Sunday, March 16, 2008

Ethics agency will remain independent



Ethics agency will remain independent


Wording in legislation will be deleted that would have taken away the independence of the state's Ethics Commission, the bill's author said Friday.

"The Ethics Commission will be taken out of the bill as soon as I can physically get it out,” said Rep. Ken Miller, an Edmond Republican.

The House of Representatives late Wednesday passed House Joint Resolution 1099, which aims to give the governor authority to appoint the directors of such agencies as the Department of Human Services and the Wildlife and Conservation Commission.

A section also states the governor or his Cabinet secretary would be able to appoint a director of the Ethics Commission. The director's duties would be defined by the Legislature.

Why the change?
In 1990, Oklahoma voters passed a constitutional amendment creating a constitutional Ethics Commission to handle campaign finance reports as well as ethical conduct of state officers and employees. It is to be an independent commission, with the commissioners now in charge of hiring its executive director.

Approval of the measure would put the Ethics Commission under the supervision of the state's executive and legislative branches. Legislators now appropriate money for the commission, but the commission is to be an independent body so it can objectively look into complaints and make rules.

If approved by the Senate, HJR 1099 would be submitted to voters in November.

Gov. Brad Henry has not reviewed the legislation, spokesman Paul Sund said Friday.

"In general, Governor Henry is very protective of the Ethics Commission and opposes any effort to weaken its authority or autonomy,” Sund said.

"This is alarming,” Commissioner John Raley said of the joint resolution.

If the measure would become law as originally written, it would take away the "total and absolute independence of this body,” he said.

Commission Chairman Don Bingham said the proposal is a "direct threat to the day-to-day function of this commission.”

Where did idea originate?
Miller said the idea for the measure came from the "100 Ideas” initiative led by former House Speaker Lance Cargill, R-Harrah. Idea No. 51 proposes changing the constitution to establish a Cabinet system of government in which the governor appoints the heads of the major departments.

Miller said House staff wrote the legislation, and the measure sailed through a House committee without a negative vote. Rep Mike Reynolds, R-Oklahoma City, pointed out the problem with language involving the Ethics Commission when the bill was discussed on the House floor Wednesday night.

Miller said he told Reynolds he would delete the reference to the Ethics Commission.

It was Reynolds who brought the measure to the commission's attention during its monthly meeting Friday at the state Capitol.

"You need to be very vigilant,” Reynolds said to the commission members.

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