Legislators Violate State Constitution

Open letter to Speaker Benge/President Pro-Tempore Coffee:

I write to express my deep concern and disappointment in the Legislature’s action last session to direct $16 million dollars to OMRF and $1 Million to the Jim Thorpe Association.

As an active Republican (I currently am Chairman of the Cleveland County Republican Party), I am particularly disappointed that this multi-million dollar pass through was orchestrated by a Republican controlled Legislature.

Once upon a time, Republicans used to oppose such inappropriate and underhanded expenditures of taxpayers’ money. In fact, it wasn’t too long ago when you were in the minority that Republicans would vehemently oppose these pass through deals made by the Democrats. Like most Oklahomans, and certainly the majority of Republicans, I remember the dog food plant that the Democrat-controlled Legislature appropriated tax dollars for.

Art. 10, § 15(A) of the Okla. Const. says it very plainly:

“15. Pledge or loan of credit – Donation – Exceptions.

A. Except as provided by this section, the credit of the State shall not

be given, pledged, or loaned to any individual, company, corporation, or

association, municipality, or political subdivision of the State, nor

shall the State become an owner or stockholder in, nor make donation by

gift, subscription to stock, by tax, or otherwise, to any company,

association, or corporation.” (Emphasis added.)

See Op. Atty. Gen. No. 80-283, wherein appropriations to the Oklahoma

Historical Society were deemed in violation of the Constitution’s

Prohibition. You can get to the opinions of the Okla. A.G. from the

OSCN website.

Article 10, beginning with § 14 and including §§ 15, 16, 17 (local govt.) and 19. § 14 restricts the levy and collection of taxes to public purposes. § 15(A) prohibits the giving, pledging or

loaning the credit of the State (i.e. public funds) to any individual, company, association, municipality or political subdivision, except as provided in (B) thru (E).

Now that we are in the Majority – it looks like nothing has really changed. Sure, you don’t send the pass through to dog food plants -instead it’s going to medical research.

Republicans can and should support medical research. But the cause is not the issue here. Republicans must stand for accountability and transparency in government. The pass through scheme called for in Senate Bill 153 violates conservative principles and the Oklahoma Constitution, as our Republican leaders, you should know better than to keep on doing what the Democrats always did!

If you truly felt like spending $16 million for the OMRF and Jim Thorpe Foundation, then you should have done so in an open and honest manner. My understanding of the State Constitution is that it forbids such direct appropriations to private entities. Do you think that there is a good reason why there is such a prohibition in place?

While I am very disappointed in your leadership or lack thereof on this issue, I remain a devoted Republican. Please explain your position and offering reform minded solutions to how we can avoid this type of underhanded appropriation of taxpayers’ money.

Sincerely yours,

Robert L. Cleveland

Below is a short list of some of the companies that received state money.

1. Oklahoma quality awards program $75,000

2. Native American culture and education authority fund $7,079,742.00

3. Worldwide Creative Conference. $500,000

4. National Finals Rodeo ( Las Vegas) $200,000. This has nothing to do with Oklahoma

5. Indian Nations (Creek, Osage, and Tulsa Counties) $45,625

6. Jim Thorpe $1,000,000,00

7. OMRF $16,000,000,00 (private company that the Governors wife and another Henry are on the Board of Directors.

Here is a list of State Representatives that respects the Oklahoma Constitution and voted NO on the $16 million to OMRF and the $1 Million to Jim Thrope.

Banz, Cooksey, Dank, Derby, Faught, Johnson, Joyner, Kern, McCullough, McDaniel, RMoore, Murphey, Peterson, Reynolds, Ritze, Schwartz, Terrill, Thompson, Trebilcock, Wesselhoft, Wright.

In the Senate only one State Senator did not vote in favor of giving tax payers dollars to private companies. Senator Steve Russell.

The above elected officials are the only elected officials that voted to follow the Oklahoma Constitution. I, personally called numerous elected officials asking why they voted to violate the State Constitution, it’s clear they are more interested in being given a committee assignment (power) than doing what is best for the tax payers of Oklahoma. It is a total shame that we have elected Republicans that care more about following the orders of Speaker Benge and Senator Coffee than they do about the Oklahoma Constitution. Like one Legislator, stated to me, “If I had not followed Speaker Benge,  directions, I would have lost my committee assignment”

Bobby Cleveland

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