Ethics Commission Votes To End 'Gag Rule'

The Ethics Commission has voted to end its "gag rule" on those who file ethics complaints.

Commissioners voted unanimously on Friday for the rule change, which will be submitted to the Legislature, and unless it is rejected there, it goes into effect.

The commission adopted a resolution stating the change is more in line with current law on First Amendment rights.

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Noted Quote

"The only way we will ever achieve full independence is another constitutional amendment, which would take away from the Legislature the purse strings of this agency and allow it to be funded by some other means." ~ Ethics Commission Chairman John Raley

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Realtor Files Lawsuit Against Ethics Commission

From www.tulsaworld.com ~ A man who questioned the sale terms of a lawmaker’s home located near a landfill has filed a court challenge regarding the constitutionality of a rule that prohibits divulging details of state Ethics Commission complaints.

Tom Hardgrave, a Realtor, has found himself in hot water with state officials for comments he made regarding an Ethics Commission investigation of state Rep. Rex Duncan.

Hardgrave told the Tulsa World in December that an Ethics Commission investigator had contacted him seeking information about the sale of the lawmaker’s home to American Environmental Landfill in Sand Springs.

Since making his public comments, Hardgrave has apparently been targeted by the Ethics Commission.

State Ethics Commission rules prohibit an individual from divulging virtually any information regarding a complaint or ongoing investigation conducted by the agency.

Hardgrave’s lawsuit, filed Thursday in Tulsa County District Court, challenges that prohibition.

Hardgrave, who lived in the same neighborhood as Duncan and had sold several houses there, was Duncan’s most vocal critic after learning how much money the lawmaker received from the sale of his former home.

He believes that Duncan, R-Sand Springs, received special treatment from the landfill company after he had threatened to oppose an expansion of its facility.

The Tulsa World reported in September that Duncan had threatened landfill officials at a public hearing two years earlier that he would do everything he could to stop the expansion.

Then Duncan sold his home for $270,000 to the landfill company.

Hardgrave, in his petition, claims “the evidence will show that the federally-required appraisal on the home valued the home to be worth greatly less than what (the) Landfill had paid Defendant Duncan.”

Duncan could not be reached Thursday for comment.

But the lawmaker previously has stressed that he was not successful in stopping the Osage County Board of Adjustment from granting the landfill company permission to expand, and that the company did not offer to buy his home until after it had won its case.

Hardgrave names the Ethics Commission and Duncan as defendants in his lawsuit.

The lawsuit requests a judge enter a declaratory judgment finding that the gag rules unconstitutionally violate free speech rights and find that the commission violates the state Open Meeting Act “with regard to its secrecy practices.”

The state ethics agency will not confirm or deny whether it is investigating a particular case.

Ethics Commission officials declined to comment on the lawsuit or the basis for the complaint disclosure prohibition.

Hardgrave also seeks unspecified monetary damages against Duncan “as a result of the conspiracy to gag/punish plaintiff for being vocal about Defendant Duncan’s graft.”

Steven Hickman, who filed the lawsuit on behalf of Hardgrave, called the request for monetary damages “incidental.”

“What we’re really after is to bring to light what really happened,” Hickman said. “We have a governmental agency whose function is to bring that to light and they buried it. You can’t take a legislator out to dinner or buy him a cup of coffee, but you can buy his house from him at above market prices and just funnel money through him that way. Part of what we’re wanting to do is expose the corruption that is going on here.”

Hardgrave claims in his lawsuit that he was unaware of the gag rule, until the Ethics Commission launched an investigation against him.

He also claims that the Ethics Commission dismissed the complaint against Duncan on Dec. 11.

Hardgrave claims Duncan shortly thereafter filed a complaint against him, claiming Hardgrave violated the commission’s gag rule when he talked to the World and other media about the complaint against Duncan.

Hickman said Hardgrave did not file the complaint against Duncan.

The lawsuit has been assigned to District Judge Rebecca Nightingale.

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Coffee Names McKinney To Ethics Commission

Senate President Pro Tempore Glenn Coffee announced Thursday that he is appointing Bob McKinney of Claremore as a new member of the Ethics Commission.

