Saturday, May 31, 2014

Should Tulsa Move To Kansas

In 1992, Tulsa World editorial writer, David Averill, wrote a shocking essay reflecting the frustrations of Tulsan and calling for a 'secession' of sorts.
In those days, Oklahoma was staunchly Dixiecrat (southern conservative Democrats). But Tulsa and much of northern Oklahoma was traditionally Republican. This situation led to deep frustrations over how state investments in infrastructure and other budgetary decisions were made.
The clearly leftist wrtiters at the Tulsa World sought to capitalize on this situation and call for Tulsa and other Green Country counties to join the state of Kansas.

Tulsa, Kan. // Secession Is Out of the Question; 

So Let's Join Our Northern Neighbors

Sunday, March 22, 1992 12:00 am, by David Averill
It happened again, for the umpteenth time. An acquaintance, a Tulsan, said, "Tulsa should just secede from Oklahoma and become its own state."
The remark, this latest time, came during a conversation about State Question 640, the new constitutional amendment that effectively ended representative democracy in Oklahoma.
The enlightened parts of the state, including Tulsa and most of eastern Oklahoma, voted against the misbegotten plan, but other areas of the state voted for it, and it passed. The vote in favor of SQ 640 was heaviest in the least enlightened areas, for example, Oklahoma City.
Tulsans increasingly realize that dragging the rest of Oklahoma into the 20th century, let alone the 21st, is a nearly impossible job, maybe beyond the capabilities even of Tulsans. So they say, "Tulsa should just secede from Oklahoma and become its own state."
Let's nip that talk in the bud. Tulsa isn't big enough to be a state. And creating a 51st state would be a major constitutional and congressional headache. Ask Puerto Rico.
No, a better plan would be for Tulsa and part of the northeast to secede from Oklahoma and annex itself to another state, namely Kansas. Kansas would be the best choice. Arkansas is too backward.
Let's face it, take away northwest Arkansas and Arkansas is Mississippi with shoes. Missouri would offer professional baseball, a definite plus, but Tulsa would be only the third largest city in Missouri and might get lost in the shuffle. But Tulsa (pop. 367,302) would be the largest city in Kansas, ahead of Wichita (pop. 304,011) and Kansas City (pop. 149,767).
Just think! No more No. 2. No more paying Tulsa taxes for government palaces and government programs in Oklahoma City, the lair of the unenlightened.
There are other arguments in favor of the match. Wichita is big in aviation and aerospace, so is Tulsa. Western Kansas has oil and natural gas, and we wrote the book on oil and gas in Tulsa. It has wheat, and we know all about wheat in Tulsa.
We've been told for years that every surrounding state has better roads, lower workers' compensation rates, higher teachers' salaries and lower taxes than Oklahoma. So moving in with any of them, expecially Kansas, would be an improvement for Tulsans. Politically, Kansas is a bastion of traditional Republicanism, same as Tulsa.
Kansas has a turnpike, we have turnpikes. Kansas has outstanding state universities. And as the largest city in Kansas, Tulsa would almost have to have a free-standing, four-year, state-supported institution of higher learning. The University of Kansas at Tulsa, better known as UKanT. The universities of Wichita and Tulsa already have a great basketball rivalry. Just think how much more spirited it would be as a "cross-state rivalry."
Tulsans also would then be able to claim the great Dwight D. Eisenhower, general and statesman, as a native son. What can Tulsa and Green Country offer Kansas? Lots of things: Business, industry and commerce. Almost enough population to qualify for another congressman. Two great museums; opera, ballet and symphony. A major airport. An inland waterway, doorway to the Gulf of Mexico. 
The new southern boundary of Kansas might run along the Arkansas River from Arkansas City to the Tulsa County line near Lake Keystone, and then east along the southern boundaries of Tulsa, Rogers, Mayes and Delaware counties to the Arkansas line, and due north back to the current Kansas line.
The new Kansas Bootheel, as it would be known, would bring to Kansas the Tallgrass Prairie Preserve; Grand, Hudson, Oologah and Skiatook lakes (that's got to be more lakes than all of Kansas has now), and several nice towns, including Bartlesville, Pryor, Vinita and Miami. The Bootheel also would include Claremore, so Will Rogers henceforth would be known as the beloved Kansas humorist.
But most of all we would offer Kansas ourselves. Tulsans  are hip. Tulsans are aware. They're now, they're with it, they're happening. Any state would love to have us.  Tulsa, Kan. It has a nice ring. Let's get the ball rolling on this.

