Keating v. Edmondson
Encyclopedia
Keating v. Edmondson, 2001 OK 110, 37 P.3d 882 (2001), 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. The case is unique because the two parties in the case were both state-wide elected officials:
passed the Executive Branch Reform Act of 1986
. The Act allows each Governor of Oklahoma
, within 45 days of assuming office, to organize the various State agencies, boards, and commissions into between 10 and 15 Cabinet Departments
, with each headed by a Cabinet Secretary. The Governor is allowed to create whatever Cabinet Department he desires and may assign such State agencies to that Cabinet Department as he sees fit. The State agencies assigned to a cabinet department must have "similar programmatic or administrative objectives" but that definition is left to the Governor for determination. Once established, the Governor's Cabinet remains in effect until the Legislature supersedes the governor's organization.
In early May 2000, Governor Frank Keating appointed Russell Perry as acting Secretary of Commerce and sent his nomination as full Secretary to the Oklahoma Senate
for approval. However, his nomination was deemed rejected when the Oklahoma Legislature
adjourned without consideration his nomination. In response, on May 26, 2000, Governor Keating issued Executive Order No. 2000-11, which abolished the Cabinet Department of Commerce and creating the Cabinet Department of Economic Development and Special Affairs. On the same day, the Governor appointed Russell Perry to serve as the newly created position of Secretary of Economic Development and Special Affairs.
On June 8, 2000, State Senator Angela Monson submitted a request for an official opinion to Attorney General Drew Edmondson concerning the Governor's authority to make changes in his cabinet. Pursuant to statutorily imposed duties, the Attorney General issued an official opinion (Attorney General Opinion 2000 OK AG 54) on October 26, 2000, providing:
Recognizing his duty to follow the Attorney General's opinion until overturned by a court of competent jurisdiction, Governor Keating filed a petition on October 27, 2000, in the District Court of Oklahoma County. The Governor's petition wanted a declaration of relief and stay of effectiveness of the opinion and challenged the cited portions of the opinion. After hearing oral argument and considering the briefs of the parties and of the amicus curiae
, such as Stratton Taylor, the President pro tempore of the Oklahoma Senate
, the trial judge found the Attorney General's opinion to be a correct statement of the law set forth in the Executive Branch Reform Act of 1986
.
On December 5, 2000, judgment was entered in the Attorney General's favor and a stay pending appeal was granted. On December 29, 2000, the Governor appealed a single issue - whether a Governor is empowered to reorganize the executive Cabinet throughout the term of office. The appeal was sent to the Oklahoma Supreme Court
for consideration.
While acknowledging the legislative authority to alter the executive Cabinet, the Governor argued that the Executive Branch Reform Act contains no express limitation on his reorganization authority. He asserted that the statute was ambiguous in that it does not expressly prevent the governor from altering or amending his cabinet after it is initially established. The Governor contended that the cabinet, however designed or altered during the chief executive's term, will be in effect under the statute unless expressly superseded by the Legislature.
and was joined by Justices Watt, Hodges, Lavender, Opala, Kauger, Summers, and Boudreau. Justice Winchester wrote a concurring opinion
to the majority. Noting that the legislative intent
was clear and not ambiguous, the Court rejected the Governor's position and found that state law provided the Governor no power to alter the Cabient at will.
The Court held that by virtue of office as the chief executive of the state, the Governor did not possess any inherint power to reorganize the Cabinet as circumstances require. The Legislature, it continued, was the only branch that held the reorganization power. Had the Legislature intended to allow gubernatorial authority to alter the cabinet, it could have provided it in the law. The Court found that:
In its majority opinion, the Court did mention that the Legislature was free to amend the Executive Branch Reform Act of 1986 to include the flexibility Governor Keating desired.
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 that ruled that 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...
could not alter the structure of his 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...
without the approval of the Legislature. The case was primarily concerned with the Governor–Legislature relation. The case is unique because the two parties in the case were both state-wide elected officials:
- Frank KeatingFrank KeatingFrancis 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...
, the 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...
, was the plaintiff - Drew EdmondsonDrew EdmondsonWilliam Andrew "Drew" Edmondson , is an American lawyer and politician from Oklahoma. A member of the Democratic Party, Edmondson served as the 16th Attorney General of Oklahoma from 1995 to 2011...
, the Attorney General of OklahomaAttorney General of OklahomaThe Attorney General of Oklahoma is the State Attorney General for the state of Oklahoma. The Attorney General serves as the chief legal and law enforcement officer of the State of Oklahoma. The Attorney General is responsible for providing legal advise to the various agencies and departments of...
, was the defendant
Background
In 1986, the Oklahoma LegislatureOklahoma 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...
passed the Executive Branch Reform Act of 1986
Executive Branch Reform Act of 1986
The Executive Branch Reform Act of 1986 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...
. The Act allows each 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...
, within 45 days of assuming office, to organize the various State agencies, boards, and commissions into between 10 and 15 Cabinet Departments
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 each headed by a Cabinet Secretary. The Governor is allowed to create whatever Cabinet Department he desires and may assign such State agencies to that Cabinet Department as he sees fit. The State agencies assigned to a cabinet department must have "similar programmatic or administrative objectives" but that definition is left to the Governor for determination. Once established, the Governor's Cabinet remains in effect until the Legislature supersedes the governor's organization.