McKinney and his wife Marguerite have been married for 21 years and have three sons. He is a graduate of the University of Arkansas with a degree in Finance.

McKinney has served as Senior Executive Vice President at RCB Bank in Claremore since 2002, with over 41 years of banking experience.

McKinney is a community leader in Claremore, including Rotary, Chamber of Commerce, Big Brothers Big Sisters and Claremore Regional Hospital.

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Brown Seeks 'Robust' Ethics Commission

House Democratic Floor Leader Mike Brown, D-Tahlequah, today called on lawmakers from both sides of the aisle to champion open government by strengthening the state’s Ethics Commission.

“I think we all agree that the way to restore the public’s faith that their government is working for them is to be open about what their elected officials are doing,” Brown said. “And sadly, the honor system doesn’t always work. We need a robust watchdog whose full-time job is keeping us accountable.

“The best way to prove to the people of our state that we are serious about transparency and accountability is to strengthen the Ethics Commission,” Brown stated.

In two recent meetings of the House General Government and Transportation Subcommittee, officials from the Ethics Commission have requested funding for additional personnel, including another investigator. Currently, the commission has only one investigator.

Some discussions in the subcommittee meeting focused on alternatives to adding staff, such as relaxing reporting requirements for campaign contributions or contracting work to the private sector. Brown disagrees with those suggestions, saying it would weaken the public’s faith in the Ethics Commission.

“No matter why we do it, if we weaken the rules or contract out this work, the public will think we’ve got something to hide,” he stated.

“After the serious problems last session with some elected officials’ ethical violations, we can’t turn around and question whether we need this agency,” Brown said. “Unfortunately, I think that some of the Republicans’ discussion came across as partisan, and we all need to clarify our priorities.

“When the House Republicans rolled out their agenda, ethics reform and accountability were high on their list of priorities. We’ve set up the Ethics Commission to carry out that work, so let’s give them the tools they need to do it.”

Brown stated that one of the biggest obstacles for the commission is that it lacks authority to enforce the rules when violations occur.

“When the Ethics Commission investigator finds a potential criminal violation, their work stops there and they have to rely on law enforcement to pick it up. If boards that regulate law and medical professionals can assess fines for violating their rules, then why can’t the Ethics Commission do the same?” Brown questioned. “We’ve given this agency all the responsibility, but none of the authority. This session, I’d like to focus on doing everything we can to give this commission some teeth.”

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Raley Named Ethics Commission Chairman

From The Tulsa World ~ John Raley, an outspoken state ethics commissioner, on Friday was named chairman of the watchdog board that scrutinizes candidates' political campaigns.

Raley noted that commissioners do no receive any pay for serving, other than mileage to and from meetings.

"We do it because we love this state and want to serve," said Raley, a former U.S. attorney from Ponca City.

Raley has been the most vocal critic of the state Legislature's failure to fund the state Ethics Commission adequately.

He has threatened to sue the Legislature if it did not substantially increase the commission's budget.

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Ethics Commission Raps McMahan's Knuckles

The Ethics Commission issued a "public reprimand" today against former Auditor and Inspector Jeff McMahan for soliciting a campaign donation from an employee in his office.

The employee, Martha Grubb, is one of the dozens of McMahan employees identified by The McCarville Report Online in 2006 as donors to his campaign.

McMahan was convicted in June on three counts of conspiracy and accepting public bribes.

The Ethics Commission said that on July 14, 2005, McMahan sent the letter in violation of an ethics rule which states than an elective officer shall not knowingly solicit, directly or indirectly, a campaign contribution from an employee.

The reprimand does not carry a fine or any other punishment except for the issuance of a letter from the Ethics Commission.

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Jones Seeks Ethics Panel Probe, Says 18 PACs Used To Funnel Workers Comp Donations

From The Oklahoma Republican Party ~ Oklahoma Republican Party Chairman Gary Jones said today that it’s time to quit playing politics with the issue of campaign ethics violations in Oklahoma and called on Oklahoma Democrat Chairman Ivan Holmes to join him in putting a stop to illegal contributions and ensure that no Oklahoma elections are determined with the use of illegal or unethical contributions.