I made a rational adjustment to Averill's proposal. Ponca City is a natural part of the cultural identity of southern Kansas. So I extended Averill's proposed border westward along the county line of Kay County.

There are so many changes that have happened in the 22 years since this publication. The political winds have shifted with great intensity and other legal matters would deeply impact the feasibility.

It will make for an interesting discussion...

Friday, May 30, 2014

Get Used To A Bunch Of New Oklahoma Laws

OpenStates.org provides a great database on legislative actions. Here is a short list of some new laws and actions in Oklahoma Govt.Here are just a handful of the most recent bills which were signed into law. We listed the date they were introduced to the legislature and the date they were finally made law.
For a complete almanac of the legislative work, see OpenStates.org


Oklahoma's New Laws

SB 1206 
(2013-2014 Regular Session)

State Capitol Building; authorizing licensed vendors to contract for supplementary catering services during certain time period. Emergency.

Feb 3, 2014
May 28, 2014
Approved by Governor 05/24/2014 SB 1398  
(2013-2014 Regular Session)

Professional counselor qualifications; recognizing foreign qualifications for licensure. Effective date.

Feb 3, 2014
May 28, 2014
Approved by Governor 05/28/2014 SB 1187 
(2013-2014 Regular Session)

Environment and natural resources; requiring Environmental Quality Board to promulgate rules governing water reuse projects; DEQ to issue permit. Emergency.

Feb 3, 2014
May 28, 2014
Approved by Governor 05/28/2014 SB 2140 
(2013-2014 Regular Session)

Criminal procedure; expungement of criminal records; modifying certain qualifications. Effective date.

May 19, 2014
May 28, 2014
Approved by Governor 05/28/2014 SB 1216 
(2013-2014 Regular Session)

Department of Human Services; modifying certain term.

Feb 3, 2014
May 28, 2014
Approved by Governor 05/28/2014 SB 929 
(2013-2014 Regular Session)

Juvenile Code; authorizing disclosure of certain records to certain persons. Emergency.

Feb 4, 2013
May 28, 2014
Approved by Governor 05/28/2014 SB 1182
(2013-2014 Regular Session)

Child abuse investigations; permitting Department of Human Services to contract with retired peace officers. Effective date.

Feb 3, 2014
May 28, 2014
Approved by Governor 05/28/2014 SB 1851
(2013-2014 Regular Session)

Agriculture; authorizing the Department of Agriculture to inspect and license farmer's markets in Oklahoma and Tulsa Counties. Effective date.

Feb 3, 2014
May 28, 2014
Approved by Governor 05/28/2014 SB 1524 
(2013-2014 Regular Session)

Memorial highway designations; designating various memorial highways and bridges. Effective Date.

Feb 3, 2014
May 28, 2014
Approved by Governor 05/28/2014 SB 1848
(2013-2014 Regular Session)

Public health; directing Board of Health to establish certain standards; requiring medical screenings prior to abortion; penalties. Effective date.

Feb 3, 2014
May 28, 2014
Approved by Governor 05/28/2014

For a complete almanac of the legislative work, see OpenStates.org

Monday, May 26, 2014

Drama In Tulsa's D. A. Race: Will Kunzweiler Be Declared Winner Without An Election?

Senator Brian Crain demonstrated exceptional regard for the rule of law, this past week.

