin said she supported Brogdon’s push for reform of the initiative and referendum process, including two of the 12 ballot measures on this year’s November ballot in Oklahoma. She said, “We talked about those issues, and I support what he is doing on that.”

Falllin said she and Brogdon are both concerned about the future of the country, as well as budget shortfalls nationally and in Oklahoma. Fallin said she shares Brogdon’s concerns about the “unconstitutional federal health care bill.” Fallin stressed that she appreciated Brogdon’s concerns “on many issues.” She said they two were “leading the charge for Oklahoma’s state’s rights.”

CapitolBeatOK watched this afternoon while Fallin conducted interviews with a Tulsa World reporter and held a radio session with a Woodward station. Concerning her Democratic opponent, Lieutenant Governor Jari Askins, Fallin said, “She’s a nice lady and has been a good friend of mine for a long time. But if Oklahoma wants a conservative governor, I’m the one.”

Fallin said she has been a strong advocate of gun rights and that Askins has not taken a position on the Arizona immigration law. She told CapitolBeatOK, “The main difference between her and me is that I didn’t vote for Barack Obama and Nancy Pelosi.”

In the mid-day press conference at Fallin’s headquarters on N. Classen Boulevard in Oklahoma City, Brogdon said, “If you are a committed constitutional conservative, as I am and as my supporters are, it is extremely important to get out and vote for Mary Fallin this November.”

Brogdon told reporters, “Unlike her Democratic opponent, Mary has fought tooth and nail against President Obama’s unconstitutional federal takeover of the health care system. She’s stood up for gun rights and she’s stood by Arizona in their fight to enforce the rule of law and stop the flood of illegal immigration at our borders. Mary is the conservative choice for governor in November, and I am asking those constitutional conservatives who supported my campaign to now support Mary in hers.”

Responding to the endorsement, Fallin praised Brogdon for his conservative commitment and what she characterized as “tenacious campaigning.”

She added, “Senator Brogdon is a principled leader and an energetic campaigner. He has a bright future in our party. I am pleased to have his support and I can assure both him and his supporters that I am ready to restore conservative principles to the governor’s office and pursue the policies of limited government, individual rights and fiscal discipline.”

In a follow-up interview with CapitolBeatOK, Sen. Brogdon said he was proud to endorse Fallin. Brogdon said his new group, Freedom’s Roll, will emphasize “defense of our freedom.”

He said the organization would focus initially on this year’s cluster of statewide ballot propositions, providing white papers and other information to help citizens “make informed choices.” The focus on ballot questions, he said, “is a function of the time of year we’re in, the election season.” He said future work would include a strong focus on state legislation and candidate assessments.

State Republican party chairman Matt Pinnell applauded Brogdon for joining Fallin’s other two competitors for the nomination, Robert Hubbard and Roger Jackson, in giving Fallin “unconditional support.”

In a statement sent to CapitolBeatOK, Pinnell said, “Oklahoma needs a strong, conservative leader to create jobs and move this state forward. Mary has proven to be that leader. As a state representative, a lieutenant governor and now as a congresswoman, she’s fought for limited government, individual liberty and the kind of pro-growth policies that create prosperity.”

Pinnell’s statement included a critique of the Democratic nominee, saying she “has buried her head in the sand and refused to take a stand on the issues Oklahomans care about. Whether it’s health care, immigration or gun rights, Jari Askins would rather avoid tough questions than dare to challenge President Obama and his policies. That’s not leadership, and it’s not going to fool Oklahoma voters.”

Pinnell said the party nominee would be seeking not only Republican votes, but "independents and conservative Democrats as well.”

Rep. Doug Cox says 'education infrastructure' is critical to health rank

Sun, 08 Aug 2010 22:24:00 GMT

CapitolBeatOK Staff Report

Published: 03-Aug-2010

The recently released 2010 Kids Count Data Book statistics reflects the importance of education, especially in the heavily-weighted Health category, according to the chairman of the Appropriations and Budget Subcommittee for Public Health in the Oklahoma House of Representatives.

In a statement sent to CapitolBeatOK, Rep. Doug Cox observed that Oklahoma was rated a disappointing 44th in the nation in child well-being in the report. Health issues were a key issue in the survey, including statistics for premature births, teen pregnancy, and the number of uninsured children.

