Oklahoma Administrative Code › Title 1 - EXECUTIVE ORDERS › Section 1:2014-20

Current through Vol. 41, No. 20, July 1, 2024
Today, I have signed into law House Joint Resolution 1033. This
			 Resolution authorizes the Oklahoma Capitol Improvement Authority to issue bonds
			 to pay for the repairs at the State Capitol Building that are so desperately
			 and urgently needed. Certain Sections of the Resolution create a State Capitol
			 Repair Expenditure Oversight Committee (Committee), staffed by six (6)
			 legislators and three (3) gubernatorial appointees. This Committee is tasked
			 with development of an advisory tenant plan for use by the Office of Management
			 and Enterprise Services (OMES) and vendors OMES hires for repairs to the
			 interior of the State Capitol. The advisory Committee will provide input to
			 OMES as to what should be included in the selection criteria for vendors, the
			 scope of the repairs, and the appropriate phasing of renovation. For many
			 years, I have championed repairing the People's House in a fiscally prudent
			 manner, which is exactly what this Resolution accomplishes.
As I sign this Resolution, I am fully aware of Article 5,
			 Section 23 of the Oklahoma Constitution which prohibits a member of the
			 Legislature from receiving an appointment to an office which exercises the
			 powers of the Executive Branch. This Resolution does not violate that
			 constitutional provision. In fact, such an interpretation would clearly flout
			 the plain wording of the Resolution and the legislative intent of our State's
			 representatives. The Resolution's language carefully circumscribes the
			 Committee's duties to those of a purely advisory group. The Committee has no
			 role in issuing the bonds that will facilitate the repairs. The Committee
			 cannot approve expenditures. The Committee cannot approve the budget for the
			 restoration. The Committee has no control over the physical property that
			 constitutes the Capitol Building. The Committee has no control of activities
			 related to the exterior of the Capitol Building. Pursuant to Sections L and N
			 of the Resolution, the sole purpose of the Committee is to prepare and approve
			 a project programming plan for the repair of the tenant areas of the State
			 Capitol Building. After that plan is developed, the Committee submits it to the
			 Director of OMES. Although the plan is submitted to the Director, it remains a
			 purely advisory document containing recommendations; accordingly, its creation
			 by the Committee cannot fairly be considered to be either a usurpation of an
			 executive function, or an exercise of sovereign power. The ultimate authority
			 is, in fact, left to the Director of OMES to ensure that any renovations are
			 made in accordance with State law, and,
to the extent possible
, in
			 conformity with the Committee's recommendations. Requesting deference to an
			 advisory group, where possible, is simply not the same as legislatively
			 delegating controlling authority to the Committee. Moreover, it is entirely
			 appropriate that the Legislature be afforded an opportunity to voice its
			 recommendations as to how to best repair the tenant areas of the Capitol
			 Building, given that the Legislature conducts its most important work within
			 the Capitol.
It is therefore ORDERED that OMES execute its duties under this
			 Resolution in such a manner as to ensure that it does not intentionally or
			 inadvertently delegate its final decision-making authority to the Committee.
			 OMES must execute its duties with respect for all tenants of the Capitol, but
			 it must ensure that the Committee retain its advisory status throughout the
			 repair project.
This Executive Order shall be distributed to the Director of
			 OMES and the Oklahoma Capitol Improvement Authority, who shall cause the
			 provisions of this Order to be implemented as herein directed.
IN WITNESS WHEREOF, I have set my hand and caused the Great Seal
			 of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this
			 29th day of May, 2014.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Mary Fallin
ATTEST:
Chris Benge
Secretary of State
Added at 31 Ok reg 626, eff
				5-29-14