“Several months ago I asked Chairman Holmes to join with me for the purpose of making Oklahoma elections fair and equitable,” Jones said. “If Chairman Holmes truly wants fair elections he will work together to help put a stop to the sleazy politics that have plagued our state’s past.

“In 2002 I had an election stolen from me with over $150,000 in illegal contributions to my opponent. It wasn’t until after the 2006 rematch that the majority of my opponent’s contributions were confirmed as improper,” Jones said. “I don’t want to see any other candidate, Democrat or Republican, have an election stolen as a result of illegal funding.

“Chairman Holmes stated he has concerns that he wants looked at. I, too, have concerns,” Jones continued.

“Let’s both just lay our concerns on the table and demand that the rules be followed.”

“Recent on-line reporting and internet access to contribution reports has allowed Oklahoma citizens to view reports and closer scrutinize those contributions,” Jones explained. “It was that access that helped make the connections that led to the indictment and conviction of many who violated campaign laws and violated the public trust.

“I am alarmed by the funds received and distributed by the Working Oklahomans Alliance PAC. The funds are collected from injured workers by their workers compensation attorneys; recent articles in the Oklahoman say the contributions could total over $1,000,000 and many supposed contributors say they didn’t know they were making political contributions,” Jones said. “Funds from the Working Oklahomans Alliance have been funneled into at least 18 other political action committees.

“These practices appear to be unethical and possibly criminal as well,” Jones asserted. “It is imperative that the Oklahoma Bar Association investigate this activity and the attorneys involved be held responsible, and possibly disbarred if appropriate.

“I call on the Oklahoma Ethics Commission to immediately open an investigation and a put a stop to this before any candidate gets elected with illegal or unethical funds,” Jones said. “Any candidate who has accepted these funds should immediately dispose of these tainted contributions.

“Recently Attorney General Drew Edmondson made a gift from his campaign funds to the Oklahoma Ethics Commission. Chairman Holmes has been asking for more funding for the ethics commission. I hope he will join me in asking anyone who has accepted a contribution from anyone tied to this scheme give that as a gift to the Ethics Commission to investigate this and any concerns Holmes or others might have,” Jones concluded.

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Edmondson: Cargill Won't Be Prosecuted

Attorney General Drew Edmondson's office has found there's nothing to warrant a criminal prosectuion of former Republican House Speaker Lance Cargill.

Cargill was cited by the Ethics Commission in a critical report issued today.

Edmondson spokesman Charlie Price said, "We did not find sufficient evidence to warrant a criminal prosecution."

In a statement, Cargill said, "I certainly worked to promote the election of Republicans, but I never intended to violate any rules of the Ethics Commission, and I acted in good faith in regard to the events at issue.''

Cargill's statement continued: "Although I disagree with the reprimand, I respect the role of the Commission. It is appropriate that they have investigated so that this matter can now be concluded.''

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Ethics Commission Seeks More Employees

By Mick Hinton/Capitol Bureau, Tulsa World ~ The Ethics Commission, a small state agency that monitors political contributions during elections, asked the Legislature on Friday to nearly double its staff.

The commission's governing board approved a request for five more employees to be added to the current staff of seven.

The request comes on the heels of the staff getting a 30 percent pay increase, a move that riled several lawmakers when most other state employees are going without raises.

The commission is asking for an additional attorney, another auditor and investigator, an administrative assistant, training specialist and legal secretary.

Commissioners recently granted executive director Marilyn Hughes the pay increase. She now is paid $110,000 a year. Hughes, who has authority to grant pay increases to her employees, gave them the same raises.

Last session, the Legislature granted $150,000 in new funding for the agency, but failed to allocate more personnel.Hughes said this left the agency with little choice on how to spend the allocation. They are purchasing new computers for the employees.

However, Rep. Gus Blackwell, R-Goodwell, said the agency should have put that money into operations rather than raises, then possibly tapped that money next year, if the Legislature approves more personnel.

Some lawmakers said the agency's raises will make it more difficult for the Legislature to look favorably on giving more money to the ethics commission.

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Reynolds Urges Henry To Veto Ethics Bill

Rep. Mike Reynolds today urged Governor Henry to veto a bill funding the Ethics Commission and force the Legislature to rewrite the agency's budget.

