House members move to investigate auditor
House members move to investigate state auditor

By Michael McNutt

Published: February 12, 2008

House members could act on taking the first step toward impeachment proceedings against state Auditor and Inspector Jeff McMahan as early as next week, a spokeswoman for House Speaker Chris Benge confirmed Monday.

The speaker is placing House Resolution 1051, which calls for the formation of a committee to look into allegations against McMahan, on Wednesday's House floor calendar, said Jennifer Mock, Benge's spokeswoman.

House of Representative rules state an item must be placed on the calendar for 48 hours before any action can be taken on it. The earliest House members could take up the resolution would be Feb. 18.

A federal grand jury indicted McMahan and his wife, Lori, last month on nine counts. Charges include conspiracy, mail fraud and violating the Travel Act to commit bribery.

They are accused of accepting improper trips and illegal campaign contributions from a southeast Oklahoma abstract company owner.

McMahan has turned over his office's daily operations to Deputy State Auditor Michelle Day.

McMahan could not be reached for a comment Monday evening.

Rep. Mike Reynolds, R-Oklahoma City, said earlier he filed HR 1051 because House members have a duty to investigate the charges filed against McMahan and determine whether impeachment is appropriate.

His resolution calls for the creation of a special investigating committee of the House of Representatives "to conduct a comprehensive and detailed study and investigation of the activities of” McMahan.

The committee would have the power to subpoena witnesses, documents and records; take testimony under oath; and request punishment for contempt for "any disobedience of process,” according to the resolution.

If the resolution passes, Benge would appoint the committee members.

The process outlined in the resolution is similar to the one used during the investigation and eventual impeachment of former Insurance Commissioner Carroll Fisher.

If the House approves articles of impeachment against McMahan, members of the Senate would conduct a trial.

Reynolds also is questioning whether the state auditor and inspector can legally turn over operations of his office.

No provision in the Oklahoma Constitution allows an elected official to "step aside” while still retaining office, Reynolds said.

Benge, R-Tulsa, is not placing the resolution on the agenda in response to a federal judge delaying the criminal trial of the McMahans, Mock said.

"This is in reaction to a member filing a resolution and we're just moving forward with that,” Mock said.

A judge last week moved the trial from March 3 to June 2. This year's legislative session is scheduled to end May 30.