Is this just the tip? OU Foundation may face possible ethics probe for unreported gifts

From Today OU Daily 

OU Foundation may face possible ethics 

probe for unreported gifts

Nicholas Harrison/The Daily

Wednesday, January 19, 2011

The OU Foundation may be under investigation by the Oklahoma State Ethics Commission for failing to report gifts to university officers and employees.

The Daily submitted a complaint to the commission Dec. 13 stemming from the OU Foundation’s denial of an open records request first reported Dec. 7.

Although the foundation invoked a statute that allows them to keep donor information confidential, the state attorney general’s office had issued an opinion in 2002 that indicated it must still comply with all applicable state ethics laws.

In his 2002 opinion, Attorney General Drew Edmondson wrote, “The authority of a public body to keep donors’ identities confidential is tempered by the rules of the commission.”

Edmondson noted state officials and employees are required to be independent and impartial and to exercise their powers and prerogatives without prejudice or favoritism.

Anyone who does business with a state entity is required to report any gift to a state officer or employee with a cost of more than $50, according to state statutes.

 

On its official website, the foundation’s audit report indicates it has several contracts with the university and provided $21,644,682 in salary supplements in 2010 and $28,824,589 in 2009. However, when The Daily contacted the commission, no reports were filed by the foundation.

At its regular meeting Dec. 21, the commission acted on two complaints, voting unanimously “there was a reasonable basis to believe that a violation of constitutional ethics rules had occurred.”

Immediately after the meeting, Marilyn Hughes, executive director for the commission, confirmed an investigation had been opened on the OU Foundation. 

 However, when contacted by The Daily on Tuesday, Hughes said she could neither confirm nor deny the investigation.

All information regarding ongoing investigations is kept confidential in accordance with state law. After a complaint is submitted it is presented to the commission by the executive director during a closed executive session, said Rebecca Adams, general counsel to the commission.

If the commission determines rules have been violated, there is no guarantee the findings will be available to the public.

At its discretion, the commission may resolve a possible rules violation by issuing a private reprimand which remains confidential. They may also issue a public reprimand, reach a settlement or bring a lawsuit to court, Adams said.

A the time this story was written, OU Foundation President Guy Patton and OU Press Secretary Chris Shilling said they had not been contacted by the commission. They were not aware the foundation was the subject of an investigation and could provide no comments.

Corrections Training Academies to Move to OKC

Action Will Save
More Than
Half-Million Dollars
a year!

The Department of Corrections will relocate its correctional officer training from Wilburton to the Highway Patrol Training Center in Oklahoma City, officials announced today.

The agency will also relocate a separate employee training facility from the OU College of Continuing Education in Norman to the Oklahoma City facility.

The move is expected to save the state more than $500,000 without a reduction in services.

“In this time of budget downturn, this is going to save money in one of our most vital public safety areas – corrections,” said state Sen. Anthony Sykes, a Moore Republican who chairs the Senate Appropriations Subcommittee on Public Safety and Judiciary. “This helps both agencies better utilize existing resources in the most cost-effective way possible while maintaining public safety standards.”

Sykes noted the announcement comes a day before Senate Republicans plan to discuss their public safety agenda – on Thursday at an 11 a.m. press conference.

“This move will centralize and consolidate training for correctional officers,” said state Rep. Randy Terrill, a Moore Republican who chairs the House appropriations subcommittee on public safety and judiciary. “We believe this move will produce a nice synergy between the DPS and DOC and save taxpayer money while maintaining training standards.”

Closing the Wilburton facility is expected to save about $250,000 annually and moving the training center at the College of Continuing Education at OU will save another $350,000 – bringing the total annual savings to approximately $600,000.

Staff at the Wilburton and OU facilities will be relocated to fill higher-priority positions currently vacant or understaffed at DOC.

The Department of Corrections just completed the agreement with the Department of Public Safety to use the DPS facility.

As part of the agreement, inmate labor will be used to provide food, janitorial, maintenance and grounds-keeping services at the Oklahoma City facility. As much as 70 percent of food products served at the facility will come from prison farms.

