Author Archives: Admin

Attorney General Pruitt says two Barresi aides at Education Department did not have “de jure” or “de facto” authority

Capitol Editor Patrick B. McGuigan

altAttorney General Scott Pruitt ruled key aides to Superintendent of Public Instruction Janet Barresi did not have authority to act as employees of the state Department of Education after she took office.

In a formal opinion issued, Pruitt cited a wide range of precedents and statutes to support his conclusions. 

The opinion appears most directly to affect Jennifer Carter, recently named formally as the agency’s chief of staff, and Damon Gardenhire, recently deemed communications director.  Both have carried out those roles since the stormy start of Superintendent Barresi’s tenure, and her initial contentious clash with the Board of Education appointed entirely by former Governor Brad Henry. 

The status of the pair became clarified over the past two weeks, after the state Board (in the wake of legislative changes in board power) allowed Barresi to hire her own staff.
 
Before becoming formal employees of the agency, they were compensated by a private foundation. That arrangement was criticized by legislative Democrats, but defended by the State Chamber and the superintendent.

Pruitt’s formal opinion could trigger questions about the effect of any decisions Carter and Gardenhire might have made under color of Barresi’s authority after her swearing-in and before May 9, when the Board formally granted her powers to make hiring decisions about staff.

In response to questions from CapitolBeatOK, Sen. Rice commented:

“My concerns have been confirmed and vindicated by the AG’s opinion. The apparent disrespect for procedure and precedent by the Superintendent upon her swearing [in] is troubling to those of us who believe in the importance of checks and balances that the board of Education represents.

“As far as the repercussions because of these illegitimate roles in [the] Department of Education, that will be up to other divisions of Oklahoma government.”

Gardenhire responded to reporters’ questions this afternoon in this manner:

“We appreciate the Attorney General’s clarification on this issue. The situation was an unfortunate and unusual one created by uncertainty. During the timeframe in question, no actions were taken that would be invalidated. On May 9, the State Board of Education took further action to remedy the situation.

“We’re now moving forward to work on the serious issues of rethinking, restructuring and reforming Oklahoma’s education system. Superintendent Barresi’s focus is on making the Department of Education more effective and efficient and searching for more ways to get more dollars into our classrooms.”

At the end of eight pages of single-spaced narrative (including small print footnotes), Pruitt concluded his opinion with the following words (citations omitted):

1.     Only employees and officers of the State who are authorized by law to do so may perform the official duties of the State, and those who are so authorized may only be compensated as authorized by law.

2.     A person hired by someone who does not have appointing or hiring authority, who is hired over the objection of the governing body that does have appointing or hiring authority, is neither an employee nor a de jure or de facto officer. Such a hiring is an ultra vires act. As a result of the ultra vires hiring, such a person is a usurper who lacks the authority to carry out the official duties of the State. The acts of such a person are void.

3.     Employees and officers may only be compensated by law. At present, Oklahoma law does not authorize an employee or officer to be directly compensated by a private entity or person.”

Ialtn other news about governance of the agency, Peter J. Rudy of Oklahoma Watchdog.org reported yesterday (May 26) that another member of the state Board was leaving before Governor Mary Fallin can replace her. Sue Arnn, who represents the Fourth Congressional District on the Board, announced her resignation effective at the end of yesterday’s meeting.

This week, Governor Fallin signed Senate Bill 435, which gives her new powers to name all members, except for the superintendent.

The new provisions will take effect 90 days after legislative “sine die” (today), but Fallin will be able to name Arnn’s appointment sooner. Previously, Fallin designated Phil Lakin to join the Board, replacing Tim Gilpin, who was Barresi’s most vociferous critic on the Board, at the appointed end of his term. 

Waters Resources board spokesman defends water plan process

Capitol Editor Patrick B. McGuigan

As regional meetings and hearings studying the draft Oklahoma Comprehensive Water Plan wrap up this week, a group of four Democrats in the state Legislature criticized the process that has been used to develop the plan.

The criticisms were detailed in a CapitolBeatOK  story yesterday. The group of legislators have asked Attorney General Scott Pruitt to provide a formal opinion on their critique of the water plan process.
 

Asked for a response, Brian R. Vance, director of information at Oklahoma Water Resources Board (OWRB), in an email exchange with CapitolBeatOK, said:

“The Oklahoma Water Resources Board (OWRB) is preparing to issue a series of news releases highlighting the key components of the Oklahoma Comprehensive Water Plan (OCWP), including its extensive discussion and recommendations regarding non-consumptive uses of water, such as recreation and fishing, as well as planning tools we have developed for use at the local, watershed and regional level.

“An integral partner in the development of the OCWP has been the U.S. Army Corps of Engineers and its contractor, CDM, which has extensive experience and an impressive track record in water and infrastructure planning.

“It is no surprise that they were contracted independently to analyze future water supply options by a central Oklahoma consortium that included not just Oklahoma City, but also Mustang, Yukon, Chickasha, Piedmont, Norman, Midwest City, Seminole, Moore, Del City, Shawnee and Goldsby.