In a letter sent to the governor, Reynolds noted the Ethics Commission is a Constitutional body that the people have said "must be sufficiently funded" and urged Henry to veto House Bill 2286.

"With two days left in the legislative session and several million dollars still available, this will allow for a bill with sufficient funding to be enacted," Reynolds said.

If Henry does not want to veto the entire bill, Reynolds said, he could also use the line-item veto to oppose a section requiring the commission to spend $50,000 on a new software system that would be used to record campaign donations.

Reynolds noted that the Ethics Commission "has clearly indicated it is not compliant with their rules -- they do not want it and will not use it. Additionally the estimate for the cost of this software has been shown to be in excess of $750,000."

Reynolds noted that Henry had vetoed similar legislation in 2004.

This year's state budget provides about $667,000 to the Ethics Commission, an increase of about $140,000 less than the absolute minimum commission officials have repeatedly said they need to do their jobs.

The commission yesterday threatened to sue the Legislature if additional money is not provided.

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Ethics Commission Threatens Funds Suit

The Ethics Commission today threatened to sue the Legislature if it doesn't appropriate more money before it adjourns.

"It's a warning," Commissioner John Raley said. "This is what we intend to do."

Last month, legislative leaders and the governor agreed that the commission would receive about $667,000 - a 30 percent increase - for the 2009 fiscal year that starts July 1.

The commission had requested a third more than that, about $906,000, to be adequately funded.

The increased funding does not provide for any additional workers for the Ethic Commission, which has seven employees. One third of the funding increase, or $50,000, is earmarked by legislators for a computer software program for campaign reporting that the commission does not want.

Commission Chairman Don Bingham said commission members hope legislators will at least provide funding for an investigator, which would give the commission two investigators. Legislators are planning to adjourn Friday.

"We're trying to avoid (filing) litigation," Bingham said.

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Ethics Commission May Sue For Funding

From www.tulsaworld.com ~ Ethics commissioners are contemplating a lawsuit against the Legislature to force elected officials to adequately fund the watchdog agency created by a vote of the people.

Chairman Don Bingham said Thursday that the State Ethics Commission is the only state agency the constitution specifically states must be adequately funded by the Legislature.

"The Legislature doesn't have to fund the Department of Human Services, or the governor's office, but it must fund the Ethics Commission," said Bingham, a Tulsa attorney.

Bingham said he is not optimistic that the Legislature will come forth with enough funding this session. The commission will wait and see what occurs by the end of session in May, then decide whether to file a lawsuit.

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GOP Leader Says Ethics Funding A Priority

A top Republican House leader said Wednesday that allocating more money to the Ethics Commission will be a priority this session.

The commission's duties have expanded over the last few years, but its operating budget has been cut by half, Executive Director Marilyn Hughes told the House Rules Committee.

Rep. Greg Piatt, the House majority leader, said, "Our responsibility is to adequately fund the Ethics Commission. I believe that will be one of our priorities this year."

The Ethics Commission oversees campaign activities of elected officials and apparently has been looking into questionable fundraising by House Republicans in the 2004 and 2006 elections. Former Speaker Lance Cargill, who resigned last week, led the House GOP political action committee in 2004. He was the speaker during the 2006 election.

Hughes said the commission has seven employees, just as it had in 1994. She is seeking funds to pay for an additional lawyer and investigator. Operational dollars have dwindled as the agency used them to pay for increased benefits and other fixed costs that have not been funded by the Legislature.

Rep. Lucky Lamons, D-Tulsa, has filed a bill calling for an overall Ethics Commission budget of $886,980, an increase of more than $380,000.

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Ethics Commission Approves New Rules, Limits PAC-to-PAC Transfers, Lobbyist Expenditures

From News Reports ~ The Oklahoma Ethics Commission today unanimously approved a stringent rule to stop political action committees from funnelling multiple contributions to a candidate in a tough race.

The commission also voted to allow lobbyists to spend only $100 per year on legislators in an effort to halt certain lawmakers from being treated to high-dollar dinners. The previous limit was $300.

