Rex Duncan: The 'Republican' I Can't Support

Former Rep. Rex Duncan is out with an email on the Senate District 20 special election candidates, and he says there is one "Republican" he can't support, Phil Berkenbile.

His email:

Subject: Senate District 20 Special Election
Date: Tue, 6 Dec 2011 22:22:28 -0600

All,

It is imperative Republicans elect a true conservative in the February 14th primary. While I haven't met all the announced candidates I do know at least one.

The one I know is the one I cannot support. He was a long-time Democrat until last year. He endorsed Jari Askins for Governor last year (look it up on Google). He has been a long-time contributor to many Democrat candidates and incumbents. He contributed to my 2004 opponent in the general election.

He lead the opposition to the pro-2nd Amendment legislation allowing holders of concealed-carry permits to leave their pistols in their locked cars in the parking lot of Career Tech campuses (even though you can leave it in your locked car on every state university parking lot). Governor Fallin signed the bill this year after this "Republican" failed to kill it another year.

What we DON'T need is another flip-flopper who changed parties after his party lost the House, Senate and Governor's office. We need candidates with principle, men and women who know what they stand for and don't change colors with the political winds.

I ask you to do your political homework. Find out where each Republican candidate stands on our bedrock values. Find out how long they've held such beliefs. Ask them why they spent a lifetime being and supporting Democrat politicians and opposing conservative legislation, until it became politically expedient to change.

The Republican party doesn't need any more RINOs. We need men and women with the backbone and strength of character to stand up for what they believe, and do so over time and in the face of political adversity.

The man about whom I'm talking would make a predictable, liberal Democrat candidate. We can do better and will have nobody to blame but ourselves if we allow familiarity and name-recognition to trick us into hiring a fake conservative.

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Duncan's Gun Rights Bill Goes To Henry

Legislation to prohibit employers from asking a potential employee if they own a firearm is one signature away from becoming law. The bill is now on Governor Henry's desk.

House Bill 1025, by Rep. Rex Duncan, is in response to President Barack Obama asking potential cabinet members if they owned or possessed a firearm, and if so, for its registration information on their background application.

“I was deeply offended by President Obama’s question. It was an infringement on Second Amendment rights, and I want to make sure no Oklahoma employers, either public or private, are allowed to ask a similar question on a job application,” said Duncan, R-Sand Springs.

Currently, there are over 80 million gun owners in the United States and Duncan said it is their right and their business.

“Exercising your constitutional rights should not be a barrier to employment in America,” Duncan said. “It’s that simple.”

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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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Don't Ask About Guns Measures Advance

From The Tulsa World ~ Measures moving through the Legislature would ban employers from asking job applicants whether they own a gun.

The Senate passed Senate Bill 793 by Sen. Anthony Sykes, R-Moore, on Monday by a vote of 43-1. The measure now heads to the House.

Employers found guilty of violating the proposed law could be fined as much as $1,000 and/or jailed for as long as 90 days. It would apply to all employers, private and public.

The House voted last month to pass House Bill 1025 by Rep. Rex Duncan, R-Sand Springs, which also would ban employers from asking whether a job applicant owns a weapon. The vote was 85-15.

Sen. Tom Adelson, D-Tulsa, questioned the necessity of what he called a "silly" measure. He was the only senator to vote against the measure. Adelson asked whether it provided an exemption for an employer who determined through a background check that an applicant had a criminal history and needed to know whether the person might be a risk to employees.

Sykes said the measure provided no exceptions. But Sen. Steven Russell, R-Oklahoma City, said felons are prohibited from carrying weapons. Adelson said employers have freedom of speech and should be able to determine whom they will hire. "Isn't it a free country?" he asked. Adelson said the bill appeared to be designed to show that someone is more American than someone else.

Russell, noting that employers can't ask about an applicant's race or religion, said they shouldn't be able to ask about gun ownership, either.

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Gun Question Bill Advances To Full House

A bill that would make it a misdemeanor for an employer to ask a potential employee about gun ownership has passed a House committee and now goes to the full House for action.

House Bill 1025, by Rep. Rex Duncan, R-Sand Springs, was filed after it was disclosed that President Obama's transition team job questionnaire included a question about gun ownership and usage.

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Obama's Gun Question Would Be Banned In Oklahoma Under Rex Duncan's Proposed Law

Sand Springs Rep. Rex Duncan wants to make it unlawful for private or public employers to ask job applicants if they own a firearm, a move aimed directly at President-elect Obama's transition team questionnaire that seeks such information.