“It’s important to note that the draft Water Plan does not recommend the transfer of Sardis Lake water to Oklahoma City.

“Throughout the past five years, the OCWP process has been conducted in an unprecedented open and accessible manner.”

“The impressive volume of data, information, and policy recommendations contained in the draft OCWP are available on our website, and additional information is available upon request as we work toward conclusion of the plan that seeks to fairly and equitably maximize our water resources for the benefit of all Oklahomans.”

In a May 19 letter, Democratic state Representatives Brian Renegar of Blanco and Ed Cannaday of Porum joined state Sens. Jerry Ellis of Valliant and Richard Lerblance of Hartshorne in requesting the legal opinion from Pruitt.

The quartet contended, in a statement this week, “that the Comprehensive Water Plan’s Enabling Act has not been honored. The enabling act specifically states what is to be covered by the statute.”

The legislators, quoting the enabling legislation, contend the study’s goal “shall be to maximize and not minimize the alternatives available to all citizens, municipalities and other water user entities in acquiring water for beneficial use.”

Concerning the firm involved in the hearings process, the four legislators asserted in their letter to Pruitt, “CDM Engineering did not report or disclose to the Comprehensive Water Plan’s public participants or to the general public that, simultaneously, while under water plan contract(s) to OWRB …, CDM worked for the Oklahoma City Water Trust Authority on an $800,000+ engineering contact to bring Sardis Lake water to the Oklahoma City area.”

The attorney general’s office told CapitolBeatOK Pruitt and his legal staff are now studying the issues raised in the legislative letter.

This afternoon and evening (Thursday, May 26), the Oklahoma City hearing for the state’s Central region is being held on the campus of Oklahoma State University-OKC. The session is the last of 13 hearings held over the past few weeks in every section of the state.

 

White House hires disinformation specialist

David Arnett, Publisher

This week in the beacon of online half-truths, Huff-N-Post, Sam Stein reports that one of his friends has been hired by the Obama administration in a new position to provide “rapid response to unfavorable stories and fostering and improving relations with the progressive online community.”  Isn’t that special?

One would think a better plan would be to meet critics on the open field of public debate with truth and transparency, but that was only what candidate Obama promised, never what President Obama has delivered.

Quoting an internal memo by White House Communications Director Dan Pfeiffer which was “provided” Stein writes, ”Jesse Lee will move from the new media department into a role in the communications department as Director of Progressive Media & Online Response.  For the last two years, Jesse has often worn two hats working in new media and serving as the White House’s liaison with the progressive media and online community.  Starting this week, Jesse will take on the second role full time working on outreach, strategy and response."

Apparently, this function was previously the responsibility of the Democratic National Committee (DNC).  While Stein suggests the DNC will continue to mount a similar effort, this role will be directly within the administration’s control.

Stein writes, “Lee has played that role in the past, including writing a semi-infamous White House blog post that said Fox News’ Glenn Beck was lying about the administration on his show. His new gig comes with its own Twitter account, precisely for the purposes of disseminating push back.”

What lie was it that Glenn Beck fostered?  Don’t we love unspecific allegations by blog?  If there was a lie then what is the truth on whatever matter?  Speak up son!

Stein writes, “An equally telling requirement of Lee’s new job, however, is that of crafting strategy for outreach to the progressive community. Lee has been tasked with that responsibility in his previous incarnations, both as a member of the DNC online team during the ’08 election and as a senior new media adviser with then-House Speaker Nancy Pelosi (D-Calif.).

“His new post may require even more delicate hand-holding.  Instead of managing the administration’s web presence, he will be pressing to make the administration more popular on the web.  In that respect, his Twitter account could also become an interesting window into the status of the always emotional, occasional testy dance between progressives and the president,” Stein added about his friend.

It’s a shame really, that the administration doesn’t ever seem to focus on facts, but titillates illusions by twitter.  Then again, this is the administration that worships fame over substance and doesn’t really give a damn about the Constitution of the United States of America. 

The simple Conservative question:  What is “progressive” about central economic planning by a totalitarian government – in this case one that refuses to abide by the Constitution designed to limit such stupidity?  Tried countless times, even officials of Communist China have warned President Obama about the historic repeatedly proven economic failures of managed markets, but he presses on … oblivious.  It makes one wonder how Stein will spin such huge irony. 

This could be very entertaining.  Let’s toast during the national anthem as President Obama likes to do with the Queen of England.

Click here to read the original post by Sam Stein on his special friend. 

White House hires disinformation specialist

David Arnett, Publisher

This week in the beacon of online half-truths, Huff-N-Post, Sam Stein reports that one of his friends has been hired by the Obama administration in a new position to provide “rapid response to unfavorable stories and fostering and improving relations with the progressive online community.”  Isn’t that special?

One would think a better plan would be to meet critics on the open
field of public debate with truth and transparency, but that was only
what candidate Obama promised, never what President Obama has delivered. 