“From a budget standpoint, the Department of Corrections is out of cash,” said Justin Jones, director of the state Department of Corrections. “We have no other option than to look at consolidation of services with other state agencies. This happened to be one option that was very workable and amenable to both state agencies and it provides greater efficiencies without reduction in quality of training or reduction in public safety preparedness.”

“Some agencies have assets that can be used by other agencies in these tough economic times,” said Commissioner of Public Safety Kevin Ward. “It appears the Department of Public Safety’s facility is compatible with DOC’s training needs, so we are glad to share assets and make better use of personnel and infrastructure at both agencies. By combining resources, we believe our two agencies will both save money and put out a great work product.”

The move should also enhance recruitment and retention efforts as well as save some correctional officers the cost of extensive travel to southeast Oklahoma to attend the more-than-month-long training sessions.

SENATOR SYKES TAKE EXCEPTION TO PEW CENTER STUDY ON PUBLIC SAFETY, CORRECTIONS

Responding to a study reported Wednesday by the Associated Press, Senate President Pro Tem Glenn Coffee and Senator Anthony Sykes said the Pew Center’s Public Safety Performance Project uses flawed data and is affiliated with an organization that is proven soft on criminals.

“The lead story in today’s Oklahoman cites a study that ranks Oklahoma number two in percentage of population behind bars, with an enormous rate increase over the past 25 years,” said Coffee. “But there are several problems with their statistics.”

Coffee says the Pew study was done in conjunction with the Vera Institute of Justice – a liberal organization known to endorse leniency toward law-breakers.

“A predecessor of Vera brought us Cal Hobson’s notorious sentencing grid – ten DUI’s before you go to jail…release violent offenders – the greatest hits of the ‘can’t we all just get along’ crowd,” said Coffee, “and now they presume to tell Oklahoma that we incarcerate too many of our bad guys.”

“Further, the figures they cite cover the past 25 years. What they don’t acknowledge is the great progress we’ve made in the past ten years,” he continued.

“What the Pew Center and Vera don’t want you to know is that since the reforms enacted during the Keating administration, incarceration rates in Oklahoma have dropped, while many other states have increased in that same time period, particularly those that followed Vera’s recommendations.” Coffee said.

Senator Sykes, a former public defender and Chairman of the Senate Appropriations Subcommittee on Public Safety and Judiciary, said “I am committed to ensure that the recent positive indicators within the Department of Corrections continue.

“In the current fiscal year, the inmate population has actually declined in Oklahoma,” he continued. “Recent data proves that Oklahoma’s DOC is now among the most efficient in the nation.”

Coffee noted that while Oklahoma’s incarceration rate has dropped, violent offenders’ rate has increased, which has lowered the cost to victims, potential victims, and society in general.

“James Q. Wilson, one of America’s preeminent social scientists, was quoted in a recent Washington Post, observing that the typical criminal commits from 12 to 16 crimes a year – not counting drug offenses,” Coffee said, “and Wilson points out that sending a higher fraction of convicts to prison resulted in lower rates of crime, and a resulting savings to victims and our society. A high risk of punishment reduces crime, and deterrence works,” said Coffee.

“In addition, Oklahoma is far below the national average in average cost per prisoner per day,” Coffee added. “Oklahoma is being more fiscally responsible than most states when it comes to corrections, while keeping our citizens safer.

“But talk is cheap,” Coffee said. “Facts tend to get in the way of a good story, so let me offer a few facts not mentioned in the Pew report or by those quoted in yesterday’s AP story…”

· Ranking 7th in the nation, Oklahoma is one of 12 states since 2000 whose incarceration rate has dropped. Since 2000, our incarceration rate has declined by nearly 25 inmates per 100,000 residents. The national average is a growth rate of 28 inmates per 100,000 residents.

· Only 5 states' prison population decreased as a percentage more than Oklahoma's (1.5%) between 2006 and 2007. And we are one of only 13 states whose inmate population decreased from 2006 to 2007. (Source Bureau of Justice Statistics, "Prisoners in 2007")

· Oklahoma ranks 41st in the USA in spending per inmate per day. Our costs are 33% below the national average per diem costs for correctional systems.

(Source, MGT Audit)

· In the current fiscal year, the inmate population has actually declined.