Duncan's prefiled measure, House Bill 1025, reads, "It shall be unlawful for any private employer doing business in this state to ask any applicant for employment information about whether the applicant owns or possesses a firearm. Any private employer who violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), or imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment.

"B. All public employers and public officials within this state shall be prohibited from asking any applicant for employment information about whether the applicant owns or possesses a firearm. Any public employer or public official who violates the provisions of this subsection shall be deemed to be acting outside the scope of their employment and shall therefor be barred from seeking statutory immunity from any exemption or provision of The Governmental Tort Claims Act."

Obama's questionnaire seeks information about gun ownership and seeks to determine the applicant's degree of involvement with firearms. The question has been criticized by gun rights activists and organizations, including the National Rifle Association, Gun Owners of America, and others.

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World: Ethics Panel Probes Duncan's Home Sale

By Mick Hinton/Tulsa World Capitol Bureau ~ An investigator for the Oklahoma Ethics Commission has contacted a former neighbor of state Rep. Rex Duncan seeking information about the sale of the lawmaker's home for a lucrative price to a Sand Springs landfill company.

Realtor Tom Hardgrave told the Tulsa World that he has been contacted by Darey Roberts, the commission's investigator, and was asked to provide information about the land sale.

Hardgrave, who lived in the neighborhood 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.

Responding to the investigator's Nov. 5 request, Hardgrave said in a letter to the Ethics Commission that Duncan received "in excess of $70,000 more than the home was valued at the time of the sale."

Duncan never put his home on the market but sold it directly to American Environmental Landfill.

Read the entire story at www.tulsaworld.com.

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World: Lawmaker's Home Sale Raises Queries

By Mick Hinton/Tulsa World Capitol Bureau ~ Rep. Rex Duncan led the neighborhood charge against a company's effort to double the size of its landfill, less than a mile downwind from the west Sand Springs subdivision where the state lawmaker lived.

Duncan was the neighborhood champion, noted for making emotional pleas at several public hearings in early 2006.

But then, American Environmental Landfill Inc. bought Duncan's house, doubling the price the lawmaker had paid for the property 13 years earlier. Duncan, R-Sand Springs, received $270,000 for the house that had cost him $135,000.

Read the entire story at http://www.tulsaworld.com/news/article.aspx?subjectID=12&articleID=20080907_16_A17_Americ956726.

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Sullivan Says Lawsuit Reform Probably Dead

By Mick Hinton/Capitol Bureau, Tulsa World ~ An effort to pass lawsuit reform legislation and cap attorneys' fees apparently is dead this session, the House author of the legislation conceded Thursday.

Rep. Dan Sullivan, R-Tulsa, failed to get enough votes in the House to amend a lawsuit reform bill so that the fees attorneys charge the plaintiffs they represent would be limited.

Sullivan's chances of passing the amendment were crippled because of a GOP dissenter, Rep. Rex Duncan.

Read the entire story at http://www.tulsaworld.com/news/article.aspx?subjectID=12&articleID=20080425_1_A10_spanc28430.

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Andrew Lester Hired As Impeachment Counsel

Edmond attorney Andrew Lester was hired today to serve as special counsel for the House committee looking into possible impeachment proceedings against state Auditor and Inspector Jeff McMahan.

Lester, of the firm Lester, Loving and Davies, will start work immediately going over evidence in the case and talking with federal prosecutors, Rep. Rex Duncan, committee co-chairman, said today.

Lester's firm was among 10 law firms considered and among four finalists, said Duncan, R-Sand Springs. It helped that the law firm, with about 10 members, is big enough to handle the job, has a former state attorney general, Susan Loving, as a member, and that Lester has committed the time to make the committee's work a priority, Duncan said.

Lester will be paid at least as much as the special counsel who was hired four years ago in the impeachment query against state Insurance Commissioner Carroll Fisher. The special prosecutor in that case was paid between $250 and $275 an hour, officials said.

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McMahan Impeachment Committee Meets Today

A House committee looking into possible impeachment proceedings against state Auditor and Inspector Jeff McMahan is scheduled to meet today at the Capitol.

House Speaker Chris Benge said the Republican co-chairman of the committee told him it is possible the work could be finished before the session ends May 30.

The Democratic co-chairman, Rep. David Braddock of Altus, said members are expected to discuss and perhaps make a decision on hiring an outside attorney to head up the investigation.

"We're going to try to follow the process that was followed with the (Carroll) Fisher (impeachment committee) meetings,” Braddock said. "That was a good format.”