State Rep. Doug Cox pointed out that all of the measures studied in the project are actually related to the education level of the citizens.

“We know that all of the health measures are directly related to education,” said Cox, a Republican from Grove. “It has been proven time and time again that as the education level of citizens goes up, the number of teen pregnancies, premature births, and the prevalence of unsafe and risky behaviors goes down. All of those issues were considered key factors in the study. Of course, fewer high school dropouts and more college graduates will also result in fewer kids living in poverty.”

Cox pointed out that Oklahoma’s high school dropout rate is embarrassingly high. In addition he feels the number of Oklahomans completing a bachelor degree should be higher.

“If you analyze the data closely it is easy to see that states ranking higher than Oklahoma in overall rank, and particularly health issues, rank higher than us in education,” Cox said. “This study underscores for me that of all the issues we address as a legislature, education has the most far-reaching effect and provides the greatest opportunity for improving the lives of Oklahomans.

Cox pointed out that 41 other states have a higher percentage of homes where the householder has a bachelor degree.

“We have to get Oklahoma parents, regardless of their education level, to stress the importance of education to their children,” Cox said. “When that is done successfully, the other statistics measured in Kids Count will take care of themselves and our overall ranking will improve.”

Rep. Cox concluded, "People tend to think of infrastructure being such things as roads and bridges, water and sewer – hard assets. The longer I serve in the legislature, the more I truly believe that the most important infrastructure in our state is the educational system.”

Global Forum on direct democracy builds 'trans-partisan' coalition

Fri, 06 Aug 2010 19:17:00 GMT

SAN FRANCISCO -- At the Global Forum on Modern Direct Democracy this week, and the U.S. Conference on Initiative and Referendum just before it, the words “diversity” and “trans-partisan” were frequently heard and modeled among speakers, panelists and attendees. Four of the biggest names among speakers – Grover Norquist, Ralph Nader, Paul Jacob and Jane Hamsher – reflected the energy, intensity and essentially pragmatic aspects of the event.

Norquist, president of Americans for Tax Reform, gave Monday’s luncheon address. In an interview, he told CapitolBeatOK, “The political parties tend to be suspicious of the initiative process, until or unless they are out of power. Then, they look at it as a practical means to get power and influence events. But the initiative is too important to leave to politicians and corrupt institutions. It’s the people’s voice.

“The initiative is particularly necessary when the leadership of the political parties in the legislative body agree with each other. They generally are against cutting legislative pay, against opening up the ballot process itself, against term limits for legislators and other state officials, and against tax limitation.”

He continued, “The initiative is also useful in introducing to public discussion important issues that might otherwise never find a champion. Legislators are scared of issues like drug legalization (currently allowing medical marijuana use is a big cause), opposition to racial preferences, and criminal justice reform.

“Those kinds of conversations will only take place through the initiative debates. These are debates that never or almost never will take place in the Legislature, but only in and through the initiative process. Then, win or lose, it becomes easier for politicians to begin to address those kinds of issues.”

At a Saturday night (July 31) reception, Ralph Nader participated via telephone. Nader was the Green Party’s presidential candidate in 1996 and 2000, and ran as an independent in both 2004 and 2008.

Nader responded to questions from the crowd, representative of the diverse attendees holding conservative, liberal, libertarian and environmentalist views.

Among other comments, Nader reflected, “I am fearful for the future of direct democracy, as the initiative has become a tool for the right in many cases. The initiative however, should not be a last resort but a first resort to build up our participatory democracy.”

Nader also said, “I believe the initiative is a way to subordinate commercial values to civic values. There is currently a participatory void in our country. We have to relearn, as Americans, how to practice democracy.”

Paul Jacob of Citizens in Charge Foundation is a well-known libertarian leader and defender of the processes of direct democracy. Jacob told CapitolBeatOK his motivations for helping organize the conference flowed from many experiences, including those during his work on a spending limitation measure that put him in conflict with Oklahoma Attorney General Drew Edmondson in recent years.

In an interview on Monday (August 2), Jacob said, “In some ways the people at this conference are beginning to find ways to come together simply because they have been invited to come together. The political process has a way of dividing people. We wanted to find a way to transcend divisions over policy issues, and unite around the integrity and importance of the process.

