Oklahoma ethics panel’s actions are challenged

Reprimands issued by the state Ethics Commission’s against candidates or state employees found violating campaign or ethics rules are unconstitutional, an attorney who handles ethics cases told a House committee Wednesday.

The constitutional amendment passed in 1990 that created the five-member Ethics Commission does not authorize the commission to issue public or private reprimands, said Lee Slater, who has represented clients before the ethics commission for about 10 years.

The commission subsequently passed rules allowing it to issue reprimands, but by issuing reprimands the commission is conducting functions that traditionally are divided among the three basic forms of government in this country, Slater told members of the House Rules Committee.

The commission makes and interprets the rules, receives and investigates complaints, and then rules on the complaint and issues punishment, Slater said.

Marilyn Hughes, the commission’s director, said its ability to issue reprimands is constitutional.

"Until a court of competent jurisdiction says they’re unconstitutional, they’re not unconstitutional,” she said.

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