Ethics lawsuit may backfire, legislator says
Agencies: Committee chairman makes a rare appearance before commission
If legal action fails, funding could be frozen.
Ethics lawsuit may backfire, legislator says

By Michael McNutt

Published: July 12, 2008

Making an unprecedented visit to the state Ethics Commission, the chairman of the House Budget and Appropriations Committee told commissioners Friday a decision to sue the Legislature for not giving it enough money could be a "very perilous one.”

"The legal advice and counsel that I received is that your lawsuit will fall flat,” said Rep. Ken Miller, R-Edmond. "It is a great risk that this commission will be undertaking because if you file suit, if the court takes it up and then you do not prevail, what is the likelihood of your funding increases subsequent to the court's decision? Because the Legislature can simply point to the court's decision and say that you're adequately funded.”

Miller's appearance was the first time a legislative budget leader appeared before the commission since 1991 after voters approved its creation, said Marilyn Hughes, the commission's executive director.

Commissioners agreed to continue discussions with Miller and other legislative leaders and to continue preparing for a possible lawsuit.

They voted to ask the Contingency Review Board — made up of the governor, the speaker of the House and the president pro tempore of the Senate — to meet and consider giving the agency an additional $238,000, which they say is needed to sufficiently fund office operations.

A spokeswoman for House Speaker Chris Benge, R-Tulsa, said it's House staff believes the Contingency Review Board cannot do what the Ethics Commission is asking of it.

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