By Constitution Staff

On February 28, Oklahoma Attorney General Gentner Drummond issued two separate opinions relating to the Oklahoma Turnpike Authority (OTA) and the Oklahoma Department of Transportation (ODOT). In response to a formal opinion request from Sen. Mary Boren (D-Norman), Drummond’s opinion held that an individual may not simultaneously serve as the Secretary of Transportation in the Gov. Kevin Stitt Cabinet, Executive Director of the Oklahoma Department of Transportation (ODOT) and Executive Director of the Oklahoma Turnpike Authority (OTA).

According to the AG Opinion, the Oklahoma Supreme Court has identified three elements to define a “public office”:

(1) The position was created or authorized by law,

(2) The law imposes certain definite duties upon the position holder; and

(3) The duties imposed involve “the exercise of some portion of sovereign power.”

“As of the time of writing, the Legislature has enumerated thirty exceptions to this prohibition,” Drummond writes in the Opinion. “However, none of these exceptions apply to the Secretary of Transportation, Executive Director of the Oklahoma Department of Transportation, or Executive Director of the Oklahoma Turnpike Authority.”

The first Opinion notes that the state Constitution’s prohibition on dual office-holding means a single individual cannot serve all three positions at the same time. And, it explains that an office holder who takes a second office effectively has vacated the first office.

At the time that Drummond issued his opinion, all three positions were held by Tim Gatz. As a result of the opinion, Gatz was deemed to be serving as Secretary of Transportation, and in effect vacated the ODOT and OTA positions, both of which preceded his appointment to Cabinet secretary. Gatz could serve in any one of the three public offices, but not more than one at a time.

Following Drummond’s Opinion, Governor Stitt promptly reappointed Gatz as ODOT executive director and Stitt’s office explained that the appointment would not require Senate confirmation since Gatz had already been confirmed in 2019. A joint statement issued by ODOT and OTA said: “While Gatz does not take a position on the legal analysis in the opinion, effective immediately, he has resigned his position as Secretary of Transportation and has been reappointed as executive director of ODOT. The opinion operates as an effective resignation of his role as OTA executive director. The OTA board must consider and take appropriate action to appoint a new director, while Governor Kevin Stitt’s office will handle the transition of the Secretary of Transportation role.”

The follow week, the OTA named Assistant Executive Director Joe Echelle as Executive Director to succeed Gatz. Echelle joined OTA in 2016 as Director of Construction and was promoted to Assistant Executive Director in 2018.

Since Lt. Governor Matt Pinnell has served as Secretary of Workforce Development in the Governor’s Cabinet since last July, Pinnell also took action: “After careful consideration, I believe it is time for me to step away from the Governor’s Cabinet and remove myself from the confirmation process. With the number of boards and commissions that I currently serve on, and with the number of lieutenant governor requests for my time, I believe it’s the best path. I look forward to continuing to advise the Governor on workforce and economic development issues.”

On March 7, Governor Stitt along with Secretary of Agriculture Blayne Arthur, Secretary of Human Services Deb Shropshire, and Secretary of Tourism, Wildlife and Heritage Shelley Zumwalt, filed a lawsuit against Drummond to correct his opinion. “Since I took office, I’ve worked to find ways to run government efficiently and save the taxpayers money. I have the best people in Oklahoma running my state agencies, and it only makes sense to have them be my advisers,” said Gov. Stitt. “The most recent AG Opinion concerning Tim Gatz is flat wrong, and in order to continue working to make Oklahoma a top 10 state, a court will need to fix the mess the Opinion created.”

On March 12, Governor Stitt vetoed Senate Bill 1196 which included an amendment specifically exempting from the dual office holding prohibition the Director of Agriculture and Secretary of Agriculture. While Gov. Stitt said he appreciated the author’s well-meaning attempt to spare the Secretary of Agriculture from the ripple effect of the AG’s Opinion, he trusted that a court of law will settle the dispute of all positions. “This legislation is unnecessary because the law is already clear: The Governor can choose his cabinet from among the agency directors. It was clear in 2019 when I hired Blayne Arthur as Commissioner of the Department of Agriculture and it was clear in 2019 and again in 2023 when I chose her as my Secretary of Agriculture,” said Gov. Stitt. “She is one of the most respected Agriculture professionals in the nation and we are lucky to have her here in Oklahoma. Not only that, but she has been unanimously confirmed by the Senate three times. Without question, she will continue to operate as my Secretary of Agriculture and as the Commissioner of the Department of Agriculture.”

The Governor also points to the precedent set by the last four governors as his guide for the construction of his cabinet.