Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2023-32

Current through Vol. 41, No. 20, July 1, 2024
EXECUTIVE ORDER 2023-32
WHEREAS, the United States Supreme Court's ruling in
McGirt v. Oklahoma
caused uncertainty and continues to wreak
			 havoc in nearly half of Oklahoma; and
WHEREAS, while the Supreme Court remedied some of the
			 uncertainty in
Castro-Huerta
, and the Oklahoma Court of
			 Criminal Appeals has repeatedly acknowledged and done its part to ameliorate
McGirt
and its' progeny havoc, it is clear that the impacts of
McGirt
are still being realized; and
WHEREAS, after a dispute concerning whether the Creek Nation
			 Light Horse could book a suspect at Okmulgee County Jail, Creek Nation Light
			 Horse surrounded the jail and attempted to arrest a detention officer they said
			 assaulted a Light Horse officer. The lack of clarity about the authority that
			 each law enforcement entity possesses, along with heighted tensions, creates
			 the perfect storm for a dangerous escalation. It is essential that Oklahomans
			 know what law enforcement entity has jurisdiction and that respective law
			 enforcement entities know where their authority begins and ends. It is
			 incumbent upon state and tribal leaders to come to an agreement for the safety
			 of our law enforcement officers and the citizens they protect; and
WHEREAS, the future remains uncertain as the potential for cost
			 and conflict around jurisdiction boundaries continues. While Congress has
			 remained silent as to these issues, the current patchwork attempts to resolve
			 problems through non-uniform cross-deputization and jail agreements have been,
			 and continue to be, elusive; and
WHEREAS, the need for uniform agreements has never been clearer.
			 Uniform agreements must address ambiguity in areas of liability, immunity
			 waivers, and jurisdictional authority. Law enforcement experts, tribal
			 representatives, and legislative leaders must come together to discuss and
			 recommend uniform, lasting change.
THEREFORE, I, J. Kevin Stitt, Governor of the State of Oklahoma
			 pursuant to the power and authority vested in me by Sections 1 and 2 of Article
			 VI of the Oklahoma Constitution, and to the fullest extent permitted by law,
			 hereby order as follows:
A. There is
		  hereby created the Oklahoma Organized Retail Crime Task Force until December
		  31, 2024. The purpose of the task force shall be to provide the Governor, the
		  Legislature, law enforcement officers, and Tribal leaders with uniform
		  cross-deputization agreements, jail agreements, and state and federal
		  legislative action.
B. The task
		  force shall consist of ten (10) members as follows:
1. The Governor or designee;
2. The Speaker of the Oklahoma House of
		  Representatives or designee;
3. The
		  President Pro Tempore of the Oklahoma Senate or designee;
4. The Attorney General or
		  designee;
5. One member appointed
		  by the District Attorneys Council;
6. One member appointed by the Okmulgee
		  County jail trust;
7. One member
		  appointed by the Office of Juvenile Affairs;
8. One member appointed by the Tulsa County
		  Sheriff's Office;
9. One member
		  appointed by the Oklahoma Highway Patrol;
10. One member appointed from each
McGirt
affected tribes' law enforcement;