Quoting an internal memo by White House Communications Director Dan Pfeiffer which was “provided” Stein writes, ”Jesse Lee will move from the new media department into a role in the communications department as Director of Progressive Media & Online Response.  For the last two years, Jesse has often worn two hats working in new media and serving as the White House’s liaison with the progressive media and online community.  Starting this week, Jesse will take on the second role full time working on outreach, strategy and response."

Apparently, this function was previously the responsibility of the Democratic National Committee (DNC).  While Stein suggests the DNC will continue to mount a similar effort, this role will be directly within the administration’s control.

Stein writes, “Lee has played that role in the past, including writing a semi-infamous White House blog post that said Fox News’ Glenn Beck was lying about the administration on his show. His new gig comes with its own Twitter account, precisely for the purposes of disseminating push back.”

What lie was it that Glenn Beck fostered?  Don’t we love unspecific allegations by blog?  If there was a lie then what is the truth on whatever matter?  Speak up son!

Stein writes, “An equally telling requirement of Lee’s new job, however, is that of crafting strategy for outreach to the progressive community. Lee has been tasked with that responsibility in his previous incarnations, both as a member of the DNC online team during the ’08 election and as a senior new media adviser with then-House Speaker Nancy Pelosi (D-Calif.).

“His new post may require even more delicate hand-holding.  Instead of managing the administration’s web presence, he will be pressing to make the administration more popular on the web.  In that respect, his Twitter account could also become an interesting window into the status of the always emotional, occasional testy dance between progressives and the president,” Stein added about his friend.

It’s a shame really, that the administration doesn’t ever seem to focus on facts, but titillates illusions by twitter.  Then again, this is the administration that worships fame over substance and doesn’t really give a damn about the Constitution of the United States of America. 

The simple Conservative question:  What is “progressive” about central economic planning by a totalitarian government – in this case one that refuses to abide by the Constitution designed to limit such stupidity?  Tried countless times, even officials of Communist China have warned President Obama about the historic repeatedly proven economic failures of managed markets, but he presses on … oblivious.  It makes one wonder how Stein will spin such huge irony. 

This could be very entertaining.  Let’s toast during the national anthem as President Obama likes to do with the Queen of England.

Click here to read the original post by Sam Stein on his special friend. 

Signing another school reform, Fallin says efficiency reforms could be model for managing school administrative costs

Capitol Editor Patrick B. McGuigan

At a state Capitol signing ceremony for a range of bills, including a measure giving her new authority in selecting members of the Oklahoma Board of Education, Governor Mary Fallin said the state legislative session that concluded on Friday (May 20) was “one of the most successful and productive sessions in state history.”

Fallin and others at the session touted the significance of government efficiency and information technology reforms she signed at the event in the large conference room of the state Capitol. However, education reforms pasts, present and future were also a subject of discussion at the event. The governor, in fact, linked this year’s efficiency drive in other parts of government to school finance issues.
One bill she signed was Senate Bill 435, co-sponsored by state Sen. John Ford of Bartlesville and Speaker of the House Kris Steele of Shawnee. The two Republicans pressed the measure changing the selection process for members on the state Board of Education.
The new law gives governors power to appoint one board member from each of Oklahoma’s five congressional districts, and one at-large member. The Superintendent of Public Instruction will be the seventh member of the board. The law takes effect 90 days after this week’s “sine die” adjournment (Friday, May 27).
 
Early this month, the current state Board of Education voted 3-1 to enhance the powers of the current Superintendent, Janet Barresi, in line with provisions in House Bill 2139. Fallin has already, under past state law, make one appointment to the education board, Phil Lakin of Tulsa.
Republicans moved to change public school governance at the state level in the wake of a searing confrontation between Barresi and members of the Board, all of whom had been appointed by former Governor Brad Henry. Gov. Fallin and other Republicans rallied in support of Barresi immediately after that battle.
 
Throughout the 2011 session, a steady tide of conservative education reforms advanced. Proposals passed to create letter grades for schools and end social promotion.
 
Another major reform ended the state’s authorization of “trial de novo” for teachers dismissed from public schools, effecting granting more power to local public school boards.
For some reformers, the greatest achievement was enactment of an opportunity scholarship program allowing students in failing schools to access scholarships financed through a tax credit program, gaining resources they can use at the school of their choice. That measure built on the success of a 2010 program granting scholarships to children with special needs.
During dialogue with reporters at today’s signing ceremony, Fallin defended decisions made about government funding of schools in this year’s budget process. Fallin noted that she supported passage of supplemental appropriations in both the House and Senate this session. She also pointed to the announcement she made recently, with School Lands director Harry Birdwell, that a projected (and record-setting) $124 million in money will be awarded to public schools this year.
In response to a question from CapitolBeatOK, the chief executive said that high administrative costs in public schools were “something we’re going to look at.”
The governor said a reason she pushed for the modernization reforms is that they are needed in government as a whole, and could provide lessons for school financial governance, as well. The vendor system reforms, greater efficiency in delivery of some services, “how we pay the bills, our purchasing systems,” are apparently issues for future deliberation.