Oklahoma Constitution- Section V-23: 
Ineligibility to appointment to office - 
Interest in contracts.
 No member of the Legislature shall, during the term for which he was elected, be appointed or elected to any office or commission in the State, which shall have been created, or the emoluments of which shall have been increased, during his term of office, nor shall any member receive any appointment from the Governor, the Governor and Senate, or from the Legislature, during the term for which he shall have been elected, nor shall any member, during the term for which he shall have been elected, or within two years thereafter, be interested, directly or indirectly, in any contract with the State, or any county or other subdivision thereof, authorized by law passed during the term for which he shall have been elected.
  With the effects of the Oklahoma Term Limit Initiative being fully implemented and impacting upon the elected legislative body, There has begun a massive new interest in county government by many former legislators.
   So much so that some new interest in constitutional stipulations is now in the political discussions of the day.
   Perhaps Senator Brian Crain (R-Tulsa) is not the first person to publicly disqualify himself from office, but he may have made it impossible for any other legislator to skirt the Oklahoma Constitution, in the foreseeable future.
   Senator Crain was and is very passionate about the Tulsa District Attorney position. He is a former prosecutor and currently a practicing attorney while serving his final term in the senate.
   Senator Crain, in his withdrawal statement, said he felt he could successfully challenge the restriction in state court, but he said he would likely be temporarily harming the cause of criminal justice during that litigation process.  He demonstrated a good deal of class and leadership by stepping aside for the sake of Tulsa's more pressing courthouse needs.
   But Rep. Fred Jordan insists that he is not restricted at all by Section V-23 of the Oklahoma Constitution, since he is not going to be in legislative office when he would become the Tulsa District Attorney.
Crain, Jordan, and Kunzweiler all filed for the Tulsa District
Attorney office. Tim Harris did not seek re-election.
   Several students of Oklahoma's Constitutional law have pointed out that no legislator can be elected to an office which was created or had an increase in pay or benefits, which he was a part of granting (regardless of his votes in that legislation).
  If it is true that the District Attorney's term of office starts on January 1st, 2015, Then Fred Jordan's best argument will be that his legislative term ends in late November, but his would-be D.A. term won't start until a month later.  Crain, however; would still be 2 years away from completing his current term.
  The question was asked; "Why can't Brian Crain just resign his senate seat now, so that he is also 'out of office'?" But a careful reading of the constitution says that the restriction is in place "during the term for which he shall have been elected".
   This brings yet another argument for allowing Jordan to be elected. Jordan would like an interpretation which says that eligibility is based upon his status on the moment he takes his next oath of office. But the wording of the constitution clearly focuses upon the date of his election, including primary elections, because the election board (and the Secretary of State) need to certify that an eligible person was selected to the new term.
   This interpretation is further supported by other eligibility requirements if the constitution, such as the age of the candidate. A Senator must be 25 'on the date of his election', according to the Oklahoma Constitution.
   Now, for  more delicate issues...
If a legislative body votes for a pay raise, to go into effect in the next legislative session, are they all disqualified from seeking re-election? It would seem so. Perhaps this is why pay raises are usually scheduled years in advance, so as to avoid an inconvenient response from the Oklahoma Supreme Court.
   How many other former legislators got by with violating the Oklahoma Constitution? I'm hesitant to believe this was the first time that this matter ever applied to a county or statewide election?
  Then there's the issue of former legislators doing business with the state. It happens in some very subtle ways and often the state agency's procurement systems don't always know who owns the company they are awarding contracts to. Will there be a new effort to hunt down violators? It will be very interesting to see how this provision is enforced.
   Is it fair to only restrict legislators in this matter? I say 'yes & no'. It is a needed protection against corruption, but it should also apply to the executive branch because the governor not only signs the legislation, and plays a powerful role in negotiating the language of the bills that get to the executive desk.

Monday, April 21, 2014

The Sooner State Learns From Colorado

Rep. Tom Tancredo
Will Tancredo Save The Colorado Republican Party?

  Libertarians, Entrepreneurs, and Moral Traditionalists have had a mixed history of finding common values, in many parts of the U.S., but in Colorado, there have been some scuffles which proved paralyzing.
  Perhaps the 2010 Colorado governor's race can teach conservative activists an important lesson. 
  The results left the Republican party in life-support and barely recognized as a political party. The Mile High conservatives overwelmingly switched to the Constitution Party, in 2010.
  Colorado has been a presidential swing state since 1992, when Bill Clinton captured it's electoral votes in his defeat of  Bush.  Every statewide race is now watched by national political operatives and think-tanks. Winning the governor's race is a key objective for parties who wish to win the White House two years later.
Republicans won only 2 counties, in 2010

  The Colorado Republican Party has largely devoured itself, in 2010. Karl Rove may have more to do with the splinter than anyone else. Rove 'black-balled' Tancredo from any White House support or inclusion, and vowed to seek Tancredo's personal political defeat through withheld funding and primary opposition. That threat demonstrated itself in Tancredo's 2008 presidential campaign, where Rove worked behind the scene to thwart any momentum for Tancredo. Tancredo bowed out just weeks prior to Iowa's caucus. 
  But Tom is back in the Colorado Republican party, this time... but on his own terms.  Colorado party rules give the state Republican assembly a role in forming the primary ballot, but candidates can go around that endorsing system through a petition drive.  Despite leading all major polls, Tancredo will not submit his fortunes to the party machine.  His petition drive has placed Tancredo in the primary election and he leads all the scientific polls, consistently.
  Was Dan Maes the "spoiler" in 2010?  Every dynamic indicator says that he was. The Constitutional Party was the clear 2010 choice of Colorado conservatives. Maes is no longer a factor in the governor's race. Many have criticized Maes for not bowing out and supporting Tancredo. But Republican party bosses  needed at least 10% in the governor's election in order to keep their state "major party" status for future elections.
  Some will say; "The Democrat exceeded 50% of the vote and therefore no one was a true spoiler.". That is not the dynamic reality of political science, however.  Much of the 2010 general election was distracted by Maes & Tancredo debating issues which should have been a primary election dialogue. Very little was said about the liberal Democrat's controversial positions. Conservatives were left frustrated and unmotivated to get out the vote.
  Hopefully, the Colorado Republican leadership will continue to rebuff Karl Rove's personal vendetta obsessions and let a fair process decide the elections.

