Oklahoma House GOP to pick leadership team

After helping to increase his party's political control of the state House to the largest margin ever, Republican House Speaker Chris Benge is expected to remain in the post when House Republicans gather at the state Capitol Friday to select a leadership team for the next two years.

Benge, of Tulsa, was chairman of the powerful House Appropriations and Budget Committee when he was elected speaker in January after Rep. Lance Cargill, R-Harrah, resigned from the post following revelations that he submitted late property tax payments and did not file state personal income tax returns. Cargill did not seek re-election.

Since becoming speaker, Benge has won praise from GOP House members for his methodical governing style and assistance during this fall's round of elections in which he helped raise campaign funds and even made phone calls and campaigned house-to-house for GOP candidates.

"Speaker Benge was extremely active in our campaign cycle. I think the results bear that out," said Rep. Ken Miller, R-Edmond, who succeeded Benge as House budget chairman. "Speaker Benge did an excellent job of managing our races and equipping them with the funds necessary to be successful."

In addition to Benge, Rep. Mike Reynolds, R-Oklahoma City, is seeking the House's top job. Reynolds said that while he has no animosity toward Benge, he believes Benge has been slow to reverse what Reynolds said was a "very dictatorial" leadership style imposed during Cargill's time as speaker.

"While we are selecting new leaders, what we have not discussed is leadership style," Reynolds said. "I think Chris Benge is an honorable guy. But he had a year to change things and he didn't. He has not addressed even now what changes he might implement if he is elected speaker."

Reynolds said he wants House leaders to develop an inclusive approach to governing that encourages all members of both political parties to participate.

"I want everyone at the table, starting from within our caucus," Reynolds said. "I hope he will try to change the direction of our caucus."

Other House Republicans indicated Benge will easily be re-elected speaker.

"I don't anticipate him having any trouble whatsoever. He's got near unanimous support in the caucus," said Jason Nelson of Oklahoma City, a newly elected House member who said Benge helped him in a difficult campaign that he won with less than 51 percent of the vote.

"The speaker was tremendously helpful. Anything I needed him to do he helped with," Nelson said.

Rep. Dennis Johnson, R-Duncan, said Benge was very helpful in winning re-election in a district that was among the seats targeted by House Democrats.

"Speaker Benge was kind enough, at my invitation, to come down and knock on doors with me. I appreciated his help," Johnson said. "I highly respect our speaker. He came in at a very difficult time and has had a steady hand."

House Republicans will also decide whether Speaker Pro Tem Gus Blackwell, R-Goodwell, will remain in his position. Reps. Kris Steele, R-Shawnee, and Don Armes, R-Faxon, are also seeking the job.

Reps. John Wright, R-Broken Arrow, and Scott Martin, R-Norman, are seeking the caucus chairman job currently held by Wright.

Friday's caucus vote will be ratified at a Jan. 6 organizational meeting of the full House.

Oklahoma Ethics Commission approves NEW reprimand in ethics case

The Oklahoma Ethics Commission has agreed to issue another public reprimand, presumably of a state official, but is not revealing the person's identity until a draft of the reprimand is revised.

The action came at a meeting Friday of the ethics panel, which three weeks ago reprimanded former state House Speaker Lance Cargill, R-Harrah, in a campaign fundraising case.

Ethics Commission officials would not discuss any details of the new reprimand, which was voted upon after a closed-door session.

Chairman Don Bingham of Tulsa said the identity of the person being reprimanded would be withheld until the panel's staff could make revisions to the document outlining the reasons for the action.

Bingham said details would probably be released on Tuesday.

Last month, Cargill drew a reprimand for his role in the funneling of more than $30,000 in contributions intended for the Oklahoma Republican Party to a committee of the Oklahoma County GOP for legislative races.

Some contributors complained that they intended their money to go to the state committee for general use on behalf of Republican causes and were surprised to learn that it was sent to the county.

In other action, the commission began discussion of proposed ethics rules to be submitted to the 2009 Oklahoma Legislature.

One proposal by Tulsa attorney Andrew Downing would allow companies and corporations to solicit political contributions from their employees twice a year.

Another proposal would establish a "no gift list" at the ethics agency. Legislation to set up such a list was introduced this year, but failed to win legislative approval.

John Wood, professor at Rose State College, said North Carolina has such a registry, which allows lobbyists to check for any legislators who do not want to receive gifts.

Wood said six states ban gifts altogether.

OKLAHOMA ETHICS COMMISSION PUBLICLY REPRIMANDS

This is why I blog: Oklahoma NEED a Sarah Palin for Governor in 2010 !


FOR IMMEDIATE RELEASE
AUGUST 29, 2008

ETHICS COMMISSION PUBLICLY REPRIMANDS REPRESENTATIVE LANCE CARGILL, THE REPUBLICAN STATE HOUSE COMMITTEE AND THE OKLAHOMA COUNTY REPUBLICAN COMMITTEE FOR MULTIPLE ETHICS RULE VIOLATIONS


The Ethics Commission today announced that it has publically reprimanded REPRESENTATIVE LANCE CARGILL, the REPUBLICAN STATE HOUSE COMMITTEE and the OKLAHOMA COUNTY REPUBLICAN COMMITTEE for multiple violations of the Constitutional Ethics Rules [“the Rules”], Section 257:1-1-1 et seq. of the Rules of the Ethics Commission, 74 O.S. Supp. 2008, Ch. 62, App.

The basis of the reprimand was stated as follows:

Simply put, this is a case of the redirection of campaign contributions intended for one party committee, to another, contrary to the intent of the donors. It resulted in the contributors being made to support candidates against their conscience and in violation of several provisions of the Ethics Rules, which are designed to safeguard campaigns in Oklahoma.

PUBLIC REPRIMAND, Statement Of The Case, 2 ¶, at p.1nd

The facts were that surplus campaign checks given by certain Republican Members of the Oklahoma House of Representatives, intended for the “Victory Fund” of the Oklahoma Republican Party [“State Party”] to support the State Party’s agenda and roster of candidates, were re-routed to the Oklahoma County Republican Committee [“OCRC” or “County Party”] and used for an entirely different slate of candidates and purposes, contrary to the indent of the donors. The reprimand document describes the activity in detail.

The Ethics Commission unanimously voted to issue the reprimand at its regular meeting held August 22, 2008, subject to the Chairman’s approval of the final draft of the document. The document was today approved for dissemination to the public and the respondents, per their attorneys of record.

