Mike Reynolds Calls For McMahan Investigation

State Rep. Mike Reynolds today filed legislation to create a special committee to investigate State Auditor and Inspector Jeff McMahan and determine whether Articles of Impeachment should be pursued.

"Given the very serious charges leveled against Mister McMahan by federal investigators, the members of the Oklahoma House of Representatives now have a clear constitutional duty to investigate those charges and determine if impeachment is appropriate," said Reynolds, R-Oklahoma City.

House Resolution 1051, by Reynolds, calls for the creation of a Special Investigating Committee of the House of Representatives "to conduct a comprehensive and detailed study and investigation of the activities of Jeff McMahan, State Auditor and Inspector ..."

The committee would have the power to subpoena witnesses, documents and records; take testimony under oath and request punishment for contempt for "any disobedience of process."

Speaker Lance Cargill (R-Harrah) would appoint the committee members.

The process outlined in the resolution is similar to the one used during the investigation and eventual impeachment of former Insurance Commissioner Carroll Fisher.

McMahan has been indicted on one count of conspiracy, six counts of mail fraud and two counts of violating the federal Travel Act to promote bribery.

Following McMahan's indictment, several officials suggested the auditor should step aside until a conviction or acquittal occurred, but Reynolds said that may not be legally permissible. Reynolds noted there is no provision in the Oklahoma Constitution allowing an elected official to "step aside" while still retaining office. In fact, he said some legal experts believe McMahan will effectively vacate his office should he step aside and, as a result, could then actually be impeached for "nonperformance of duty."

Reynolds said he will ask Attorney General Drew Edmondson to issue a formal opinion on that legal question.

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