Sunday, April 20, 2014

The Weston Demand To Anna Flatt



Anna Flatt
   Oklahoma State Republican Party Chairman, David Weston, is reported to have demanded that Carter County republican Chairman, Anna Flatt resign from her party post, after declaring her candidacy for US Congress in District Four. Chairman Flatt is one of the active Republicans running alongside the incumbent, Tom Cole.

   The McCarville Report is quoting Chairman Flatt's recount of the encounter with Chairman Weston.
   A Response from Anna Flatt To David Weston

Chairman Weston, 
  When you phoned me last Monday to demand I step down as Carter County Chairman as a result of my candidacy for the Congressional seat held by Tom Cole, you were adamant that there was a rule prohibiting GOP officials from taking a position in a primary, and that by filing as a candidate I was thereby taking a position in a primary. I assured you there was no such rule, and it was up to the Carter County Committee to determine whether I should step down. 
  Even though I will not be campaigning from the position of the Chair, I will absolutely comply with whatever the County Committee desires because it, and not the State Chairman, is the supreme Republican authority in this and every other county in Oklahoma. The Republican Party was set up much like our government, with the power at the lowest possible level: the individual.
  The individual directs the precincts, then the precincts direct the counties, the counties direct the states, and then the states direct the national GOP. Power in this party and in this country flows from the bottom up, and it is a grievous error to suggest or advocate the reverse. Somewhere along the way the Republican leadership, much like the government itself, lost sight of this fact, and many feel it’s time to steer the party back to its rules and its roots by putting the power back where it belongs: with the individuals. You told me that you would find the rule and phone me back. As I have not heard from you in several days, I can only assume you know now what I knew then: there is no such rule. Further, even a cursory glance at the Oklahoma State GOP facebook page reveals that the state party itself is not complying with this nonexistent rule even while it attempts to foist it on others. As of the date of this letter, the State GOP page still displays a large campaign poster championing John Doak for Insurance Commissioner despite the fact another Republican, Bill Viner, is challenging him for that office. Although, as we’ve covered, there is no rule against such side-taking, it’s certainly an example of the state party not practicing what its chairman is preaching to the rest of us.
   I’ve since heard from many other candidates who felt they were somewhere between “strongly encouraged” and outright “bullied” by you not to run. Speaking for myself, I certainly felt I was being bullied in an attempt to keep me from challenging an incumbent. I only wish I had thought to record the conversation so that individual Republicans could decide for themselves whether it was an appropriate tone for the State Chairman to take toward a Republican candidate for office and a dutiful County Chairman.
   The Republican Party is a private organization full of many great members to elect. Every single registered Republican is a potential candidate. I’ve done everything I could possibly do to encourage candidates to file, even ones I didn’t agree with ideologically, because I believe there are many different kinds of Republicans and that we are all valuable to the party. Fair and spirited competition is essential in giving voice to the voters, ensuring the cream rises to the top, and putting the best the Republican Party has to offer on display.
   From previous conversations, I understand you believe your job as State Chairman is to make sure Republicans are elected at all costs, that if there is a “strong” Republican candidate we should not risk losing the seat by nominating a “weaker” one. This is a popular position that you are not alone in holding. You told me I “could not see past the nose on my face” but maybe it is this “party-first” mentality that is short-sighted. I believe that stifling competition within the party, and by extension the country, has done and will continue to do far more damage than my desire to allow voters more choices ever could.
   Your way, and that of others who think like you, is to say that the voters can’t be trusted to decide what is best for them when given too many choices, in much the same way the government no longer allows Americans to make our own decisions about our healthcare, about what we grow in our gardens or put in our bodies, about our retirement savings, about who we can marry, about how many bullets we can put in our magazines or how big our Big Gulps are. Whether coming from the Oklahoma Republican Party or the U.S. government in D.C., top-down paternalism is a total abdication of our limited government, free market principles as Republicans and Americans.
   Many kinds of Republicans feel called to serve and file to run, many will not ever be elected. But that decision belongs with the individual Republicans, not with the State Chairman or any other party official. In some countries the politburo chooses which candidates the people get to hear from, but this isn’t one of them and, God willing, it never will be. Nasty phone calls from the Republican establishment serve only to prove the entire point of my campaign: that this party has become stagnant, lost its way, and is in desperate need of some new blood. I’ve said all along that I am certainly not the best candidate for the job, and I don’t think any differently now. But this experience has proven the value of free and open competition, and so I will continue my campaign despite your indignation, and do my best to ensure that every Republican candidate has a platform from which to speak and that every Republican voter has a chance to be heard.