“Some view the initiative process as a win-lose proposition, but the truth is that because the initiative device itself gives all of us a chance to participate, it is something that is or can be unifying in effect. When you have a chance to talk about real issues, important decisions, you learn that the guy you disagree on the particular policy issue or issues also cares about the country and our common future.

“There are coalitions emerging around the country consisting of people who care about the initiative process. This includes people from the far left and far right, who have invested themselves in defending the process. With personal human interactions, you realize you both care for the country, even when policy views are different.

“My experience is the right-wing and left-wing activists and groups who believe in issues, who believe results count, are less likely to fight bitterly and divisively, if they actually know each other.

“Politicians in the Legislature too often are those who are looking to split up the loot. They don’t like the initiative. People interested in the integrity of that process are less interested in dividing up the loot and more interested in how we govern ourselves. I have had dozens of people remark how different [Republican U.S. Rep.] Ron Paul and Ralph Nader are, but that they respect both of them for their passion to defend initiative and referendum processes.” Paul and Nader are both former presidential candidates.

Jacob reflected, “We pulled this conference together because we believe we need people using the initiative and referendum process to be aware of each other, understanding each others’ motivations, and finding more ways to work in coalitions.”

Jane Hamsher, a well-known political blogger, is the founder and leading force at FireDogLake.com, a wildly popular news and opinion blog that in addition to its fierce criticisms of U.S. foreign policy has emerged as a leading critic of the new federal health care legislation.

Hamsher and Norquist have frequently worked in coalitions on varied issues, and their collaboration is considered by many attendees at the global forum a sign of the pragmatic ways such collaboration might work in the future.

Hamsher told CapitolBeatOK: “As corporate interests continue to exercise ever-increasing influence over our elected officials, ballot initiatives are one of the only ways citizens have to protect against ‘government for sale.’ Both right and left have a vested interest in maintaining the process, and I think that working together is going to provide our greatest chance for preserving it.”

San Francisco pension reform initiative qualifies for November ballot

Fri, 06 Aug 2010 19:17:00 GMT

By Patrick B. McGuigan

Published: 02-Aug-2010

SAN FRANCISCO – Jeff Adachi, a public defender in San Francisco, has earned a place in California history with an initiative proposal designed to save taxpayers hundreds of millions of dollars in the next decade.

If approved, the proposal, which qualified for the ballot on Monday (August 2) could provide a model for states and communities seeking to avoid massive budget cuts, tax increases or both due to unfunded mandates in public employee pension funds.

Oklahoma has one of the weakest teacher pension plans, according to several analyses. The state of California has an estimated $500 billion in pension debt, CalWatchdog has reported.

Adachi‘s Sustainable City Employees Benefits Reform Act has qualified for the November election, the Department of Elections confirmed. Initiative petition circulators gathered the required valid signatures.

In a statement sent to CapitolBeatOK, Adachi said late Monday, “I would like to thank the people of San Francisco who signed our petitions and the Department of Elections who confirmed qualification of the measure for the November ballot.”

He reflected, “The Sustainable City Employees Benefits Reform Act is a reasonable and moderate step that San Francisco can take to bridge our escalating budget deficit and save $170 million per year. These savings can be used to preserve the services that people rely upon and the jobs that people depend upon.”

Adachi’s proposal is of such wide national interest that he was added as a speaker at the Global Forum on Modern Direct Democracy, being held at the University of California, Hastings School of Law.

In an appearance on Sunday (August 1), during a part of the seminar focused on U.S. initiatives and referenda, Adachi described the frustration he and other taxpayers and public employees have felt after learning that one of every five dollars collected in local taxes are now going to pay benefits for government employees.

Adachi grew frustrated in recent months at budget cuts in the public defender’s office, the closure of public parks and other program cuts driven by cost accelerations in the pension plan.

According to a report recently posted on Ballotpedia.com, "When the economy was booming, San Francisco's pension liability was largely covered by investment returns. That is no longer the case. In 2010, the city is expected to have to contribute (according to different estimates) between $300 and $575 million to pension costs directly from its general operating budget. The amount of the required direct contribution from city coffers is expected to go as high as $600 million by 2015 if nothing changes. This pressure on the city's general operating budget from contributions to pensions means that there is less money available for all the other services provided by the city."

John Diaz of the San Francisco Chronicle recently commented, “the crisis over escalating pension and health care costs that has been brewing for years - and ignored by all but a few lonely fiscal conservatives - has reached the breaking point...'This is like the dot-com bubble bursting,' said Susan Kennedy, chief of staff to Gov. Arnold Schwarzenegger."