· Last year, the inmate population was projected to increase by 1238 and grew by only 219.

“Some of this decrease is due to the recommendations adopted from the MGT Audit requested by the Legislature which has led to better internal efficiency practices of inmate processing and management at DOC,” said Coffee. “What the MGT Audit really highlighted was the fact that inefficient management at DOC not only led to a bloated Department budget but a bloated state prison population.”

“Further, the Legislature has invested heavily in drug courts, which continue to show positive results of diverting drug offenders from prison,” Coffee added. “The current allocation to drug courts is $21 million.”

Coffee also noted the increase in appropriations to the Department of Mental Health and drug courts. Appropriations in FY'05 totaled $155.4 million. The budget increased by $8 million in FY'06 and again in FY'07 for drug court expansion. The FY'09 appropriation is $209.5 million.

“The expansion in drug courts is believed to have led to a reduction in drug offender admissions at DOC and saved the State prison costs,” said Coffee. Considering a drug court offender's annual cost averages about $5k a year vs the $18k a year in a DOC facility, we’re pleased with the results in terms of public safety and fiscal responsibility.

“Finally, it should be pointed out that a DOC official bemoaned the small reduction in the Community Sentencing program’s appropriations last year,” Coffee said. “This has been a bonus to the citizens, however, as the DOC is now doing a better job of management internally, which is leading to a decline in the state incarceration rate.”

Coffee also points out that Oklahoma’s investment in private prisons is a key component in the lower cost of corrections.

House District 45 race draws candidates, money

House District 45
race draws candidates, money

A campaign to unseat an incumbent Norman lawmaker is drawing both candidates and money, documents filed with the state Ethics Commission show.

With less than two weeks remaining before candidates can officially file for office, the House District 45 race had already drawn three Republican candidates -- David Hopper, Aaron Stiles and Ron Henderson, who announced for the seat earlier this week. A fourth GOP candidate, Les White, also is expected to announce candidacy for the office.

The winner of the primary election will face incumbent Democrat Wallace Collins this fall.

Those candidates, Ethics Commission documents show, have raised a total of $42,140 for their various races.

So far, Collins leads the group in generating money.

According to Collins' campaign contributions and expenditures report, Collins raised $10,364 this quarter for this re-election bid.

Collins reported carryover funds -- from either a previous report or previous campaign -- of $14,329. He reported $8,464 in personal contributions for the quarter and $1,900 in contributions from political action committees during the same period.

Collins also reported spending $1,725 for the quarter.

Those contributions bring Collins' total to $26,762 -- $18,884 in personal contributions, $6,450 in contributions from political action committees and $1,428 in other receipts.

Total expenditures for Collins' campaign stand at $9,264. Collins listed $23,031 in remaining funds.

Collins said he was pleased by the results.

"Fundraising is always one of those tasks you have to do," he said. "I don't necessarily enjoy it, and I think you always wish you were doing better, but, at the same time, I feel comfortable with where I am."

Collins said he expected contributions to increase after the legislative session.

"I feel like some people are holding off until after the session is over," he said. "Right now I haven't been real focused on fundraising, I've been spending time on the bills and issues which are a passion for me. But starting next Saturday, I'm sure I'll be devoting more time to it."

Collins' contributors included former Gov. David Walters, $100; former House member Danny Hilliard, $250; the Chickasaw Nation, $1,000; former state Senate Pro Tempore Cal Hobson -- $100; and Democratic Party activist Betty McElderry, $300.

Republican David Hopper reported a total of $8,645 raised for his campaign. That figure, Hopper's report said, was from personal contributions made to his campaign from Jan. 1 through March 31 of this year.

Hopper listed $743 in expenditures and $7,910 in remaining funds.

Hopper said he felt comfortable with where his fundraising was.

"I feel like I'm doing fairly well," he said. "I haven't reached my target yet, but I've raised enough money to do what I want to do so far."

Hopper, a former Norman city councilman, said he hasn't had to aggressively raise money for several years and that raising funds for a legislative race involved a different strategy.

"The last time I ran for council I was unopposed," he said. "So it's been about four years since I've really had to raise money for a race. But, like I said, I feel comfortable with where we're at."

