Saturday, January 15, 2011

Brogdon's take on the two-year moratorium


As controversy continues over the appointment and/or hiring of ex-legislators by Governor Fallin and Insurance Commissioner John Doak, former State Sen. Randy Brogdon weighs in with his take. Brogdon, now with a job in the Insurance Department, is one of the three hires in question.
Many of my supporters have been asking what I will be doing in the future, so I want to give you an update.  I have been asked by Insurance Commissioner John Doak to serve as his Deputy Commissioner of the Fraud Division.  I am honored to serve and am excited about the opportunities to protect the citizens of Oklahoma. 

There has been a lot of discussion whether or not legislators can work for a state agency within two years after their legislative service is over.  The answer to that question is yes.  As a matter of fact there have been several Supreme Court decisions as well as Attorney Generals opinion stating the affirmative.  Following is an honest appraisal of the facts along with the spirit and the intent of the law.

The bill has three distinct provisions.  First, no member of the legislature can be appointed to an office that was created during his term of office.

Secondly, no member can receive an appointment from the Governor during his term of office.

The third provision of the bill deals with the two year moratorium which is often mischaracterized. The moratorium specifically restricts a legislator from entering into a “contract” with any state agency that was authorized during his term of office.

For example if the legislature created the “Department of Prescription Drugs” during his term of office he could not serve or contract with that department for a period of two years after his term was over.

The letter of the law and the spirit of the law are not to restrict a former legislator from working for a state agency, it is simply designed to prevent a legislator form having influence in creating a position and then moving directly in to it.
Other Oklahoma bloggers have been discussing this topic as well. Mike McCarville posted a poll asking if the appointments violated the spirit of the "no hire" law; 60% said that it went against it. Ron Black agreed with McCarville's poll respondents.

I'll be posting more on this issue later. The section of the Oklahoma Constitution in question is here.

3 comments:

Anonymous said...

Cronyism

— n
the practice of appointing friends to high-level, esp political, posts regardless of their suitability

So, first question... Were the three appointments Doak made friends of his prior to the election season of 2010? Answer, no. Let's be real here, McCarville has an axe to grind because he backed Kim Holland in the election, yet I see no conservative blogger getting on his case for supporting a Barack Obama delegate. Further, he gave her ad space on his site in the last days of the 2010 election. When feelings are hurt, people lash out.

Concerning the appointments... it is true that Laughlin, Thompson, and Brogden do not have insurance experience.... but isn't this a good thing? The department was full of "experienced" people in the past, and the corruption was absolutely rampant. The idea of bringing a Brodgen or Laughlin on board was that these people are not corrupt but honorable men who have served Oklahoma with distinction. These positions are something that can be LEARNED, but honor and forthrightness can not be taught.

Ultimately, the department can be filled with experienced insurance professionals, but having people like these three serving the best interests of Oklahoma during one of the worst Federal government expansions is a great asset to the voters. Let history decide if Doak was correct, but let's not write the "result" before he's even begun.

Anonymous said...

I do not know Thompson's background. Wasn't Laughlin's background in insurance sales?

As a small business owner for many years I would think Randy Brogdon has plenty of experience in insurance matters.

Bobbie McAuliffe
Poteau

Anonymous said...

This is political cronyism and nothing more!

What qualifications does Randy Brogdon have that allows him to be in charge of anti-fraud matters? Is he a CPA? Is he a CFE (Certified Fraud Examiner)? Has he ever been an investigator/detective employed by a federal, state, county, or municipal agency? Brogdon is not a CPA nor is he a CFE. To my knowledge Brogdon has never been a law enforcement officer. I will tell you what experience Brogdon does have. He ran a small heating and air business. I might hire him for HVAC issues but I would not want him anywhere near a complex fraud investigation. Is Brogdon familiar with search and seizure? Does he know the exceptions to the search warrant requirement? John Doak, I hope you have fun as a one term commissioner. Hopefully you will get voted out of office before you go the way of John Crawford.