The Statewide Charter School Board meets. (Photo by Kennedy Thomason/Oklahoma Voice)
Over the past few weeks, Oklahomans have been treated to one of the most unfortunate shows on Earth.
Two of our state boards and commissions, which are supposed to be enforcing the laws on our books, have inexplicably gone completely AWOL — in the worst possible way.
In the first ring, we have the state education board members, who are under investigation for willfully violating our state open meetings law.
I’ll let you in on a little secret. That’s pretty dang hard to do in a state that rarely enforces the criminal provisions of that act. Yet, Attorney General Gentner Drummond’s office is probing whether the board’s closed door meeting was prohibited and if it illegally barred some lawmakers from attending executive sessions. The board apparently decided to ignore advice from Drummond’s office that explains that our law requires some state lawmakers admittance to executive sessions.
Then in the second ring, we have a different education oversight board that apparently thinks it’s their job to challenge existing laws and court rulings rather than enforce them. They’re so gungho about blazing their own path, they’ve even fired the legal counsel provided by the Attorney General’s Office, who was apparently stonewalling their objective.
Drummond is asking the Oklahoma Supreme Court to hold that board in contempt if they continue to refuse to comply with the order that requires them to rescind the contract for a proposed publicly funded Catholic charter school. Instead of complying with a court order, the board wants to hire — at considerable expense to taxpayers, I’m sure — outside counsel to fight the Supreme Court ruling.
If we’re really unlucky, over the coming weeks, Oklahomans could be treated to a giant perp walk featuring politically connected Republicans who apparently think they can operate with impunity.
Rather than viewing this all as an entertaining circus, what’s happening should serve as a cautionary tale for our policymakers who have the power to choose the people who serve on our state boards and commissions.
And, this should serve as a warning to our state senators about the importance of properly vetting the nominations of the people tapped to serve in these roles. It should be a priority that’s handled at the start of a legislative session, not a task that’s left until the final days or a special session like they did in June.
It might also be a sign that we have way too many boards, commissions and task forces.
Because right now, our leaders have managed to create some boards whose members apparently have little respect for checks and balances.
Lawmakers create laws. The executive branch implements the laws. Our courts decide if the laws — and how they are being implemented and interpreted — are constitutional.
The people serving on our state boards aren’t supposed to be picking and choosing which laws and court rulings they want to enforce based on their personal preferences and beliefs.
It doesn’t work that way.
Listen, I get it. Serving on boards and commissions is generally a thankless job and probably generally pretty boring. Members typically receive little — if any — compensation. Some have to take time off work to attend the meetings. And, I’m certain they face the blame if things go awry in the agency they’re tasked with overseeing or governing.
Lawmakers also pass sometimes ridiculous laws that are annoying to implement or might go against one’s beliefs.
But boards and commissioners can’t operate carte blanche.
Our lawmakers can also stop some of this insanity by refusing to help boards and commissions pay for outside legal counsel when they’re mad at or disagree with the AG’s Office. Taxpayers pay for an agency that employs attorneys for a reason. Perhaps we should require every board to be represented by the AG’s Office. It’s an agency that should have taxpayers’ best interests at heart and isn’t a law firm focused on making a profit.
Because all you have to do is look at the third ring to see how things should be working.
In that circle sits an obscure board that governs our state’s cosmetology and barbering. In April, that board entered into a severance agreement to pay their former executive director a little over $20,000 to depart.
Rather than deciding that the public wasn’t entitled to view the agreement, the board, which is represented by the AG’s Office, opted for total transparency.
They promptly complied with an open records request filed by Oklahoma Voice and released the severance agreement as required by law.
They didn’t fire the AG’s Office. They didn’t pound their chests, flex their muscles and scream for attention.
Regardless of what you think about severance agreements, on that day, they proved that our officials made a wise decision in selecting them to represent their industries.
They quietly did their job, and by doing so made the audience look elsewhere for entertainment.
That’s what all our boards should be doing.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
DONATE: SUPPORT NEWS YOU TRUST
Local News