Adachi himself has insisted, “This isn't an attack on labor. It's a math problem.”

In early July, Adachi submitted over 77,000 signatures, far more than the 46,000 valid names required for ballot status. However, advocates were concerned by an unusual provision in local initiative provisions that even a single duplicate name can be used to disqualify more than 1,000 value names. In interviews with CapitolBeatOK, supporters identified that quirk as their leading concern while waiting for word on qualification in recent days.

The almost certainly historic initiative campaign has enjoyed significant support, Adachi says, from Michael Moritz, a Silicon Valley entrepreneur, and his wife Harriett Heyman, a novelist. Moritz is probably best known as an early investor in Google, YouTube and Yahoo. Although Gov. Arnold Schwarzenegger is not involved in the campaign, some close allies of his also contributed to the petition drive.

If approved by voters in November, the Adachi proposal will save taxpayers some $170 million by requiring employees to contribute 9% into their own pensions. The initiative includes elected officials. Police and fire employees, with comparatively more generous benefits, will begin to contribute 10%.

SF Smart Reform advocates told CapitolBeatOK the plan will maintain 100% medical coverage for all covered employees, allowing a “50-50 shared provision for dependent healthcare.”

Right to work, pro-business reforms credited for Boeing announcement

Fri, 20 Aug 2010 20:12:00 GMT

CapitolBeatOK Staff Report

Published: 02-Aug-2010

Legislative leaders today celebrated the dramatic announcement that Boeing is moving some 500 jobs from California to Oklahoma. Senate President Pro Tem Glenn Coffee of Oklahoma City says the work done by Republicans in the Oklahoma Legislature is paying dividends already. House Speaker Chris Benge of Tulsa also cheered the news.

In a release sent Monday afternoon (August 2) to CapitolBeatOK, Coffee said, “We knew the passage of comprehensive tort reform two sessions ago, and the progress we made in reforming our workers compensation system this past session would get the attention of the business community around the nation.”

“Today’s announcement from Boeing that over 500 high-paying aeronautical jobs are moving from California to Oklahoma City is resounding affirmation of our work.”

Citing operating costs and the economic environment, Boeing on Monday announced that it will relocate its C-130 Avionics Modernization and B-1 programs from Long Beach, California beginning in early 2011. About 550 positions will be relocated to Oklahoma City.

A Boeing spokesman said the relocation will allow the company to provide a more competitive cost structure for its customers.

“Independent organizations across the nation have praised Oklahoma’s moves in recent years to improve our business climate through tort reform and worker’s compensation reform,” Coffee continued. “Most recently, Pacific Research measured which states impose the highest, and the lowest, tort liability costs both in absolute and in relative terms, as well as tort litigation risks across states. It also examined which states have rules on the books that will reduce lawsuit abuse and tort costs, resulting in a more balanced, predictable, and affordable civil-justice system.”

According to that report, the state that has the best tort rules on the books-and that will be heading in the right direction if the rules are fully implemented-is Oklahoma, followed by Texas, Ohio, Colorado, and Mississippi.

“I salute my colleagues in the Senate, as well as Speaker Chris Benge and Representative Dan Sullivan for their commitment to seeing these reforms become reality,” Coffee said. “And I would be remiss if I didn’t acknowledge those members with whom I served in the minority, as well as former Governor Frank Keating for their leadership in passing Right to Work in Oklahoma.

“All involved have transformed Oklahoma from an after thought in economic development to leading the nation,” Coffee added. “And this is just the start. I believe, just as we’ve bucked the national tide politically, that we will also reverse the national economic trends with the pro-business message we’re sending the nation.

“Good times are coming our way,” Coffee concluded.

In his own statement, forwarded to CapitolBeatOK, Speaker Benge also hailed the news, saying, “We have fought hard in recent years to create a business climate that will attract economic activity and jobs to our state. Oklahoma is becoming a state that is seen as pro-growth and we hope that our state will increasingly be seen worldwide as a premiere place to do business.”

He concluded, “High tax states like California will continue to lose business as more companies are lured to pro-growth states like ours where they can be assured that profit is not a dirty word. Congratulations to Oklahoma City and the many other communities that will be affected by this announcement.”