Reynolds files bill to restrict state hiring of ex-legislators

Bill Filed to Ban Lawmakers from Most State Jobs

OKLAHOMA CITY (January 9, 2012) – State Rep. Mike Reynolds has filed legislation to eliminate loopholes that allow state lawmakers to accept high-paying state jobs after leaving the Oklahoma Legislature.

House Bill 2194 would make it illegal for any Oklahoma lawmaker to take a state government job that pays more than the base legislative salary. The ban would be in place for two years after a legislator steps down from his elective position.

“If lawmakers can be good public servants while earning $38,000 in the Oklahoma Legislature, they should be able to do the same thing at the same salary if they want to continue working in state government,” said Reynolds, R-Oklahoma City. “Most importantly, this legislation will end the perception that some legislators have used their political connections to feather their nest with cushy government jobs after they leave elective office.”

Although there is currently a ban on lawmakers taking state jobs for two years after the end of their terms in office, that ban applies only to positions funded directly by legislative appropriations. That loophole has allowed lawmakers to accept jobs paid with federal dollars or fee revenue that is not appropriated.

“I think Oklahoma citizens have made it clear that they do not want legislators to work in state government immediately following the end of their terms in office to reduce the chance of someone selling votes for a job,” Reynolds said. “By ensuring lawmakers can only take positions paying the same as the base legislative salary, we can end the perception of corruption that troubles so many Oklahoma citizens.”

Reynolds files this bill after controversy erupted in early 2011 over three ex-legislators receiving state jobs right after leaving office.

• State Sen. Glenn Coffee was appointed by Governor Mary Fallin to serve as Secretary of State; Coffee had left the state senate in 2010 due to term limits. 
• State Sen. Randy Brogdon was hired by Insurance Commissioner John Doak to work in the Insurance Department; Brogdon had left the state senate in 2010 to run for governor.
• State Rep. Mike Thompson was hired by Insurance Commissioner John Doak to work in the Insurance Department; Thompson had left the state house in 2010 to run for Congress.

In the case of the three men, each of their salaries was paid for by agency-collected fees, in order to comply with the ban on ex-legislators being paid with legislatively-appropriated dollars for two years after leaving office. 

Former State Sen. Owen Laughlin also took a position with Commissioner Doak, but unlike the others, Laughlin had been out of office for four years, making his hiring clearly above any controversy.

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.