OKLAHOMA CITY (OBV) – Oklahoma Gov. Kevin Stitt and members of his cabinet are suing Attorney General Gentner Drummond for saying an individual cannot simultaneously hold multiple leadership positions in the state government. The opinion caused a cabinet member to step down.
Stitt, Secretary of Agriculture Blayne Arthur, Secretary of Human Services Deb Shropshire and Secretary of Tourism, Wildlife and Heritage Shelley Zumwalt filed a lawsuit in the District Court of Oklahoma County, seeking a declaratory judgement against Drummond to correct what officials with Stitt’s office described as a “flawed opinion that resulted in the resignation of Tim Gatz from his role as Secretary of Transportation.”
“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,” Stitt said. “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.”
The complainants say Drummond “badly misapplied Oklahoma’s dual office holding laws.” Stitt cites “basic black letter law” and references precedent established by the previous four governors as his guide for constructing his cabinet.
Officials with Drummond’s office issued a statement in response to the lawsuit.
“The Attorney General stands behind his legally binding opinion and welcomes the opportunity to respond to the lawsuit in a future filing,” the statement says.
Gatz became Oklahoma’s secretary of transportation while also serving as executive director of the Oklahoma Department of Transportation (ODOT) and executive director of the Oklahoma Turnpike Authority (OTA). He resigned last week from his transportation secretary and OTA executive director positions after Drummond issued an opinion last week on the state’s prohibition of dual office holding.
State Sen. Mary Boren recently requested a formal opinion from Drummond on whether Gatz could simultaneously hold multiple state agency leadership positions simultaneously. Drummond gave his opinion, stating that Gatz could not not simultaneously serve as Oklahoma’s secretary of transportation, executive director of ODOT and executive director of OTA.
Drummond said the Oklahoma Constitution’s prohibition on dual office-holding means one person cannot serve all three positions at the same time. He further explained that an office holder who takes a second office effectively has vacated that first office.
The opinion states that Gatz effectively vacated his ODOT and OTA positions when he became the state’s transportation secretary. Gatz is eligible to serve in any one of the three public offices, but not more than one at a time, according to Drummond’s office.
The Oklahoma Supreme Court listed the following three elements as defining a public office:
- The position was created or authorized by law,
- The law imposes certain definite duties upon the position holder; and
- 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 said 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 OTA Board unanimously selected Joe Echelle for the agency’s executive director position during its monthly meeting Tuesday. Echelle had been OTA’s deputy director since 2021.
“The recent Attorney General opinions that were rendered were surprising to OTA but they weren’t a shock to the transportation system. And the reason that they aren’t a shock is that we have had and will continue to have great leadership from the OTA executive staff and continued diligent support from the Board,” OTA Board Chairman John Jones said. “Tim Gatz was a wonderful and very successful leader of OTA throughout his tenure of approximately eight years. He and his team have successfully completed and accomplished many projects and made OTA better with each and every one. Without a doubt, he will be missed. But OTA has always been bigger than any one person. OTA is its executive staff, its various and meaningful departments and all of the dedicated employees that contribute to OTA’s success along with its Board governance.”
Stitt reappointed Gatz to serve as ODOT’s executive director. The State Senate will have to confirm the appointment.
A news release from Stitt’s office includes the following statements from the cabinet members who joined the lawsuit:
“Working with the exceptional staff at the Oklahoma Department of Agriculture, Food and Forestry (ODAFF) and having the opportunity to serve as Secretary of Agriculture provides me valuable insight into the needs of farmers, ranchers and agribusiness in the state. I worked directly with the two previous Secretaries of Agriculture, who also served as the agency director for ODAFF. I saw firsthand the positive impact a person serving in both capacities can have. I look forward to clarity being provided on this issue and doing all that I can to help agriculture thrive in Oklahoma.”
Blayne Arthur
“Throughout my career, I have served Oklahomans, whether in my time as a pediatrician, helping families grow and care for their children, or in my more than 23 years in state service. I was appointed by the Governor and remain focused on my work to end child abuse and strengthen families. I am dedicated to leading an agency that creates hope and positive outcomes for our state’s most vulnerable families and welcome clarification on the issue at hand.”
Deb Shropshire
“I agree that the Governor should be able to select a Cabinet of their choice.”
Shelley Zumwalt
Drummond also answered a separate opinion request from Sen. John Haste, affirming the constitutionality House Bill 2263, which reduced the number of appointments the governor is empowered to make to OTA from six to two, and gave the speaker to the House of Representatives and the Senate president pro tempore two member appointments apiece.
Stitt and his cabinet members’ petition for declaratory judgement is shared below.