Those giving to Hopper's campaign include Thomas Sherman, a banker, $250; G and G Development of Norman, $588; Harold Heiple, a Norman attorney, $500; and developer James Adair, of Adair and Associates, $1,000.

The Stiles campaign reported a total of $4,145 raised during the first quarter of the year.

Stiles also reported carryover funds -- from last fall's report -- of $1,248, personal contributions of $1,845 and $2,300 in loans during the Jan. 1-March 31 reporting period.

Total funds for Stiles were listed at $6,733, including $88 in in-kind contributions.

Stiles reporting spending $575 during the first quarter of 2008 and total expenditures of $1,827. He listed $4,817 in remaining funds.

Stiles' contributors include Republican activist Charlie Meadows, $50; state Senate candidate Steve Russell, $250; Norman physician Karl Langkamp, $150; retired military officer Don Link, $100; and Norman resident Joanne Klusmeyer, $150.

Stiles said his contributions have come from "the voters in the district."

"I think I've got a good message and people are responding to it well," he said. "I've never been a candidate for office before, and I don't have the political background that some of my opponents do."

Democrat Partisans Behind Quran Attack Ad?

Hat Tip to Mike @ http://wwwtmrcom.blogspot.com/2007/11/democrat-partisans-behind-quran-attack.html


The signers of a half-page ad attacking state lawmakers for declining copies of the Quran are largely partisan Democrats, State Rep. Mike Reynolds, R-Oklahoma City, said today.

"Virtually every person involved in this attack ad is a Democrat or Democratic campaign contributor," said Reynolds, who monitors political dollars with an intensity few can match.

Headed "A Letter to Oklahomans," the advertisement is signed by more than 100 individuals, including
Attorney General Drew Edmondson and his wife Linda,
and
Secretary of State Susan Savage, a former Tulsa mayor.

Others signing the letter include
former Treasurer Robert Butkin, now a University of Tulsa law professor;
Energy Secretary David Fleischaker;
former Senate President Pro Tem Cal Hobson;
Pulitzer Prize-winning author N. Scott Momaday;
Norman Mayor Cindy Rosenthal;
Secretary of Environment Miles Tolbert;
former Attorney General Mike Turpen; and
former Tulsa lawmaker Penny Williams.

A spokesman said those signing the letter belong to no formal organization, although many of them met through the Oklahoma Symposium, a three-day event held every year at Quartz Mountain State Park.

"It's clear this group is simply throwing up a smokescreen to divert attention from Governor Brad Henry's sponsorship of Muslim activists in state government."

The Governor's Ethnic American Advisory Council, which consists of Muslim activists, recently received national attention for its efforts to provide "Centennial edition" copies of the Quran (the holy book of Islam) to Oklahoma state lawmakers. Several legislators did not accept copies of the book.

The council's official efforts have included "outreach" programs targeting Oklahoma school children and efforts to introduce Muslim content into school textbooks endorsed by state regulators, Reynolds said.

On Sunday, a half-page ad signed by 147 individuals ran in the state's two largest newspapers attacking lawmakers who did not cave in to the demands of council members, Reynolds said. Of the 147 signers, 123 are registered Democrats, seven are registered independents and seven are Republicans according to voter registration records, Reynolds said.

He said 10 individuals could not be found in state voter registration records. Records show that four of the 14 signers registered as Republicans or independents have contributed money exclusively to Democratic candidates, Reynolds said. Over half of those 14 individuals also share an address with one of the registered Democrat signatories.

"This ad is nothing more than a partisan attack funded by Democrats to benefit Governor Henry. If they don't have the backbone to criticize the militant strain of Islam that resulted in the murder of thousands of our fellow citizens on American soil, that's their right, but I think it's sad that they have allowed political considerations to cloud their judgment," Reynolds said.

He noted that campaign records indicate Ethnic American Advisory Council member Mohammad Farzaneh and members of his family have donated more than $100,000 to Oklahoma candidates, including Henry.

Reynolds renewed his call for Henry to disband or at least reform the council so its membership will include a "truly diverse group of people of Middle Eastern heritage who represent all faiths in that region, not just one."