Oklahoma layoff plan may produce an open meetings challenge

BY MICHAEL MCNUTT Comments 3
Published: November 14, 2009

Approval of a plan to cut $7.3 million from its budget was listed vaguely on Friday’s meeting agenda for the state Mental Health and Substance Abuse Services Department Board.

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"Discussion and possible action regarding monthly financial report” reads the agenda item. No mention is made that the report involves closing facilities and laying off as many as 100 employees through reductions in work force.

Dewayne Moore, the department’s general counsel, said the agenda complies with state law.

Proposals to reduce the department’s budget by $7.3 million were included in the monthly financial report. A reduction in force does not have to have board approval, he said.

"This is something simply that we were proposing to the board,” Moore said. "They understand the financial report and that’s what they voted to accept. ... What they voted on was, they accepted our financial report, which was indicating the budget cuts.”

Durand Crosby, the department’s chief operating officer, said board members weren’t taking any action with the vote.

"They’re not doing the reduction, they’re telling us, ‘You’re on the right path,’” he said.

Trish Frazier, director of policy and research for the Oklahoma Public Employees Association, which represents about 10,000 of the state’s approximately 36,000 employees, said she is disappointed information about employee layoffs was "hidden in the financial report.”

The employees association will be looking into whether to file a complaint alleging a violation of the state’s Open Meeting Act, she said. The law states agendas "shall identify all items of business to be transacted.”

"Hidden in a financial report is not a way to RIF (fire) 100 employees,” Frazier said.

Charlie Price, a spokesman for the state attorney general’s office, said a complaint would have to be filed with the Oklahoma County district attorney’s office. It’s a misdemeanor, and if the complaint was found to be valid, the board’s adoption of its budget-cutting plan would be null and void.