Following a thorough investigation, the Commission found that the material facts were not in dispute, nor was the controlling authority. There was a deliberate intent to circumvent the law.

The Commission relied upon the testimony of four members of the House of Representatives who were surprised to learn that checks they had written to the State Party Victory Fund for ORP causes and candidates had, contrary to their will, ended up in the coffers of the County Party.

The Ethics Commission is currently made up of Chairman Don Bingham, appointed by then-Speaker Larry Adair as the appointee of the Speaker of the House of Representatives; Vice Chairman John Raley, appointee of Attorney General Drew Edmondson; James Loy, appointee of then-Chief Justice Joseph Watt of the Oklahoma Supreme Court; and Jo Pettigrew, appointee of Governor Brad Henry.

The Ethics Commission was empowered by a constitutional amendment passed in 1990 to promulgate and enforce civil penalty rules of ethical conduct for state officers and employees, as well as for state campaigns. It is authorized under Article 29, Section 4 of the Oklahoma Constitution to investigate, and when it deems appropriate, prosecute violation of its ethics rules.

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http://www.ok.gov/oec/documents/IV-2007-008-PR.pdf

-CERTIFIED MAIL-
August 29, 2008
Representative Lance Cargill
% Robert McCampbell, Attorney of Record
RETURN RECEIPT REQUESTED
20 N. Broadway, Suite 1800
Oklahoma City, OK 73102-8273

Republican State House Committee
% Todd A. McKinnis, Attorney of Record
Kirkpatrick Bank Building
15 E. Fifteenth Street, Suite 200
Edmond, OK 73083-1569

Oklahoma County Republican Committee
% Tom Prince, Attorney of Record
204 E. Second Street
Edmond, OK 73083-2911

RE: INFORMATION NUMBER IV-2007-008 / LETTER OF PUBLIC REPRIMAND
Lance Cargill, Member of the Oklahoma House of Representatives; Republican State House Committee, an Oklahoma Political Action Committee; and the Oklahoma County Republican Committee, an Oklahoma Party Committee; Respondents

TO ALL RESPONDENTS:
The Ethics Commission of the State of Oklahoma met in regular meeting August 22, 2008.

It considered this matter in executive session, as required by law. In open meeting, referring to it by number, the members unanimously voted to issue all referenced Respondents a public reprimand for five (5) separate counts of violations of the Rules of the Constitutional Ethics Commission [“the Rules”], Section 1-1-1 et seq. of the Rules of the Ethics Commission, 74 O.S. Supp. 2008, Ch. 62, App.

STATEMENT OF THE CASE

Simply put, this is a case of the redirection of campaign contributions intended for one party committee, to another, contrary to the intent of the donors. It resulted in the contributors being made to support candidates against their conscience and in violation of several provisions of the Ethics Rules, which are designed to safeguard campaigns in Oklahoma.

STATEMENT OF FACTS
PERMISSIBLE WAYS IN WHICH
CAMPAIGN DOLLARS MAY BE SPENT

Use of campaign funds is strictly regulated in this State. Such money may never be converted to personal use but, together with earned interest, must defray campaign expenditures.

The law also permits those elected to access these funds for “ordinary and necessary nonreimbursed officeholder expenses,” including payment of debts of his or her former election campaign, expenses in a future race, as well as political and community activity.

Use of campaign contributions and use of surplus funds

(a) Candidate committees.

(1) Use of campaign contributions. Contributions accepted by a candidate committee may not be converted by any person to any personal use, but shall be used, together with any interest income earned on such contributions, to defray any campaign expenditures or any ordinary and necessary nonreimbursed expenses incurred by the person in connection with his duties as a holder of the state office, including, but not limited to:

(A) payment of debts of a former election campaign of the same candidate,

(B) payment of expenses for use in a future election campaign of the same candidate,

(C) for political activity,

(D) for community activity or

(E) for nonreimbursed office related expenses.

Said contributions shall not be used for any other purposes except as permitted in Paragraph (3) of this subsection.

* * *
Sec
tion 257:10-1-20(a)(1)
The Rules also specify use of surplus campaign funds – meaning the unexpended balance, not otherwise obligated for campaign debts. Those may be spent for:
* * *

(3) Use of surplus funds. The surplus funds may:

(A) be deposited with the State Treasurer to the credit of the
General Revenue Fund;

(B) be returned to the contributors pursuant to any formula approved by the candidate; provided, any amount returned to a contributor shall not exceed the amount of the original contribution;

(C) be contributed to a charitable organization;

(D) be retained by the candidate or candidate committee for use in a future election for a six-year period following the General Election for the same or a different office;

(E) be used to defend legal actions or proceedings arising out of the campaign, election, or the performance of the candidate's official
duties as a state officer; provided that such funds shall not be used to
defend criminal charges;

(F) be used for a community activity;

(G) be used for political activity;

(H) be transferred to the state or local central committee of a political party; or

(I) be distributed using a combination of these options.

* * *
Id., (3) [emphasis added]
The Rules thus permit a candidate’s surplus campaign funds to be transferred to the state or local central committee of a political party.

REPUBLICAN HOUSE MEMBERS TRANSFER SURPLUS CAMPAIGN FUNDSTO THE STATE PARTY “VICTORY FUND”

During the months of September and October in the 2004 election cycle, then-Minority Leader Todd Hiett [Hiett”] solicited campaign funds from sitting members of the Republican Caucus of the Oklahoma House of Representatives [“Republican House members”]. He asked that contributions of surplus campaign funds be made to the State Party’s “Victory Fund.”

The latter was a designated portion of ORP’s state bank account. It was used for “get-out-the vote” efforts, voter registration drives, party advertising and to help elect Republicans to state and federal office. The fund was held and operated exclusively by the Oklahoma Republican Party [“ORP” or “Republican State Party” or “State Party”]. Hiett’s solicitation was thus in accordance with Rules’ Section 257:10-1-20(a)(3)(H).

Those solicited understood that their Victory Fund contributions would be spent according to decisions made by appropriate committees and officers of the Republican State Party. The Chairman of the latter was, and is, Gary Jones [“Jones”]. Jones explained that, according to internal rules, State Party support is never the decision of a handful of people, but of many, drawn from various levels of the party. Jones said the goal is to have broad representation on the committee which decides.

