Executive Branch Reform Act of 1986
Encyclopedia
The Executive Branch Reform Act of 1986 (74 O.S. Sections 10.1–10.4) is an Oklahoma
state law that requires the Governor of Oklahoma
to organize the various departments, agencies, boards, commissions and other entities of the state's executive branch into a cabinet
system.
The Executive Branch Reform Act was signed into law by Governor
George Nigh
on June 6, 1986.
as divided into some 300 different departments, agencies, board and commissions, with each (in theory) answering directly to the Governor of Oklahoma
. To help better coordinate the actions of the executive branch, Governor David L. Boren
began holding semi-official and semi-regular meetings with various heads of State agencies. Boren's successor, Governor George Nigh
appointed the Nigh Commission
to make recommendations to improve the efficiency of the State government. Following the Commission's report, Nigh pushed the Oklahoma Legislature
to address these structural problems. The result was the Executive Branch Reform Act of 1986, which established a Cabinet system for the executive branch, and establish the Oklahoma State Cabinet
with structured meetings with and reports to the Governor.
and the Oklahoma Turnpike Authority are organized in the Transportation Cabinet Area.
Originally, the Act only mandated the creation of one Cabinet Area: one concerned with veterans affairs. It has since been amended to mandate the creation of a new Cabinet Area concerned with information technology. Other than those two Cabinet Areas, the Governor is free to created such other Cabinet Areas, with such program objects, as he may deem necessary.
, and serve at the pleasure of the Governor. Each Secretary advises the Governor on any policy changes or problems within their Cabinet Area, represents the Governor in administering their Cabinet Area, and coordinates information gathering on their Cabinet Area for the Governor or Legislature when so required. However, the Secretaries are not an officer of the State government and does not possess the executive power of the State. They have no authority to direct or control any agency within their Cabinet Area except his own direct staff neither do they have the authority to hire or fire personnel in their Cabinet Area except those on his own direct staff. The compenent agencies are directed and controlled by their respective department heads. The Secretaries may only direct a compenent agency when previously authorization by the Governor through executive order.
The Governor is free to appoint any person he desires as a Cabinet Secretary, including the head of an agency. Any agency head within a Cabinet Area is allowed to as a Cabinet Secretary. This is because Secretary positions are semi-formal an are not legally classified as "officers of the State". For example, Governor Brad Henry
appointed Kevin Ward, the Commissioner of the Oklahoma Department of Public Safety
, to serve as his Secretary of Safety and Security. This allows Secretary Ward general policy supervision over the Safety and Security Cabinet Area and direct executive control over the Department of Public Safety. The only exception to this rule is that an agency head in one Cabinet Area may not serve as a Cabinet Secretary for another Cabinet Area. For instance, the Commissioner of the Oklahoma Department of Agriculture (which is in the Agriculture Cabinet Area) may not serve as the Secretary of Health. Because of this distinction in offices, should the Governor dismiss a Cabinet Secretary that is also an agency head, their dismissal as a Secretary will not effect their position as an agency head.
An alternative to selecting an agency head as a Cabinet Secretary is when the Governor appoints a private citizen to the post. Examples include when Governor Henry appointed Dr. Joseph W. Alexander
, a professor at Oklahoma State University-Stillwater, as his Secretary of Science and Technology.
established a Secretary of Commerce and a Secretary of Tourism. This was changed in 2003 when Governor Brad Henry establish a single Secretary of Commerce and Tourism. Following the Oklahoma Supreme Court
case of Keating v. Edmondson
in 2001, it was deemed illegal for a Governor to change the Cabinet Areas and their component agencies past the 45-day deadline without the approval of the Legislature.
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
state law that requires the Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
to organize the various departments, agencies, boards, commissions and other entities of the state's executive branch into a cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
system.
The Executive Branch Reform Act was signed into law by Governor
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
George Nigh
George Nigh
George Patterson Nigh , is a popular civic leader in the U.S. state of Oklahoma. Nigh served as the 17th and the 22nd Governor of Oklahoma. He was the first Oklahoma Governor to be re-elected and the first to win all 77 counties in the state...
on June 6, 1986.
Background
Prior to 1986, the executive branch of the government of OklahomaGovernment of Oklahoma
The government of the US State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the Federal government of the United States. The state government has three branches: the executive, legislative, and judicial...
as divided into some 300 different departments, agencies, board and commissions, with each (in theory) answering directly to the Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
. To help better coordinate the actions of the executive branch, Governor David L. Boren
David L. Boren
David Lyle Boren is an academic leader and American politician from the state of Oklahoma. A Democrat, he served as the 21st Governor of Oklahoma from 1975 to 1979 and in the United States Senate from 1979 to 1994. He is currently president of the University of Oklahoma. He was the longest serving...
began holding semi-official and semi-regular meetings with various heads of State agencies. Boren's successor, Governor George Nigh
George Nigh
George Patterson Nigh , is a popular civic leader in the U.S. state of Oklahoma. Nigh served as the 17th and the 22nd Governor of Oklahoma. He was the first Oklahoma Governor to be re-elected and the first to win all 77 counties in the state...
appointed the Nigh Commission
Nigh Commission
The Commission on the Reform of Oklahoma State Government, also known as the Nigh Commission, was a committee that in 1984 recommended sweeping changes to the government of the State of Oklahoma to improve efficiency, economy and service...
to make recommendations to improve the efficiency of the State government. Following the Commission's report, Nigh pushed the Oklahoma Legislature
Oklahoma Legislature
The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
to address these structural problems. The result was the Executive Branch Reform Act of 1986, which established a Cabinet system for the executive branch, and establish the Oklahoma State Cabinet
Oklahoma State Cabinet
The Cabinet of the Governor of Oklahoma is a body of the most senior appointed officials of the executive branch of the government of Oklahoma. Originally an informal meeting between the Governor of Oklahoma and various government officials, the Governor's Cabinet has evolved into a major part of...
with structured meetings with and reports to the Governor.
Cabinet area
The Act called for the creation of a Cabinet with no more than fifteen "Cabinet Areas". Each of these Cabinet Areas are to consist the state agencies with similar administrative or program objectives. Though composed of state agencies, it is important to note that these Cabinet Areas are not agencies themselves and do not exercise the executive power of the State. They only exist to better serve the Governor in crafting policy and information gathering. For example, the Oklahoma Department of TransportationOklahoma Department of Transportation
The Oklahoma Department of Transportation is an agency of the government of Oklahoma responsible for the construction, maintenance, and regulation the use of the state's transportation infrastructure...
and the Oklahoma Turnpike Authority are organized in the Transportation Cabinet Area.
Originally, the Act only mandated the creation of one Cabinet Area: one concerned with veterans affairs. It has since been amended to mandate the creation of a new Cabinet Area concerned with information technology. Other than those two Cabinet Areas, the Governor is free to created such other Cabinet Areas, with such program objects, as he may deem necessary.
Cabinet Secretaries
All Cabinet Areas are headed officers who hold the title of "Secretary". For instance, the head of the Energy Cabinet Area is titled the Secretary of Energy. All Cabinet Secretaries are appointed by the Governor, with the approval of the Oklahoma SenateOklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
, and serve at the pleasure of the Governor. Each Secretary advises the Governor on any policy changes or problems within their Cabinet Area, represents the Governor in administering their Cabinet Area, and coordinates information gathering on their Cabinet Area for the Governor or Legislature when so required. However, the Secretaries are not an officer of the State government and does not possess the executive power of the State. They have no authority to direct or control any agency within their Cabinet Area except his own direct staff neither do they have the authority to hire or fire personnel in their Cabinet Area except those on his own direct staff. The compenent agencies are directed and controlled by their respective department heads. The Secretaries may only direct a compenent agency when previously authorization by the Governor through executive order.
The Governor is free to appoint any person he desires as a Cabinet Secretary, including the head of an agency. Any agency head within a Cabinet Area is allowed to as a Cabinet Secretary. This is because Secretary positions are semi-formal an are not legally classified as "officers of the State". For example, Governor Brad Henry
Brad Henry
Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002...
appointed Kevin Ward, the Commissioner of the Oklahoma Department of Public Safety
Oklahoma Department of Public Safety
The Oklahoma Department of Public Safety is a department of the government of Oklahoma. Under the supervision of the Oklahoma Secretary of Safety and Security, DPS provides for the safety of Oklahomans and the administration of justice in the state...
, to serve as his Secretary of Safety and Security. This allows Secretary Ward general policy supervision over the Safety and Security Cabinet Area and direct executive control over the Department of Public Safety. The only exception to this rule is that an agency head in one Cabinet Area may not serve as a Cabinet Secretary for another Cabinet Area. For instance, the Commissioner of the Oklahoma Department of Agriculture (which is in the Agriculture Cabinet Area) may not serve as the Secretary of Health. Because of this distinction in offices, should the Governor dismiss a Cabinet Secretary that is also an agency head, their dismissal as a Secretary will not effect their position as an agency head.
An alternative to selecting an agency head as a Cabinet Secretary is when the Governor appoints a private citizen to the post. Examples include when Governor Henry appointed Dr. Joseph W. Alexander
Joseph W. Alexander
Dr. Joseph W. Alexander, DVM, is an American educator from the U.S. state of Oklahoma. He is currently serving as the Oklahoma Secretary of Science and Technology under Governor of Oklahoma Brad Henry, having been appointed by Henry in 2004....
, a professor at Oklahoma State University-Stillwater, as his Secretary of Science and Technology.
Formation
The Governor, within 45 days of taking office, must organize his Cabinet. Each Governor is allowed to organize the agencies however he feels best serves him. When he took office in 1995, Governor Frank KeatingFrank Keating
Francis Anthony "Frank" Keating is an American politician from Oklahoma. Keating served as the 25th Governor of Oklahoma. His first term began in 1995 and ended in 1999...
established a Secretary of Commerce and a Secretary of Tourism. This was changed in 2003 when Governor Brad Henry establish a single Secretary of Commerce and Tourism. Following the Oklahoma Supreme Court
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
case of Keating v. Edmondson
Keating v. Edmondson
Keating v. Edmondson, 2001 OK 110, 37 P.3d 882 , was an Oklahoma Supreme Court case that ruled that the Governor of Oklahoma could not alter the structure of his Cabinet without the approval of the Legislature. The case was primarily concerned with the Governor–Legislature relation...
in 2001, it was deemed illegal for a Governor to change the Cabinet Areas and their component agencies past the 45-day deadline without the approval of the Legislature.
See also
- List of Oklahoma state agencies
- Oklahoma State CabinetOklahoma State CabinetThe Cabinet of the Governor of Oklahoma is a body of the most senior appointed officials of the executive branch of the government of Oklahoma. Originally an informal meeting between the Governor of Oklahoma and various government officials, the Governor's Cabinet has evolved into a major part of...
- United States CabinetUnited States CabinetThe Cabinet of the United States is composed of the most senior appointed officers of the executive branch of the federal government of the United States, which are generally the heads of the federal executive departments...
- Governor of OklahomaGovernor of OklahomaThe governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...