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Tuesday, July 17th, 2018Last Update: Friday, June 1st, 2018 10:41:02 AM

The Law Is Clear

By: Randy Brogdon

I have been asked by Insurance Commissioner John Doak to serve as his Deputy Commissioner of the Fraud and Senior Services Division. I am honored to serve and am excited about the opportunities to protect the citizens of Oklahoma.

Commissioner Doak is an honorable man with over two decades of insurance and business experience. I believe his service and leadership will be a great benefit to the State of Oklahoma. Unfortunately Commissioner Doak is being unduly criticized in the media for hiring me and former State Rep. Mike Thompson.

There has been a lot of discussion whether or not legislators can work for a state agency within two years after their legislative service is over. The answer to that question is yes. As a matter of fact there have been Supreme Court decisions as well as Attorney Generals opinion stating the affirmative. Following is an honest appraisal of the facts along with the spirit and the intent of the law.

Section V-23 of the Oklahoma Constitution describes three distinct provisions. First, no member of the legislature can be appointed to an office or commission that was created during his term of office. Secondly, no member can receive an appointment from the Governor during his term of office.

The third provision of the bill deals with the two year moratorium which is often mischaracterized. The moratorium specifically restricts a legislator from entering into a "contract" with any state agency that was authorized during his term of office.

For example if the legislature created a new agency or position within an existing agency during his term of office he could not serve or contract with that department for a period of two years after his term was over.

The letter of the law and the spirit of the law are not to restrict a former legislator from working for a state agency, it is simply designed to prevent a legislator form having influence in creating a position and then moving directly in to it.

The law is clear on this issue yet some continue to ignore the facts and cast aspersions for their own purposes. Those of you who know me realize that I have faithfully served the State of Oklahoma for the last eight years and will continue to do so under the leadership of Commissioner Doak.

Section V-23

"No member of the Legislature shall, during the term for which he was elected, be appointed or elected to any office or commission in the State, which have been created, or the emoluments of which shall have been increased, during his term of office, nor shall any member, receive any appointment from the Governor, the Governor and the Senate, or from the Legislature, during the term for which he shall have been elected, nor shall any member, during the term for which he shall have been elected, or within two years thereafter, be interested, directly or indirectly, in any contract with the State, or any county or other subdivision thereof, authorized by law passed during the term for which he shall have been elected."

About Randy Brogdon

Randy Brogdon is chairman of the Oklahoma Republican Party. He is former member of the Oklahoma Senate, and was a candidate for Governor and U.S. Senate.

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