THE STATE REPUBLICAN PARTY PURSUES
A BROAD-BASED AGENDA

The Victory Fund was to promote a statewide Republican effort in the 2004 elections. As noted, it encompassed a statewide voter registration drive and “get-out-the-vote” campaign. It included party advertising.

RSHC members were told that a “rising tide lifts all boats.” In other words, these measures would benefit every Republican on the ballot.

The State Party also supported certain ORP-selected state and federal candidates. Its roster included those seeking statewide office, as well as federal candidates. For instance, former- Congressman Tom Coburn received State Party support in his bid for a United States Senate seat.

COUNTY PARTIES ADVANCE
A MORE MODEST AGENDA

County parties direct their efforts in different ways. Their means are more modest, as are their goals. Even the larger ones – like those in Oklahoma and Tulsa Counties – raise far less money than does the State counterpart. County Party committees support fewer candidates.

Historically, they focus on local races. While not confined to such, they often concentrate on county elections or candidates to the State Legislature who represent areas within their borders.

Oklahoma County Republican Committee [“OCRC” or “Oklahoma County Party” or “County Party”] is a large County Party. It is an active one. Nonetheless, that entity did not fund statewide “get-out-the-vote” campaigns. It did not support candidates for federal office.

Its agenda did not mirror that of the State Republican Party. Its interests were narrower. Until 2004, OCRC may have occasionally contributed outside of Oklahoma County, but its focus was upon candidates representing districts within its boundaries.

The State and County Republican Parties therefore did not share agendas. Given what later transpired, their interests in 2004 were actually adverse.

CARGILL’S ROLE IN THE 2004 CAMPAIGNS

Representative Lance Cargill [“Cargill”] participated in the 2004 Victory Fund solicitation of Republican House members. He did this in his individual capacity. But, in reality, According to the Rules, Cargill could not serve as the official chairman of RSHC1 without committee contributions counting against his personal campaign limits. It was thus necessary for another to serve as titular committee chairman.

The total amount of Republican House member surplus fund-contributions to the Victory2 Funds was $44,000.

Several Republican House members later issued a joint statement that they did not mind3 that their donations were re-directed to the County – as opposed to the State – Republican Party Committee. The Commission notes that, when tendering a campaign contribution, present donative intent controls. A subsequent declaration does not change the payee. he acted as the “de facto” Chairman of the Republican State House Committee [“RSHC” or “House PAC”]. Several of those solicited thought he, in fact, headed RSHC.1

The operation was successful. Pursuant to the Victory Fund solicitation, the following House members wrote checks from their surplus funds to the State Party. Checks were written on the cited dates and in these amounts:

Cargill for the House Committee (9/14/04), $1,500; Friends of Don Armes
Committee (9/04/04), $1,000 and (10/06/04), $3,000; Friends of Chris Benge Committee (9/13/04), $3,500; Mark Liotta for State Rep. Committee (9/14/04), $5,000; Todd Hiett for State Rep. Committee (10/15/04), $5,000; Newport State Rep. Committee (10/18/04), $1,000; Friends of John Smaligo Committee (10/15/04), $3,000; Friends of John Smaligo Committee (10/22/04), $2,000; Friends of Raymond Vaughn Committee, $5,000; Friends of Susan Winchester Committee, $3,000; John Trebilcock for State House Committee (10/11/04), $3,500; Friends of Ron Peters Committee (10/11/04), $4,000; Committee to Re-Elect Fred Perry (10/6/04), $1,000; Friends for Dale Dewitt 2004 Committee (10/8/04), $2,500. 2

At the point of tendering these instruments, House members intended them for the State Party, since it alone had the “Victory Fund.” 3 But, the checks were diverted. Instead of the State Party – as was intended by the donors – they ended up in the coffers of the OCRC.

The reason was clear. Cargill told members that 2004 was the year the Republicans could win a majority of seats in the Oklahoma House of Representatives. Like all elections, success requires money. Cargill felt that Victory Fund money raised from House members should be spent on House races. Operatives appeared at State Party headquarters with some House members’

All checks were made payable to the “Oklahoma Republican Party,” except the4 following: Two checks from Smaligo were designated: “Republican Party.” Representative Fred Perry left blank the name of the payee. Representative Jim Newport was asked for a second check to replace the first. The latter – and it alone – was made out to “Oklahoma County Republican Party.” Representative Mark Liotta’s check bore a memo which stated: “Victory Fund Campaign Contribution” – consistent with his making the check to the “Oklahoma State Republican Party.”

After-the-fact, the word “State” was crossed out and “County” was written in, instead. campaign checks, together with a list of where those funds should be spent. Jones reluctantly permitted it on an emergency basis, but then stopped the practice. His position was that Victory Fund money was to be spent on Victory Fund – meaning statewide – efforts, and not confined to carefully selected House races.

This posed a problem. As noted, the Rules permit transferring surplus campaign funds to a State or Central Committee of a political party – not a PAC, like RSHC. Since the ORP had declined to earmark House-raised funds for expenditures in certain House races, another party committee was needed. Al Mertens, then serving as OCRC Chairman, agreed to accommodate the Cargill/RSHC plan. The OCRC board later acquiesced.

ORP VICTORY FUND CHECKS
ARE ROUTED TO THE COUNTY PARTY

The County Party received the above- listed donations intended for the ORP Victory Fund.

It began paying for polling, compensation of campaign workers called “Field Reps,” and other expenses associated with select House races.

While the record supports a broader finding, the Commission has chosen to base its case upon the testimony of four Republican House members who have maintained throughout they never intended donations of their surplus campaign funds to go anywhere but the State Republican Party.

Those four are: Hiett, Representative Susan Winchester [“Winchester”], former Representative Ray Vaughn [“Vaughn”] and Representative John Trebilcock [“Trebilcock”].

The surplus campaign checks – including the checks of these four – were either collected from Republican House members by Cargill and/or his designees, agents or employees. Or, they were mailed to the State Party, but somehow ended up with titular Chairman of RSHC, Aaron Curry [“Curry”]. These surplus campaign checks were made payable to “ORP, the “Oklahoma Republican Party” or a variation of that name – with the intent that the funds go to the State Party.4 A number of Rule violations ensued.

RULE VIOLATIONS

COUNT ONE
The Rules require those gathering or receiving contributions to provide them to the payee’s treasurer within five (5) days of receipt. The State Republican Party Treasurer never received them.