In early May 2000, Governor Frank Keating appointed Russell Perry as acting Secretary of Commerce and sent his nomination as full Secretary to the Oklahoma Senate
Oklahoma 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....
for approval. However, his nomination was deemed rejected when 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...
adjourned without consideration his nomination. In response, on May 26, 2000, Governor Keating issued Executive Order No. 2000-11, which abolished the Cabinet Department of Commerce and creating the Cabinet Department of Economic Development and Special Affairs. On the same day, the Governor appointed Russell Perry to serve as the newly created position of Secretary of Economic Development and Special Affairs.
On June 8, 2000, State Senator Angela Monson submitted a request for an official opinion to Attorney General Drew Edmondson concerning the Governor's authority to make changes in his cabinet. Pursuant to statutorily imposed duties, the Attorney General issued an official opinion (Attorney General Opinion 2000 OK AG 54) on October 26, 2000, providing:
- ". . . 1. The governor may not modify the executive Cabinet after the forty-five-day period established at the beginning of his or her term for the creation of the Cabinet. See [sic] 74 O.S. 1991, [sic] §10.3. The power to modify the Cabinet after this time rests with the Legislature. . . .
- ". . . 8. When the Governor attempts to create a Cabinet post outside the legislative process more than forty-five days after the Governor's term begins, the post does not exist; therefore, anyone the Governor attempts to appoint to that post is not a Cabinet secretary. Instead, the person the Governor attempted to appoint would be an employee of the Governor's office if the Governor and the person he tried to appoint had an agreement that the failed appointee would work for pay. . . ."
Recognizing his duty to follow the Attorney General's opinion until overturned by a court of competent jurisdiction, Governor Keating filed a petition on October 27, 2000, in the District Court of Oklahoma County. The Governor's petition wanted a declaration of relief and stay of effectiveness of the opinion and challenged the cited portions of the opinion. After hearing oral argument and considering the briefs of the parties and of the amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
, such as Stratton Taylor, the President pro tempore of the Oklahoma Senate
President pro tempore of the Oklahoma Senate
The President pro tempore of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking State Senator. The Oklahoma Constitution states the Lieutenant Governor of Oklahoma serves ex officio as President of the Senate, and is the highest-ranking...
, the trial judge found the Attorney General's opinion to be a correct statement of the law set forth in the Executive Branch Reform Act of 1986
Executive Branch Reform Act of 1986
The Executive Branch Reform Act of 1986 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...
.
On December 5, 2000, judgment was entered in the Attorney General's favor and a stay pending appeal was granted. On December 29, 2000, the Governor appealed a single issue - whether a Governor is empowered to reorganize the executive Cabinet throughout the term of office. The appeal was sent to 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....
for consideration.
Case
The Governor asserted that the Executive Branch Reform Act should be interpreted to permit gubernatorial reorganization of his Cabinet throughout a term of office as changing times and circumstances warrant. He argued that the forty-five-day time limitation contained in the statute is merely the period within which the initial Cabinet must be formed. The Attorney General contended that the plain language of the law:- requires the creation of an executive Cabinet within forty-five days of the Governor's taking office
- the Cabinet so created cannot be altered absent legislative intervention
While acknowledging the legislative authority to alter the executive Cabinet, the Governor argued that the Executive Branch Reform Act contains no express limitation on his reorganization authority. He asserted that the statute was ambiguous in that it does not expressly prevent the governor from altering or amending his cabinet after it is initially established. The Governor contended that the cabinet, however designed or altered during the chief executive's term, will be in effect under the statute unless expressly superseded by the Legislature.
Decision
The Supreme Court decided the case on December 4, 2001. In a unanimous decision, the Court rejected the Governor's appeal. Chief Justice Hargrave authored the majority opinionMajority opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision....
and was joined by Justices Watt, Hodges, Lavender, Opala, Kauger, Summers, and Boudreau. Justice Winchester wrote a concurring opinion
Concurring opinion
In law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision...
to the majority. Noting that the legislative intent
Legislative intent
In law, the legislative intent of the legislature in enacting legislation may sometimes be considered by the judiciary when interpreting the law...
was clear and not ambiguous, the Court rejected the Governor's position and found that state law provided the Governor no power to alter the Cabient at will.
The Court held that by virtue of office as the chief executive of the state, the Governor did not possess any inherint power to reorganize the Cabinet as circumstances require. The Legislature, it continued, was the only branch that held the reorganization power. Had the Legislature intended to allow gubernatorial authority to alter the cabinet, it could have provided it in the law. The Court found that:
In its majority opinion, the Court did mention that the Legislature was free to amend the Executive Branch Reform Act of 1986 to include the flexibility Governor Keating desired.
See also
- Frank KeatingFrank KeatingFrancis 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...
- Drew EdmondsonDrew EdmondsonWilliam Andrew "Drew" Edmondson , is an American lawyer and politician from Oklahoma. A member of the Democratic Party, Edmondson served as the 16th Attorney General of Oklahoma from 1995 to 2011...
- Oklahoma Supreme CourtOklahoma Supreme CourtThe 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....
- Executive Branch Reform Act of 1986Executive Branch Reform Act of 1986The Executive Branch Reform Act of 1986 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...