State Board of Education accused of violating Open Meeting Act

Oklahoma State Department of Education

Dick Pryor: This is Capitol Insider - taking you inside politics, policy and government in Oklahoma. I'm Dick Pryor with Quorum Call publisher Shawn Ashley. Shawn, the state school board held its July meeting on Wednesday. It was a rather routine meeting by recent standards, but Senator Mary Boren and the Attorney General's office questioned whether the board violated the state Open Meeting Act - not once, but twice. What caught their attention?

Shawn Ashley: First, Boren, Representative Jacob Rosecrants, and Representative Mike Osburn were prohibited from attending the board's executive session, except when they were allowed in to attempt to persuade the board that they should be allowed to do so. Now, the Open Meeting Act states, “any member of the legislature appointed as a member of a committee of either house of the legislature or joint committee thereof, shall be permitted to attend any executive session authorized by the Oklahoma Open Meaning Act of any state agency, board or commission whenever the jurisdiction of such committee includes the actions of the public body involved.”

The board even had an action item on its agenda related to allowing Boren to attend the session, but it tabled action on that item. Second, the agenda showed the board would hold a separate executive session to consider information regarding the revocation and reinstatement of a number of teaching certifications. The board never formally convened that executive session, but it did take action on those items without any discussion in open session. Now, that seems to indicate that they had discussed those items when they were behind closed doors, which would be a violation of the Open Meeting Act.

Dick Pryor: If this is determined by the AG to violate the Open Meeting Act, what are the ramifications?

Shawn Ashley: A willful violation of the Open Meeting Act carries penalties up to a $500 fine per violation, and up to one year in jail. It also would mean the action on the revocations and reinstatement of teaching certificates would be nullified.

Dick Pryor: Attorney General Drummond is asking the Oklahoma Supreme Court to order the State Charter School Board to comply with an order from the court regarding the St. Isidore of Seville Catholic Virtual Charter School. Why is A.G. Drummond doing that?

Shawn Ashley: In its June 25th decision, the Oklahoma Supreme Court issued a writ of mandamus that required the statewide virtual charter school board to invalidate the contract with St. Isidore, but that board did not do that. The Statewide Charter School Board is the successor of the Statewide Virtual Charter School Board, and it inherited the St. Isidore contract. It tabled action Tuesday on an item related to the court's decision. Drummond wrote in his petition to the court, “Every day the Oklahoma Statewide Charter School Board refuses to comply with this court order is another day that a state established religious school persists. This is repugnant to Oklahoma and federal law and must immediately be remedied.”

Dick Pryor: We don't talk much about the Corporation Commission, but it's embroiled in controversy now over the reported behavior of Commissioner Todd Hiett. Now, Shawn, there are scandals in state government from time to time but this case is unusual for one reason.

Shawn Ashley: Yes. Hiett is a statewide elected official. And in order for him to be removed from office, he would have to either resign or be impeached. Fellow Corporation Commissioner Bob Anthony has called on Hiett to resign, and the House Democratic Caucus has called on Governor Kevin Stitt to convene a special session for the House to consider impeaching Hiett, which would then lead to a removal trial in the Senate. It has been nearly 60 years since Oklahoma impeached and removed a public official, Oklahoma Supreme Court Chief Justice Napoleon Bonaparte Johnson, and 20 years since the House impeached Oklahoma Insurance Commissioner Carroll Fisher, who resigned before his removal trial could begin.

Dick Pryor: And finally, Shawn, Oklahoma is getting a new standard license plate for cars and trucks. We all may remember the current license plate was criticized when it was issued eight years ago - largely for being bland and generic. What is the new design and when does it go into effect?

Shawn Ashley: They are calling it the iconic Oklahoma plate, and it is based on the original state flag plate, which is among the top ten most popular license plates in Oklahoma. The new plate includes a series of Oklahoma's cultural and historical landmarks, as well as the state's “Imagine That” logo and tagline. The new plate will be available for vehicles beginning September 1st.

Dick Pryor: We'll be watching for it. Thank you, Shawn.

Shawn Ashley: You're very welcome.

Dick Pryor: For more information, go to quorumcall.online. You can find audio and transcripts at KGOU.org and look for Capitol Insider where you get podcasts. Until next time, with Shawn Ashley, I'm Dick Pryor.

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Dick Pryor has more than 30 years of experience in public service media, having previously served as deputy director, managing editor, news manager, news anchor and host for OETA, Oklahoma’s statewide public TV network. He was named general manager of KGOU Radio in November 2016.