In gathering Republican House members’ checks to the Victory Fund, Cargill and RSHC were jointly and severally charged with providing these instruments to the State Party treasurer within five days. This was never done, in violation of Rules’ Section 257:10-1-10(d), which provides:
Campaign depositories and campaign accounts
* * *
(d) All contributions, other than in-kind contributions, accepted by the committee,
directly or indirectly, shall be deposited in a campaign account within ten (10) days after
acceptance. All contributions received by a deputy treasurer or agent of the committee,
including the candidate, on behalf of a committee shall be provided to the treasurer or,
in the treasurer's absence, the deputy treasurer not later than five (5) days after receipt.
* * *
Section 257:10-1-10

COUNT TWO
Certain of these House member checks were tendered without a Contributor Statement.

Contributions of John Trebilcock and Ray Vaughn were not accompanied by the Statement. Nor has any been provided to date, because neither ever filled out nor signed the form.

Both checks were cashed in the absence of a Contributor Statement. Their contributions were therefore accepted, and deposited, in violation of Rules’ Section 257:10-1-2(c). Contributions
* * *
(c) Contributor statement. Within ten (10) business days of accepting a single
contribution exceeding fifty dollars ($50.00), or before accepting multiple contributions from a single source which exceed fifty dollars ($50.00) in the aggregate, persons accepting contributions must obtain from each contributor a statement which shall include:

(1) the date the contribution was given;

(2) the name and address, occupation [e.g."retail sales clerk"] and
employer [e.g. "Dillard"], or principal business activity of the contributor; a contribution from a person other than an individual or a committee shall be reported by the name of the person or committee and not the individual who signed the check;

(3) the amount; if in-kind, a description of the contribution and a good faith estimate of its fair market value;

(4) a declaration that the contribution is for a campaign in the State of Oklahoma, and the contribution is freely and voluntarily given from the contributor's personal property, if an individual, or the person or committee's property, if other than an individual;

(5) a declaration that the contributor has not been directly or indirectly compensated or reimbursed for the contribution, if an individual, and, if a person other than an individual or a committee, that the person or committee has not been compensated or reimbursed for the contribution by persons:

(A) other than those from whom contributor statements have been received and of whom disclosure has or will be made; or

(B) if from persons exempted from the definition of political action committee, by other persons; and

(6) the signature of the contributor, or in the case of a committee, the treasurer or, in the treasurer's absence, the deputy treasurer of the committee.

Persons accepting contributions from contributors who contribute by payroll deduction, dues check-off, or similar process shall be required to obtain only one contributor statement annually or at such other times as a change is made in the deduction, check- off, or similar process.
Section 257:10-1-2(c)

COUNT THREE
Curry offered OCRC the campaign checks with the stipulation that the funds be used to pay specified expenses incurred by RSHC. Expenses included background research into opposing candidates by the law firm of Hartzog, Conger et al., polling by Cole Hargrave Snodgrass & Associates for a 300-sample survey, "brushfire polls" conducted by Lowther & Shapard in certain races, and various salaries or fees of Field Reps or consultants. Earmarking contributions to pay expenditures for the benefit of certain candidates violated the provisions of Rules’ Section 257:10-1-
2(j)(2) as follows:

Contributions
(j) Anonymous and earmarked contributions.

* * *
(2) For purposes of the contribution limitations imposed by this section, all contributions made by a person, either directly or indirectly, to or for the benefit of a particular candidate committee, including contributions which are in any way earmarked or otherwise directed through an intermediary or conduit to such candidate committee, shall be treated as contributions from such person to such candidate committee. It shall be prohibited for an intermediary or a conduit to make a contribution to a committee in his or her own name rather than the name of the original source of such contribution. For purposes of this paragraph, an intermediary or conduit means a person, who is not the treasurer, deputy treasurer or agent of a committee, but who is given a contribution by another with the understanding that it will be contributed to that committee. The reports shall show the correct name of the person actually
making the contribution.
* * *
Section 257:10-1-2(j)(2)
As noted, after accommodating no more than two requests on an emergency basis, Jones declined to permit RSHC to earmark Victory Funds for specific races. It was this decision that caused the House PAC to turn to OCRC to do its bidding.

COUNT FOUR
Cargill, RSHC and OCRC then devised a scheme whereby RSHC would circumvent the State Party and direct how the surplus funds were spent. They were aware that surplus candidate campaign funds may not be used as contributions to political action committees [“PACs”]. That precluded depositing the funds in RSHC. They were also aware that, under Section 257:10-1- 20(3)(H), the Rules permit surplus campaign funds to be transferred to the state or local central committee of a political party.
Use of campaign contributions and use of surplus funds

(a) Candidate committees.
* * *
(3) Use of surplus funds. The surplus funds may:
* * *
(H) be transferred to the state or local central committee of a political
party; or
* * *
Section 257:10-1-20(a)(3)(H)
In violation of this rule, Respondents planned to deposit these checks into a county party and have it pay expenses they or RSHC incurred to support their hand-picked candidate campaigns. The plan included earmarking contributions by limiting how the funds might be spent. The County Party was to function as an intermediary or conduit.

Cargill at first considered the Creek County Republican Party as the intermediary/conduit. OCRC was chosen, instead. The matter was discussed with OCRC then-Chairman Al Mertens [“Mertens”] who agreed. Curry – or his agent, employee or designee – delivered all or part of the above listed checks to OCRC, along with the specific bills and invoices the County Party was to pay.

Rules’ Section 257:10-1-10(d) requires that contributions accepted by an agent of a committee be turned over to the treasurer, or deputy treasurer, within five days of receipt. If directly or indirectly accepted by a committee, the rule then requires the money be deposited in the committee’s campaign account within ten (10) days after such acceptance. As noted, Curry, who accepted the checks from Cargill, failed to timely deliver the checks to the State Party’s treasurer – or deputy treasurer – within five days of receipt in violation of Section 257:10-1-10(d). Instead, he presented them to Mertens, who caused them to be deposited, illegally, in OCRC’s account.

OCRC thus violated this provision.

Outside the lawful time line for acceptance, the County Party not only deposited these checks, it began paying for political consultants, polls and Field Rep’s – expenses incurred by Cargill/RSHC in furtherance of their plan to use State Party money, not for the ORP roster, but earmarking the funds to help elect their personal choice of candidates.

A key part of the scheme was that OCRC was to act as the conduit for RSHC. As noted, the County Party was to accept money from Victory Fund contributors and pay bills to support designated candidates.

Under Section 257:10-1-2(j), contributions which are in any way directed through an intermediary, or conduit, to a candidate committee in its name – rather than the name of the original source – are treated as contributions from the true donor. This means that RSHC checks given to candidates – together with its expenses incurred to assist these candidates (paid for by OCRC) – counted against RSHC’s contribution limits.

COUNT FIVE
Curry served both as RSHC Chair and Treasurer from January 5, 2003 to January 28, 2005.

Jenny Parton [“Parton”] then took over both positions. Parton continued in her dual role until October 17, 2006, when she was replaced by Carolyn Pickthorn [“Pickthorn”], who likewise served as Chair and Treasurer. According to Ethics Commission records, Pickthorn continues in these capacities to date. All have certified the RSHC Campaign Contributions and Expenditures Reports [“Form C-1R”]. These C-1Rs are inaccurate, in that they fail to include the funds involved in the conduit scheme. All are thus in violation of Rules’ Section 257:10-1-14(a)(3) and (20) which
provide.

Report contents
(a) Basic reporting form. The campaign contributions and expenditures report shall include:
* * *
(3) the following information about monetary contributions, including
loans accepted from a person other than a committee:

(A) the total sum of all contributions accepted during
the current reporting period . . .

(B) the total of contributions accepted for the
campaign-to-date or calendar year-to-date . . .
* * *
(20) the signature, or typed signature on electronically filed forms of the treasurer or, in the treasurer's absence, the deputy treasurer, who shall certify that prior to accepting any contribution requiring a contributor statement during this campaign-to-date for candidate committees or calendar year-to-date for other committees, the treasurer, or deputy treasurer in the treasurer’s absence, received a contributor statement therefor and who shall each attest to the report's accuracy and veracity. Within five (5) business days of the treasurer or deputy treasurer of a candidate committee filing a required report, the candidate, or the treasurer of a candidate committee for a candidate seeking judicial office, shall confirm in writing that the report filed was true and correct. The signature shall be verified. Section 257:10-1-14(a)(3) and (20)

In agreeing to this plan, Mertens and other OCRC officers joined Cargill/RSHC in contravening Rules’ Sections 257:10-1-10(d) and 10-1-2(j)(2). All checks, exceeding fifty dollars ($50.00), were accepted unlawfully by the treasurer of a different committee and in the absence of a Contributor Statement. As such, these checks were illegally accepted, deposited and spent by the County Party and were used to pay expenses incurred by RSHC.

From January 28, 2002 to July 6, 2006, Elizabeth A, Rolen [“Rolen”] served as OCRC Treasurer. In such capacity, she prepared and filed a series of C-1Rs on behalf of OCRC. She dated the form and, as treasurer of OCRC, signed her name to the following:

To the best of my knowledge and belief, the above is a true and correct compilation.

Prior to accepting a contribution requiring a contributor statement during this campaign or calendar year-to-date, the treasurer or deputy treasurer received a contributor statement therefor. . . FORM C-1R, Certification, at line 26 [emphasis added] OCRC violated Rules’ Section 257:10-1-14(a)(20) by filing a report in the absence of Contributor Statements. Each instance forms a separate count. OCRC also violated that provision when Rolen, as its treasurer, certified as correct totals – and campaign-to-date totals – which illegally included contributions that OCRC was not authorized to accept and did so without the mandatory Contributor Statements. Each instance of filing such a report also forms a separate count of a Rule 10-1-14(a)(20) violation.

Robert L. Bowman [“Bowman”] took over from Rolen on July 6, 2006. Ethics Commission records show he served as OCRC Treasurer from that time to October 1, 2007. As treasurer, he also prepared and filed C1-R reports which violated these same provisions. OCRC likewise violated Rules’ Section 257:10-1-14(a)(20) by certifying as correct totals, and campaign-to-date totals, which illegally included contributions without the Contributor Statement. Each instance of filing such a report constitutes a separate count of a Rule 10-1-14(a)(20) violation.

A C-1R report filed January 25, 2007 by Representative Mike Duane Jackson [“Jackson”], the Republican nominee in House District #40, listed an expenditure of $3,500 marked as contribution for voter recount. But, on May 17, 2007, Jackson filed an amended C1-R. It showed that a monetary transfer of $3,500 had been made on November 9, 2006 to OCRC. Jackson then deleted the expenditure of the same date for the voter recount. In this matter, Cargill/RSHC again utilized OCRC as a conduit/intermediary. The one solicited surplus funds for the other, so that the County Party might contribute the exact amount for use in the voter recount. In so doing, they again violated Rules’ Sections 257:10-1-2(a)(2) and 10-1-20(a)(H).

In addition, OCRC used House members’ surplus campaign funds to pay the following expenses: Cole Snodgrass Hargrave & Associates — House District [“HD”]13, Stuart Ericson, $2,700; HD45, Thad Balkman, $2,450; HD23, Sue Tibbs, $2,450; HD09, Tad Jones, $2,200; HD26, Kris Steele, $2,800; HD61, Gus Blackwell, $2,450 — less $5,000 "paid by PAC;" Party check #2,500 paid $10,550 toward these expenses. A facsimile transmittal from Veda Shapard, Lowther & Shapard, advised that Aaron Curry had instructed the forwarding of invoices ($500 each) to the Oklahoma County Republican Committee for payment of the following: brushfire polls for the races of HD 61 (Gus Blackwell), HD 13 (Stuart Ericson), HD 8 (Bill Kendrick), HD 12 (Mark Wofford), HD 22 (Preston Edgar), and HD 26 (Kris Steele). Bills from several consultants were also paid by the Oklahoma County Republican Party for candidates races well outside Oklahoma County.

PROCEEDINGS BEFORE THE COMMISSION
AUTHORITY TO INVESTIGATE
The Commission has carried out the investigation of this information pursuant to its constitutional mandate to “investigate and, when it deems appropriate, prosecute” violations of its rules governing ethical conduct of state officers, employees and state campaigns. OKLA. CONST. Art.29, §4(A); §3(A) and (B) The instant proceeding has been conducted in accordance with Rules’ Chapter 30.

SCOPE OF THE INVESTIGATION
The Commission has conducted a thorough investigation into this matter. It has interviewed witnesses, collected documents and searched records. It fully reviewed multiple aspects of this matter. The material facts are not in dispute.

The breadth of these facts, coupled with the complexity of the investigation, has caused the Commission to pursue the RSHC and OCRC committees, rather than their officers. Individuals’ names are required for purposes of the fact record.

JURISDICTION/VENUE
The Commission has and retains both in personam and subject matter jurisdiction over Respondents and all aspects of the conduct in question. The acts charged against Respondents occurred in Oklahoma County, State of Oklahoma, where venue lies.

REPRESENTATION BY COUNSEL
The Commission notes each Respondent was been apprised of the right to be represented by counsel. Each has been represented by counsel of his/their own choosing. Attorneys of record have been afforded the opportunity to reply to all allegations. All did, in fact, reply. Their responses were carefully reviewed and considered by the Commissioners.

REPRIMAND
This letter constitutes the Commission’s Public Reprimand of the Respondents for the cited rule violations. It does not speak to state statutes or provisions of the Oklahoma Constitution but, instead, is confined to the Rules which the Commission enforces.

The Commissioners are charged with enforcing ethical conduct of state officers, employees and campaigns in Oklahoma. This reprimand is the act of the full Commission and not of its staff.

It was authorized in open meeting by a unanimous vote of all four Commissioners. In accordance with agency policy, the final draft of this document was approved by the undersigned, in his capacity as Ethics Commission Chairman. A copy will be immediately provided to the Capitol Media Corps for public dissemination.

This concludes the matter.

Ex-speaker helping others in GOP with campaigns

Ex-speaker helping others in GOP with campaigns
By John Estus
Staff Writer

Former House Speaker Lance Cargill's term as a state legislator is coming to a close, but that hasn't stopped him from advising at least three Republican candidates this election cycle.

Cargill said he chose to work with candidates who embody conservative ideas such as low taxes, limited government and government reform that he worked for while in office.

"There's a number of different ways that you can advance the ball on those, and certainly helping good people get elected is one,” Cargill said.

Cargill, R-Harrah, is not seeking re-election to his House District 96 post.

He resigned from the speaker's position days before the legislative session began in January after it was revealed that he hadn't filed his personal income taxes until after being warned by the state Tax Commission.

He also was repeatedly late paying property taxes, records show.

Other than confirming that he is advising and has endorsed a Republican candidate in his district, Lewis Moore, Cargill declined to identify the candidates with whom he is working.

He also declined to confirm whether he is being paid to advise candidates.

"Simply as an adviser of a campaign, I don't think I should be the one doing that,” he said.

Paying for advice

Ethics Commission rules don't require candidates to identify who they pay as advisers to their campaigns.
However, a Republican incumbent and challenger confirmed that Cargill is advising them and being paid for it.

Oklahoma City Republican Jon Echols said Cargill is one of "many people” advising him in his bid to unseat incumbent Rep. Mike Reynolds, R-Oklahoma City. He said he's paying Cargill for his services, but declined to disclose how much.

Rep. Doug Cox, R-Grove, said Cargill advised him on a previous campaign and that he asked him to do the same this year. Cargill is one of several advisers Cox uses.

Cargill Draws GOP Opponent

hat tip to Mike @ The McCarville Report Online


Mike Idleman announced today that he is a candidate for the Republican nomination in House District 96, the post now held by former House Speaker Lance Cargill.

Cargill has not yet announced if he'll seek reeelection. (But He has file 'Cargill For The House 2008' with the Oklahoma Ethics Commission) Also see: More Republican Member of the Oklahoma House, NOT RUNNING for Re-Election

"I'm a conservative Republican and have never run for political office before. I know this will be a tough race but I'm ready to take up the challenge," said Idleman.

Idleman is a graduate of Oklahoma State University, where he also served as a graduate assistant coach for the Cowboys' football team under head coach Pat Jones from 1990-92. After serving in that capacity at OSU, he moved to Edmond to teach and also coach football and baseball from 1992-2000.

"I believe in a citizen legislature and feel that my background in finance, teaching and coaching lends me a great skill set to go down there and get things accomplished, Idleman said."

"I am also very concerned about the role of money in politics, and plan on proving we don't need to spend several thousand dollars to win a $38,000 a year job. I've knocked hundreds and hundreds of doors, so far and have had a great response by the voters. I plan on just out working my opponents!" said Idleman.

Idleman is currently a small businessman. He owns a court reporting business and is a Regional VP for Primerica Financial Services.

Tardy taxpayers at state Capitol

Tardy taxpayers at state Capitol
Sun April 13, 2008

Rep. Lance Cargill, R-Harrah
Cargill filed overdue federal and state income tax returns after the Tax Commission warned him in January about missing 2005 and 2006 state returns, The Oklahoman reported earlier. He said then he was due refunds. He also paid property taxes late on his Harrah law office six years in a row. The late fees added up to more than $560.
"I take full responsibility,” he said in January.




Rep. Greg Piatt, R-Ardmore
He was late on 2004 business personal taxes on a snow cone stand. Also, his distributing company was late on 2006 business personal taxes, records show. He said the 2006 taxes were the office manager's responsibility. Late fees totaled $4.97.

"Everyone should pay what they owe,” Piatt said. "Obviously, paying late does happen. That's why there are penalties involved. You pay your stuff and you get it right the next year.”


Rep. Don Armes, R-Faxon
Armes fell behind on both income tax returns and property taxes. He was late on his 2005 and 2006 state and federal returns. He said they are in now and he got refunds. He was late on 2001 taxes on his home and 2002 taxes on a rental house. He said those were bank errors. He also was late on 2007 taxes on a house in Lawton he was renovating for sale. He paid Jan. 28, records show. Late fees totaled almost $100.

"The project took longer than expected,” he said of the fix-up house. "Once I realized that this redo house was not current, I paid those immediately, in full.”


Rep. Richard Morrissette, D-Oklahoma City
Morrissette was late four years in a row on property taxes for a rental home, The Oklahoman reported Feb. 1. Morrissette paid $271.01 in penalties and interest.

"It was an oversight,” he said in January.




Rep. Charles Key, R-Oklahoma City
Key was hit in 2006 with a tax warrant alleging he owed the state $1,525 in unpaid 2004 income taxes, penalties and interest. A Tax Commission spokeswoman said Key made a partial payment but still owes more than $1,000.

Key also was late eight years in a row on the property taxes on his home. His tardiness cost him $356.17 in penalties and interest.

"There were some mistakes made,” Key said of the tax warrant. "I take full responsibility for it. ... We got it worked out. ... It was a disagreement over how much was owed. ... There's nothing I can say to make it look good. ... I try to pay my taxes like everybody else but I'm a middle income earner and it's difficult sometimes to pay your taxes and pay all the expenses that you have.”


Rep. Randy McDaniel, R-Edmond
McDaniel fell 13 months behind on 2006 property taxes on his rental properties even though he is a longtime financial adviser.

He said he had new life priorities — a marriage, a move and a new baby — and never got a tax bill. He paid the Oklahoma County Treasurer on Feb. 4 to catch up on the late 2006 and late 2007 property taxes. He also was late on some 2001, 2003 and 2004 property taxes. Late fees totaled almost $1,900.

"I'm very proud of my history of always paying everything on time and in full in every endeavor, which probably would be reflected in a consumer credit report,” he said last week. "I do know if I was ever late for any payment of any kind, whether it be a credit card payment, a phone bill or in this case, it was definitely unintentional.”


Rep. Terry Harrison, D-McAlester
He is taxed on his home, a steak house, a law office and rental houses. Some payments were late on 2004, 2005 and 2006 taxes. Late fees were about $430.

The steak house also was late in paying $778.96 in sales taxes, a tax warrant shows. Late fees on the sales taxes were $586.70.

"I have people who write checks for me,” Harrison said. "Literally. I never write any of my checks. I have employees that do. And if one of my employees was remiss in paying something on time, certainly it's my responsibility and my fault. I can't blame anyone else. ... I should have been a better supervisor.”


Rep. Phil Richardson, R-Minco
Richardson said he owns a Caddo County hog farm that has almost $2,700 in overdue real estate taxes. He said the company leasing the farm is supposed to pay.

He was late on 2004 and 2006 property taxes on his home and other land in Grady County. He paid the first half on time but missed the deadline for paying the second half. Late fees were $15.28.

"It's pretty easy to forget the second time because you pay the first-half taxes and they don't send you a statement. Sometimes it's been confusing on when that is due,” he said last week. "Basically, this past year, I just paid it all at once.”


Rep. Jabar Shumate, D-Tulsa
The Tax Commission warned Shumate in January about missing 1999, 2001, 2004, 2005 and 2006 state income tax returns. He said last week he has caught up on those state returns and overdue federal tax returns, too. He said, overall, he got refunds. He plans to send in his 2007 returns today — two days early.

"You get to moving fast,” Shumate said. "I didn't check back with my tax man to make sure certain things were done. There were some years I filed extensions and I didn't follow up. I've gone throughout my district to apologize. It was a huge oversight on my part.”


Sen. Judy Eason McIntyre, D-Tulsa
McIntyre was late in paying her 2004, 2005 and 2007 property taxes on her home. Late fees totaled $21.37.

McIntyre paid her 2007 bill after a Tulsa newspaper reporter contacted her Jan. 31.

McIntyre said before then she had scolded Shumate for not filing his tax returns.

"I just chewed him out,” McIntyre said of Shumate. "And I'll be durned if I didn't get a call, too, about my property tax. ... I could have sworn last year that I paid those. I was truly shocked. Although it sounded, you know: ‘Yeah, right, here's another lying politician.' I thought I had paid it.

... We're public officials, and I have no excuse. ... It should have been done. It wasn't done. But it won't happen again. Now, that, I do know. I was on the school board in Tulsa for 16 years, starting in 1981. So I do know the value of property taxes. Definitely.”


Rep. Dennis Johnson, R-Duncan
He is taxed on his home, rental properties and business. He was late on some payments in six of the last seven years. Late fees totaled more than $340.

"One person might argue that it's neglect, and I guess, after a fashion, it is. I don't think it's entirely unusual,” he said last week. "I will admit that I've been late from time to time. It's not something I deliberately did. ... It's a difficult thing to keep track of. I'm active in my church, and I'm active in a gospel group, and I'm active in my business and I'm active in politics. ... You've got a lot of things on your plate at any given time.”


Sen. Charlie Laster, D-Shawnee
He was late four years in a row in paying real estate taxes on his home. Late fees totaled $132.94. He said he tried to pay his 2007 tax bill on time, New Year's Eve, but the courthouse was closed.

"I didn't consider it a big deal, but then there has been a lot of notoriety brought to it since then, so I'm certainly going to be more careful about it now,” Laster said last week.


Rep. Ryan McMullen, D-Burns Flat
He filed overdue 2006 federal and state income tax returns shortly after getting a Tax Commission warning in January. He said he got back more than $2,000 in refunds. He said he filed his 2007 tax returns months early.

"I've never been so on top of that in my life,” McMullen said last week.


Rep. Jerry McPeak, D-Warner
He's missed one tax deadline since elected four years ago, paying 2004 real estate taxes late. He also was late on 1994, 1995, 1997, 1998, 2001 and 2003 real estate taxes as well as some personal property taxes. Late fees were $75.58.

"I just overlooked it,” he said last week. "I've never been in politics before. So, honest to gosh, I never worried about it before.”

Sen. Jeff Rabon, D-Hugo
He paid 2003 and 2004 property taxes late on his then-home. Late fees were $87.29. He owes $82.08, plus a $3.70 penalty, on the 2007 property taxes on his new home, records show. Taxes were due Jan. 31.

He said the treasurer sent the 2003 tax bill to the previous homeowner. He said his mortgage company made a mistake on his 2007 payment. He had no explanation for the late 2004 payment.

"I'm an imperfect human. I make mistakes,” Rabon said last week.

Rep. Mike Reynolds, R-Oklahoma City
He was late a few weeks on his 2001 property taxes on a lot in Moore and his 2006 property taxes on his Oklahoma City home. His late fees were $32.63.

"One year, I paid ... a day late or something,” Reynolds said. "The other one, it's simply I missed it last year.”


Rep. Gus Blackwell, R-Goodwell
He was late in paying property taxes on his home 13 years in a row and on rental houses some years, The Oklahoman reported Feb. 1. His explanation was he was mistaken about when property taxes were due.

"I'm not blaming anyone but myself,” Blackwell said in January.

Sen. Connie Johnson, D-Oklahoma City
Johnson missed deadlines to file her 2004, 2005 and 2006 state tax returns, records show. In January, she blamed a 2002 divorce and said she was behind on federal returns, too. She has caught up on the state returns, The Oklahoman was told.

Lawmakers missing mark on their taxes

Lawmakers missing mark on their taxes
By Nolan Clay and Randy Ellis
Sun April 13, 2008

About one in nine state legislators repeatedly missed tax deadlines, an investigation by The Oklahoman found

They paid property taxes late and failed to file income tax returns on time or both.

The next tax deadline looms. Income tax returns are due Tuesday.

The Legislature was thrown into upheaval this year when Rep. Lance Cargill stepped down as House speaker because of a public outcry over his tax problems. That same week, Rep. Gus Blackwell dropped out of the race to take over as speaker because of late property taxes.

The Oklahoman checked all 149 legislators' taxes because of the public concern. “What a bunch of baloney. ... Our elected officials need to set a better example,” one person wrote.

What the check found

Fifteen legislators repeatedly were late in paying their property taxes, which mostly go to fund schools. Others missed property tax deadlines just once in recent years. Some paid hundreds of dollars in late fees.

A few legislators fell more than a year behind on property taxes. One was Rep. Randy McDaniel, who has a second job as a financial adviser. “I take full responsibility. This is a sad day for me,” McDaniel said. “At some point you've got to say, these are human beings. This is one of many things you're trying to make sure you are 100 percent perfect on.”

Legislators often blamed themselves for their tax troubles. Other excuses: bank errors, employee mistakes, divorce and never-received tax bills. “I knew it wasn't going to break the United States or Oklahoma. I didn't get all torqued about it,” said Rep. Jerry McPeak of his late taxes.

The late bills included taxes on homes, rental houses and businesses.

Five legislators who had overdue income tax returns have caught up. “There really is no excuse. ... I can tell you this. It won't ever happen again,” Rep. Jabar Shumate said.

Secrecy rules carry Oklahoma Supreme Court to 'black hole'

The Oklahoma Supreme Court's decision to limit Oklahomans' access to court records on the Internet has earned the panel FOI Oklahoma's inaugural Black Hole Award, it was announced Monday during a ceremony at the state Capitol.







The justices received the award for roadblocking freedom of information by establishing new rules addressing content on the Internet. When the rules go into effect June 10, online access to court documents in the Supreme Court and district courts will be limited to court dockets only.

Besides eliminating Internet access, the order puts new restrictions on what information the public can access from legal documents filed with court clerks.

Justice Yvonne Kauger did not vote with the majority, and said, "The court made this decision with input only from the court clerks. Others directly affected by the decision — the bar, the bench, the Legislature, the public — were not consulted.”

Honorable mentions for the Black Hole Award went to the city of Mannford for efforts to frustrate freedom of information, the Board of Regents for Oklahoma State University and the A&M Colleges, and former House Speaker Lance Cargill.

FOI Oklahoma honored retired newspaper executive Ben Blackstock and Senate staffers Malia Bennett and John Warren for promoting the free flow of information.

Blackstock, the former head of the Oklahoma Press Association, won the award named in his honor for his years of service in the Legislature and throughout the state to promote the idea of open government and the free flow of information.

Blackstock was instrumental in establishing the state's Open Meeting Act and Open Records Act while also working to police those laws since their passage.

Blackstock, through OPA, continuously lobbied the Legislature to adapt and adhere to the open meetings and open records laws.

Honorable mentions went to Shannon and Krista Duhon, publisher and managing editor, respectively, of the Miami News-Record, and Mark Thomas, the executive vice president of the Oklahoma Press Association, for his continued lobbying efforts for freedom of information with the Legislature.

The Sunshine Award was presented to Bennett and Warren of the Oklahoma Senate staff for their work to create a system that provides a live feed over the Internet for real-time action on the Senate floor and in Senate conference rooms at the Capitol.

This allows the public and reporters to monitor Senate action. It also lets the public see bills of interest, debates and live news conferences.

Ethics agency will remain independent

Ethics agency will remain independent

By Michael McNutt
Capitol Bureau

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.

Clause aims at power of ethics board

Clause aims at power of ethics board
By MICK HINTON World Capitol Bureau

3/15/2008

OKLAHOMA CITY -- The state Ethics Commission expressed alarm Friday that an effort may be under way to make the campaign watchdog group powerless.

Rep. Mike Reynolds, R-Oklahoma City, informed commissioners that he had discovered a clause slipped into a measure that would take away the commission's power to name its own director, "whose duties will be defined by the Legislature."

Voters established the Ethics Commission by approving a constitutional change in 1990 that set up the independent body whose major duty is monitoring political campaigns, including those of legislators.

"This is alarming when the heart and soul of the Ethics Commission is not only to operate in a nonpartisan manner but to have total and absolute independence," said Commissioner John Raley of Ponca City.

Reynolds told the commission that he learned it was former House Speaker Lance Cargill who requested the language, which Reynolds said later would "destroy the commission."

However, Cargill issued a statement that Reynolds' claim "is 100 percent false."

Cargill said he did not learn about the controversial provision until Friday.

"And today, Reynolds spun a web of deceit about me for the commission that was completely false and reckless," Cargill said. "There is no better proof than (Reynolds') actions today that the commissioners should be very careful about believing anything Rep. Reynolds said."

Rep. Ken Miller, whose House Joint Resolution 1099 contains the ethics change, also said Cargill did not have a role in getting the language inserted into the measure.

The House approved the resolution on Thursday. Cargill, R-Harrah, noted that Reynolds voted for the measure. Reynolds countered that first he managed to get the title stricken from the bill, meaning it will have to return to the House for another vote.

Cargill, who stepped aside as speaker in late January after news reports about his tax problems surfaced, had asked the House staff to put together a bill calling for changes to bolster the governor's power, which he had proposed in a "100 Ideas" book, said Miller, R-Edmond.

The Ethics Commission reportedly has been investigating activities of the House Republican political action committee in the 2004 elections, when Cargill was chairman of the PAC.

Rick Farmer, director of the House committee staff, put together the measure calling for making the directors of four agencies gubernatorial appointees. Farmer decided on his own to include the ethics director, Miller said.

Miller said Friday that in retrospect, it probably was not the best idea to take away the Ethics Commission's independence, which had been authorized by a vote of the people.

"The Ethics Commission will be taken out of the bill as soon as I can change it," Miller said.

Meanwhile, ethics commis sioners put on their April 18 agenda to discuss their budget problems. The commissioners said they will invite House and Senate leaders and the governor to attend.

Reynolds had proposed giving the commission about $300,000 more in funding after Ethics Commission officials said they have cramped quarters in the basement of the Capitol and have had to borrow paper to operate.

Miller noted Friday that their request would be a 70 percent increase at a time when there are few budget dollars.