Reynolds Calls for Legislative Investigation of State Auditor

FOR IMMEDIATE RELEASE:
Contact: State Rep. Mike Reynolds
Capitol: (405) 557-7337

Resolution Calls for
Legislative Investigation
of State Auditor

Special Committee Would be
First Step toward Impeachment

OKLAHOMA CITY (January 24, 2008) - State Rep. Mike
Reynolds today filed legislation to create a special
committee to investigate State Auditor and Inspector
Jeff McMahan and determine whether Articles of
Impeachment should be pursued.

"Given the very serious charges leveled against Mister
McMahan by federal investigators, the members of the
Oklahoma House of Representatives now have a clear
constitutional duty to investigate those charges and
determine if impeachment is appropriate," said
Reynolds, R-Oklahoma City.

House Resolution 1051, by Reynolds, calls for the
creation of a Special Investigating Committee of
the House of Representatives "to conduct a
comprehensive and detailed study and investigation
of the activities of Jeff McMahan, State Auditor and
Inspector ..."

The committee would have the power to subpoena
witnesses, documents and records; take testimony
under oath and request punishment for contempt
for "any disobedience of process."

Speaker Lance Cargill (R-Harrah) would appoint
the committee members.

The process outlined in the resolution is similar to
the one used during the investigation and eventual
impeachment of former Insurance Commissioner
Carroll Fisher.

McMahan has been indicted on one count of
conspiracy, six counts of mail fraud and two counts
of violating the federal Travel Act to promote bribery.

Following McMahan's indictment, several officials
suggested the auditor should step aside until a
conviction or acquittal occurred, but Reynolds said
that may not be legally permissible.

Reynolds noted there is no provision in the
Oklahoma Constitution allowing an elected official to
"step aside" while still retaining office. In fact, he said
some legal experts believe McMahan will effectively
vacate his office should he step aside and, as a result,
could then actually be impeached for "nonperformance
of duty."

Reynolds said he will ask Attorney General Drew
Edmondson to issue a formal opinion on that legal
question.