Whether the committee will address McMahan's absence from his office since the federal indictment isn't known; some argue he has abandoned the office and thus, is subject to removal on that grounds.

McMahan and his wife, Lori, have been indicted on federal charges of mail fraud, bribery and conspiracy. Their trial is set for June.

It took about four months for the Fisher impeachment committee to complete its work but the McMahan committee's Republican co-chairman, Rep. Rex Duncan of Sand Springs, believes it won't take that long.

If the committee recommends removal, the full House will vote on articles of impeachment and the case moves to the Senate for a trial.

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Speculation Increases About McMahan Probe Panel

With certain House approval next week of a resolution calling for an investigation of Auditor and Inspector Jeff McMahan that could result in his impeachment, there's speculation today about those who might serve on the committee.

New House Speaker Chris Benge of Tulsa will name the eight committee members, four Democrats and four Republicans, with a member of each party serving as co-chairman.

Rep. Mike Reynolds, Oklahoma City Republican, authored the resolution and is said by some to be able to cite line-by-line from the lengthy, nine-count federal indictment of McMahan and his wife, Lori. He told Oklahoma City radio station KTOK he would like to serve on the committee. His problem is that he's viewed as a maverick always on the outs with his own party's leadership and he's butted heads with Benge in the past.

Others mentioned as possible members are all attorneys and include Reps. Rex Duncan of Sand Springs, chairman of the House Judiciary Committee; T. W. Shannon of Lawton, assistant majority whip; Dan Sullivan of Tulsa, assistant majority floor leader and chairman of the Civil Justice Committee; and John Trebilcock of Broken Arrow, whose resolution authorized the panel that investigated former Insurance Commissioner Carroll Fisher.

Capitol sources say that while the Benge appointments won't be certain until they are announced, three top members of Democratic Leader Danny Morgan's team, and a highly-respected former Oklahoma Highway Patrol trooper, are possible members of the committee. They are Reps. David Braddock of Altus, James Covey of Custer City, Paul Roan of Tishomingo and Dale Turner of Holdenville. Covey is the minority floor leader and Braddock and Turner are deputy minority floor leaders. Roan is a retired OHP trooper and the former deputy sheriff of Pontotoc County. He's also a former first vice president of the Oklahoma State Troopers Association and is vice chairman of the House Civil Justice Committee.

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Duncan Joins Criticism Of Edmondson

The chair of the House's Public Safety & Judiciary Committee Tuesday criticized Attorney General Drew Edmondson's comments on Oklahoma's new immigration law, calling the remarks inappropriate for an official charged with defending the state.

In a December 4 article in The Oklahoman, Edmondson criticized Oklahoma's comprehensive immigration reform law (House Bill 1804) and called proposals to expand it "cruel."

"I find the Attorney General's comments a slap in the face to all the people who work hard and play by the rules in this state," said Rep. Rex Duncan, R-Sand Springs. "What's 'cruel' is taking law-abiding taxpayers' money and spending it on services for people who aren't even supposed to be here in the first place."

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Worldwide Quran News Coverage Surprises Some

From The Tulsa World ~ Marjan Seirafi-Pour and state Rep. Rex Duncan can agree on one thing. Both were astounded by the state, national and international attention given to the lawmaker's refusal nearly two weeks ago to accept a centennial copy of the Quran, the holy book of the Islamic faith. The Governor's Ethnic American Advisory Council, whose members are Muslim, offered copies of the Quran to 149 state lawmakers, and 35 declined, said Seriafi-Pour, a Norman resident and the council's chairwoman. Most of those who declined, including Duncan, are Republicans. Read all of Mick Hinton's story at www.tulsaworld.com.

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Total Of Legislators Who Refuse Quran Now At 15

The number of Oklahoma legislators refusing to accept copies of the Quran from the Governor's Ethnic American Advisory Council has grown to 15.

Rep. Rex Duncan was the first to announce his refusal to accept the Quran and he was followed by eight others. By late Tuesday, The Oklahoman reports, 15 legislators told the Council that they were returning the gift.

The number is expected to grow.

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More Legislators Refuse Copies Of The Quran

From The Tulsa World's Capitol Bureau ~ Six lawmakers in the 101-member House of Representatives have joined Rep. Rex Duncan, R-Sand Springs, in refusing a copy of the Quran.

The holy book of the Muslim religion was offered as a centennial gift by the Governor's Ethnic American Advisory Council.

Duncan refused a copy saying that "Most Oklahomans do not endorse the idea of killing innocent women and children in the name of ideology."

Allison Moore of Tulsa, who converted to the Muslim faith more than a decade ago, said Tuesday that the lawmaker is taking out of context what the Quran says: "We do not condone suicide bombers any more than the Christians."

According to the governor's council, other Republican representatives declining a copy of the Quran are David Derby of Owasso, Guy Liebmann of Oklahoma City, Scott Martin of Norman, Mark McCullough of Sapulpa, Mike Reynolds of Oklahoma City, and Susan Winchester of Chickasha.

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Duncan Objects to 'Centennial' Copy Of Quran

State Rep. Rex Duncan, R-Sand Springs, has written other legislators in objecting to being sent a "Centennial" copy of the Quran, compliments of the Governor's Ethnic American Advisory Council.

Duncan wrote his fellow legislators Monday that he is refusing a copy of the Quran because, ''Most Oklahomans do not endorse the idea of killing innocent women and children in the name of ideology.''

Marjaneh Seirafi-Pour, a Muslim, chairwoman of the governor's council, said she received a call from Duncan wondering whether state money was used to buy the books.

''Members of the Oklahoma Muslim community paid for copies of the Quran,'' she said. ''We are not trying to force anything on anyone. This is a peaceful, thoughtful project to introduce ourselves to leaders.''

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Duncan: DOC Audit On Schedule

A comprehensive Department of Corrections audit and performance review will move forward this year, after legislative approval of the project. State Rep. Rex Duncan, chairman of the House Judiciary and Public Safety Committee, said the process is underway to find a qualified firm to conduct the review of both the DOC's operational costs and its internal policies that may be contributing to the agency's annual budget shortfall.

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Extended Concealed Carry License Now Possible

Oklahomans will now be able to obtain a 10-year concealed handgun license thanks to a new law authored by Rep. Rex Duncan.

"I believe that law-abiding citizens who are willing to undergo training and subject themselves to stringent background checks can be trusted with a 10-year license," said Duncan, R-Sand Springs.

House Bill 1742, by Duncan, allows Oklahomans to obtain a concealed carry license for either five years or 10 years. Previously, a five-year license was the only type available. The cost of the 10-year license will be twice the amount charged for the five-year license. The bill passed the House 96-0 and then cleared the Senate 43-1. Governor Brad Henry signed the bill into law last week.

The legislation was part of the House Republican "Safe Families"platform in the Year of Ideas agenda.

"This is a pro-Second Amendment bill that respects the Constitutional rights of law-abiding Oklahomans," Duncan said. "This legislation halves the government bureaucracy facing citizens who want to protect themselves and their families. I'm not aware of any other state license that is good for 10 years. We're blazing new territory with this bill."

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Around The Rotunda: House Democrats Criticized

Victim Photo Buttons: A measure to allow families of murder victims to wear photo buttons of their deceased loved ones in courtrooms passed the House, despite what Republicans described as "baffling opposition from most Democrats." The House author of Senate Bill 868, Rep. Sue Tibbs, delivered an impassioned plea for victims and their families. The bill passed 58 to 41, picking up only eight Democrat "yes" votes during a Monday evening House floor session. "Victims' rights were taken away from them the day they took their last breath," said Tibbs (R-Tulsa). "The defendants seem to have all the rights, but all you ever see of the victim are crime scene photos. If the family wants to wear a button it proves that victims were once alive and smiled and laughed. It says to the world that they lived." Though the bill passed by an essentially straight party-line vote, the emergency clause of the bill failed because of opposition from a large number of House Democrats, meaning that the bill can't take effect immediately if signed by the governor. Rep. Rex Duncan, chair of the House Judiciary and Public Safety Committee, said it's not unusual for many Democrat lawmakers to "reveal their true liberal colors when the Legislature holds evening sessions."

Senate Advances Inmate Rehab Measure: The State Senate passed a key plank in the House GOP's legislative agenda on Tuesday, unanimously approving a measure to encourage faith-based groups to take a stronger role in rehabilitating Oklahoma prisoners. "I'm gratified by the overwhelming bipartisan support for this measure," said Speaker Lance Cargill (R-Harrah), author of House Bill 2101. "We should encourage faith-based and community volunteer organizations who want to help prepare inmates for life outside prison walls. With this measure, we're opening up the doors for their participation."

Tuition Lock Bill Passes Senate: Incoming Oklahoma college students could take advantage of a tuition lock proposal next year under a measure advanced by the State Senate this week. House Bill 2103 would create a locked-in tuition rate for in-state college students. The measure passed the Senate with bipartisan support by a vote of 26 to 20 this week. It now returns to the House for consideration.

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