Rep. Mike Reynolds, R-Oklahoma City, said reports indicate political action committees are getting around the intent of the law by moving $5,000 to other PACs, which then transfer that money to a candidate. Ethics officials said they think this is the first such rule in the nation prohibiting PAC-to-PAC contributions.

Ponca City Commissioner John Raley wanted to set a limit of $25 on the price of any meal. However, the commission decided that would be too drastic a change in the rules. The new rules are scheduled to become effective July 1st.

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Mike Brown Wants Ethics Commission Expanded To 'Eliminate Any Corruption That Exists'

“Oklahomans should be concerned about the facts that Chairman of the Democratic Party Ivan Holmes brought up today,” said Representative Mike Brown, D-Tahlequah. “House Republicans seem to be under a lot of investigation and scrutiny. This could be an arduous task for an under funded Ethics Commission whose staff is already stretched thin, and resources limited. The House Democrats will push for expansion of the Ethics Commission power to eliminate any corruption that exists. Accepting bribes is completely unethical and destroys the dignity of the Oklahoma House of Representatives.”

“House Democrats have made ethics reform one of their top priorities for the upcoming Session," Brown said. "Unethical and illegal fundraising and spending practices will not be tolerated. Oklahomans deserve to have a fair and ethical government they can depend on. Without the result of full bipartisanship and support on this issue there will be no change."

See Holmes' statement below.

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Lamons Seeks More Ethics Commission Funding

UPDATED ~ State Rep. Lucky Lamons today announced he has filed legislation to increase the Ethics Commission's budget by 70 percent.

Lamons' bill will increase the watchdog agency's funding by$369,000 per year to hire additional staff and pay for new technology.

The Ethics Commission, which enforces state campaign finance laws, currently has an annual budget of just $518,000.

"In order for the public to trust their elected officials, we must be monitored by an agency that has some autonomy from the Legislature," said Lamons, D-Tulsa. "We must fund this agency and give them the resources necessary to oversee the financial transactions conducted by elected officials' campaigns."

The $369,000 increase includes money for the following improvements:*$75,000 for increased operational expenses;*$37,000 to double the agency's office space;*$26,000 for information/technology improvements;*$45,000 for performance increases; and*$186,000 to hire three new employees - a training specialist ($52,000), a new auditor/investigator ($56,000) and a new attorney($78,000).

Lamons said he will be a "strong supporter" of an ethics reform bill filed by Rep. David Dank (R-Oklahoma City), but said his legislation will complement Dank's efforts.

Dank's legislation would ban in-session legislative campaign contributions, prohibit shadowy transfers of campaign funds between political action committees and ban the use of campaign funds for personal use.

"I plan to support Representative Dank's sweeping ethics reform package, but for us to implement those new recommendations, it is imperative to increase the Ethics Commission's staff and appropriation," Lamons said."I believe there is a very good chance of new ethics reforms becoming law this year with bipartisan support."

The Democratic lawmaker said more funding is imperative now that questions have been raised about Republican House Speaker Lance Cargill and his leadership team concerning contributions intended for the state party that ended up with the Oklahoma County party and were spent on key House races.

Late today, Dank issued this statement: "While I appreciate Representative Lamons support for my comprehensive ethics reform measure and look forward to working with him to win its passage, I think it is inappropriate to point to any purported past violations when discussing additional funding for the State Ethics Commission. The issue is not partisan, but simply a matter of open and good government. Democrats, as well as Republicans, have been the target of ethics investigations in the past and several members of the Democrat leadership team were guilty of funneling personal campaign monies into a phony political action committee that slandered Republicans—including me—in the last two general elections. This Win Pac political action committee was founded by former Democrat Speaker of the House Larry Adair and funded in the last general election by virtually the entire Democrat leadership team, the Oklahoma Education Association and a host of other Democrat operatives and political action committees. So, I would suggest that we leave any of this speculation about past violations out of the discussion and concentrate on what we can do to assure proper conduct in the future."

The status of such a probe by the Ethics Commission is unknown because the agency's investigations are kept secret by law. However, a former Republican state lawmaker, Ray Vaughn of Edmond, confirmed that he visited the Ethics Commission office on Friday. Vaughn is now an Oklahoma County commissioner. His spokesman, Rick Buchanan, said that would be the only comment Vaughn would have regarding the visit. Vaughn said earlier that he had given $5,000 to the state party and was disturbed to learn that it went to the county party instead.

Republican Party Chairman Gary Jones also confirmed that he visited the Ethics Commission office Friday. Jones noted earlier that the Ethics Commission was raising questions about the contributions being diverted from the state to the county. Although several checks were written to the state, records showed that they ended up in the Oklahoma County Republican Party's coffer.

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Henry Names Pettigrew To Ethics Commission

Governor Henry has appointed Jo Pettigrew to serve on the state Ethics Commission. A former teacher and assistant executive director of the Oklahoma State School Board Association, Pettigrew served for nine years as executive director of the United Suburban Schools Association of Oklahoma.

Henry said he is certain Pettigrew, a McLoud resident, will make an excellent commissioner. “Jo Pettigrew has dedicated her professional life to excellence in education,” Henry said. “She possesses the intellect, integrity and commitment to public service that will serve her well on the Ethics Commission.”

Pettigrew, who succeeds Ken Elliott, takes on her new post at the Ethics Commission’s next scheduled meeting on Tuesday, Dec. 18. Her term expires in 2012.

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Mike Reynolds Chides Edmondson, Henry, McMahan

State Rep. Mike Reynolds said today that Attorney General Drew Edmondson, who recently admitted receiving illegal campaign contributions, has yet to correct all the “mistakes” his campaign finance reports show.

“Several months ago I questioned whether Attorney General Edmondson truly cared about Ethics laws in Oklahoma. I don’t know if he asked the State Auditor to help him clean up his errors, but it appears that he has many additional mistakes that have not been corrected,” said Reynolds, R-Oklahoma City.

“While Edmondson decided that he disagreed with the Ethics Commission’s interpretation of its own rules, he apparently thought it best to comply. After taking a week’s vacation to sort the mess out, he wrote a note to the commission saying he was paying back his own campaign for the money he had taken from it.

“When other people that don’t have their own law enforcement branch make these mistakes, they suffer far greater consequences. They may wind up paying legal fees, accounting fees, or fines to the commission – fines that are supposed to be triple the amount of the illegal contribution.

“I would like to thank the AG for correcting his mistakes – OR at least some of them. I have been waiting to see when he would find additional errors that seem to be all too obvious. In addition to the 12 illegal contributions already reported by Edmondson, he might add these to the list.”

(First date is "expense date," second is "contribution date") 09/14/06 $250.00 Brad Henry 09/22/06 Tickets to event; 12/12/06 $500.00 Jari Askins 12/21/06 Event-Campaign Expense; 03/08/06 $100.00 Sandy Garrett 03/14/06 Registration Event; 03/29/06 $100.00 Robbie Kerr 04/17/06 Registration Event; 02/01/06 $100.00 Neil Brannon 02/08/06 Tickets Event; 01/28/06 $100.00 RC Pruett 01/30/06 Tickets Event; 01/24/06 $100.00 Terry Harrison 02/02/06 Tickets Event; 03/13/06 $100.00 Wade Rousselot 03/13/06 Tickets Event; 05/16/06 $100.00 Casey Davis 05/16/06 Tickets Event; 06/14/06 $100.00 Steve Gallo 06/24/06 Registration Event; 07/19/06 $100.00 Eric Proctor 07/31/06 Sponsorship Event; 01/30/06 $100.00 Glen Smithson 01/30/06 Unreimbursed Expense; 09/29/06 $100.00 Wallace Collins 10/15/06 Tickets Event

“When the AG finishes with these corrections, he might also want to see if he received any illegal corporate contributions,” Reynolds said. “I bet if he looks hard enough he can find at least one.

“After taking care of these oversights he might explain to Governor Brad Henry that $5,000 is the maximum that can be legally received.

Friends of Brad Henry 11/12/06 $4000.00 Harry Wilson; Friends of Brad Henry 11/02/06 $4000.00 Harry Wilson

“And last, but certainly not least, are the contributions to Jeff McMahan. Since his campaign is broke (although he does have enough to repay his personal loan) and cannot refund the excessive contributions received from Gene Stipe, Steve Phipps and their cronies, there must surely be another way to solve this problem,” Reynolds said. “Although he probably would not have his job today if he hadn’t taken these illegal contributions, please add the following to the growing illegal debt. As a certified fraud examiner and State Auditor, I’m sure McMahan will have no problem finding the paperwork.”

Mark Bilbrey* 12/17/03 $1000.00; Mark Bilbrey 12/29/05 $5000.00

Randy Dittman* 12/17/03 $1200.00; Randy Dittman 01/01/05 $5000.00

Beverly Jones* 12/17/03 $1000.00; Beverly Jones 08/07/03 $500.00; Beverly Jones 06/03/04 $500.00; Beverly Jones 04/29/03 $500.00; Beverly Jones 08/16/05 $3000.00; Beverly Jones 05/15/05 $500.00; Beverly Jones 05/25/05 $1000.00

“Each of the above is an abstractor, one of the industries the Auditor oversees!” Reynolds said.

“In addition to these oversights there was $12,500 in Campaign Loans that were on the Dec. 31 report that have disappeared on the Report for March 2007.”

Supporting ethics documents, Reynolds said, may be found at www.oklahomadata.com/EthicsProblems.pdf

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Oklahoma Campaign Disclosure Ranked By Project

A new report from the Campaign Disclosure Project, a collaboration of the UCLA School of Law, the Center for Governmental Studies, and the California Voter Foundation, supported by The Pew Charitable Trusts, gives Oklahoma a rank of "C" for campaign finance disclosure requirements, placing the state 23rd out of the 50 states. Here's the group's report:

O k l a h o m a Grade Rank C 23 (Out of 50 states)

Subcategories Grade Rank: Campaign Disclosure Law C+ 26; Electronic Filing Program A 16; Disclosure Content Accessibility B- 22; Online Contextual & Technical Usability F 35

The State of Disclosure in Oklahoma

Oklahoma’s disclosure program earned a C in 2007, ranking 23rd overall. Strong gains in the Electronic Filing category were offset by a weaker performance in other categories, resulting in the same overall grade as in 2005.

Oklahoma received a lower disclosure law grade in 2007 as study researchers found that candidates are required to report the dates and descriptions of their campaign expenses, but not the names of vendors. The law requires that candidates report detailed information about contributors giving more than $50, including occupation and employer data. Large, last-minute contributions are disclosed prior to Election Day, as are last-minute independent expenditures. Electronic filing became mandatory in 2006 for both statewide and legislative candidates who reach a $20,000 threshold. The Oklahoma Ethics Commission provided training sessions in advance of the mandate to assist new electronic filers, and the agency reports having strong technical support for its program.

Oklahoma earned a B- and ranked 22nd in the Disclosure Content Accessibility category in 2007. Electronically-filed reports are available immediately online, and paper filings are posted online within five days of receipt. The state offers online, searchable contribution and expenditure databases that include both electronically-filed reports and data-entered records from paper-filed reports. The result is that Oklahoma’s online databases, which were previously found to contain only 25 percent of state disclosure records, are now comprehensive. Improvements could be made to the functionality of the databases. Currently, users can limit their searches by aggregate amounts, but cannot search records by an exact amount. Users can search expenditures by vendor; however, because vendor name disclosure is not mandatory, the search does not return comprehensive results. Given that campaigns must disclose the date and purpose of an expenditure, adding these search fields would be useful.

Oklahoma’s grade in the web site usability category slipped back into the F range after having earned a D- in 2005. Usability testers took longer finding specific data in 2007 and found the site’s terminology to be more confusing than in 2005. While the site now includes a helpful candidates list, it could be enhanced with additional contextual information. Specifically, explaining the contents of the databases, including which candidate reports are available, the time period covered and instructions for accessing the data would be of great help to site visitors. The Ethics Commission provides informative “Top Ten” lists of candidates’ fundraising; providing complete summaries of totals raised and spent by all candidates would add valuable contextual information to the web site.

View the site at http://campaigndisclosure.org/gradingstate/index.html

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