Respectfully,
Anna Flatt 
Carter County Republican Party Chairman
I will take some effort to break down the Oklahoma Republican Rules in Three Parts:

  1. What are Carter County Chairman Anna Flatt's duties & rights?
  2. What are Oklahoma State Chairman David Weston's duties & rights?
  3. How are party rules within a county properly adjudicated?
Anna Flatt's Duties and rights
  The Oklahoma Republican Party Rules go into significant detail about the county party structure and interaction. Each County is also encouraged to address county needs through their own additional rules, so long as the rules are properly approved at a county party assembly. I am not currently aware of specific Carter County party rules, so I will need to qualify my statements as potentially moot if a Carter County rule does go further into a related issue.
The only clear restriction I find in the Oklahoma State Party Rules would not apply until a Republican nominee is officially chosen through a lawful means (a primary election). At that point, Chairman Flatt is duty bound to not undermine that nominee through either running in the general election or endorsing someone else who is running against the party nominee.
  Most counties have an understanding that the party should, itself, stay neutral, but the individuals can endorse or campaign for themselves or others, but should not use their party leadership credentials for the benefit of one candidate. There is no specific rule being broken in this case. It is usually a self-imposed restriction for unity's sake.

David Weston's Duties and Rights
David Weston
  The party does have a rule against using party assets to aid someone who is in a contested primary. Ironically, State Chairman Weston appears to have violated this rule when he used the state website & email assets to promote a fundraiser for Tulsa mayoral candidate, Dewey Bartlett jr. while he was opposed by fellow republican, Bill Christiansen, in 2013. After significant complaints, The Weston administration also promoted a Bill Christiansen event. Perhaps that served to appease the candidates and Chairman Weston retained his office.
  But Anna Flatt's letter makes a point regarding the use of state party assets to promote John Doak. It is a more serious concern, because party assets are being diverted to just one of the candidates. to the harm of another Republican candidate.

 Another serious violation of Party Rules may have occurred in Chairman Weston's alleged demands.   
   Rule 3- Rights and Qualifications of Members and Officers

 (a) Members: All citizens of Oklahoma are invited to join the Oklahoma Republican Party to perpetuate this Republic. All qualified voters of this state who are registered Republicans are members of the Oklahoma  Republican Party, and shall have the right to participate in the official affairs and governance of the Republican Party in accordance with these rules as set forth herein. Such right shall be sacred and inviolate, and the willful disregard or abridgment of such right by an officer or member of any committee of the Party shall be deemed sufficient cause for the removal of such officer or committee member. 
   If it can be demonstrated that State Chairman sought to use his position to improperly & deliberately seek to abridge the County Chairman's participation, then a "sacred" violation may call for adjudication by the State Republican Executive Committee and the larger State Republican Committee.

Proper Adjudication of Violations
   The party rules sate that generally, the same body which appoints or elects a party leader, has the authority to remove that leader. This means that Carter County's Republican organization is responsible to oversee their leaders and their specific rules.
   If Anna Flatt has violated a rule, The Carter County Republican Executive Committee would have to make that finding and refer the matter to the Carter County Republican Committee to take appropriate action, such as a reprimand, restriction, or removal.
   These type of actions require a formal notice of impending action with a 10 day notice. The accused is given a full opportunity to defend themselves before the oversight body.

   Perhaps a simple clarification from Chairman Weston's office will put this issue to rest. It is disappointing that this takes precious time and attention away from a candidate's limited capacity, but if a rule is being broken, then it needs to be respected through proper enforcement of party discipline.  However; I am more likely to believe that David Weston is not being properly advised and does not fully understand the rules. I have studied these rules for over 20 years and I am still learning things every year.
  I highly recommend that party members be fully aware of the Oklahoma Party Rules, found here: