Lt. Gov second to resign from cabinet over AG opinion; Stitt warns of shockwaves through government

BRISTOW — Less than 24 hours after his resignation as the state's longtime transportation boss, Tim Gatz was in Bristow with Gov. Kevin Stitt at a groundbreaking Thursday for the first project under the controversial ACCESS Oklahoma that led to his abrupt departure from the job.

Gatz resigned as secretary of transportation and director of the Oklahoma Turnpike Authority on Wednesday, just hours after Attorney General Gentner Drummond released an opinion declaring Gatz could not serve those two posts and as director of the Oklahoma Department of Transportation.

The opinion drew a sharp rebuke from Stitt.

“We totally disagree,” Stitt said. “The timing is weird, and the reason to be attacking Tim Gatz, who has served this state for 34 years, is just really weird.”

Stitt warned the opinion's impact will reverberate throughout state government.

“Blayne Arthur, secretary of agriculture, also runs our department of ag,” Stitt said. “Every single person since (Henry) Bellmon, George Nigh, they’ve all had the same scenario on how they set up their cabinet secretaries running state agencies. Those are the most competent people in the state to advise the governor.”

Lt. Gov. Matt Pinnell was the second state official to resign. In an email to Stitt Thursday, Pinnell said he could no longer serve as the governor's cabinet secretary for workforce development. "After careful consideration, I believe it is time for me to step away from the governor's cabinet and remove myself from the confirmation process," Pinnell wrote.

Why Tim Gatz and Lt. Gov Matt Pinnell resigned from other positions

The turnpike authority's ACCESS plan, a controversial $5 billion, 15-year toll road expansion plan, triggered an array of unsuccessful lawsuits and legislative efforts and inquiries which forced Gatz's resignations.

Gatz held the titles of transportation secretary and director of the Oklahoma Turnpike Authority and director of the Oklahoma Department of Transportation. He was forced to resign Wednesday as transportation secretary and turnpike authority chief in response to the opinion issued by Drummond.

The attorney general's opinion — requested by state Sen. Mary Boren — said no one person may serve in the two positions in addition to leading the Oklahoma Department of Transportation.  A second opinion upheld the constitutionality of a 2023 law that diluted the governor’s exclusive appointment powers to the turnpike authority's board of commissioners.

Both opinions, a response to concerns raised about the implementation of ACCESS Oklahoma, were a shock to the state's transportation system.

Because the state Constitution prohibits dual office-holding and because Gatz was most recently named as a member of Stitt's cabinet, he had, in effect vacated the transportation department and turnpike authority positions, both of which preceded his appointment to cabinet secretary, the AG's opinion said.

Gov. Kevin Stitt calls forced resignations 'a weaponization of government'

Stitt said the opinion goes against decades of governors appointing agency heads as cabinet secretaries.

"We are losing a lot of efficiencies. Oklahomans view all of this as infrastructure,” the governor said.

Stitt said he disagrees with the opinion stating that if the secretary of transportation can approve or disapprove rules, then that counts a dual position. Stitt noted under prior governors dating back to David Walters, prior transportation secretaries also oversaw the state Transportation Department.

Under Gov. Henry Bellmon, Secretary Sandy Garrett retained her post when she was elected as superintendent.

Gatz and Stitt said Sen. Boren did not talk to them about her concerns about Gatz serving in multiple posts. Stitt called the forced resignations "a weaponization of government."

More: AG opinion prompts Tim Gatz resignation as transportation secretary, turnpike authority boss

Stitt quickly reappointed Gatz as director of the state Department of Transportation. Many lawmakers believe that Gatz will have to stand, again, for confirmation by the state Senate. The other transportation posts, however, remain vacant. Stitt said Thursday he anticipates turnpike authority Deputy Director Joe Echelle will take over day-to-day turnpike operations for the foreseeable future.

Stitt said he also is looking into retaining Gatz as a transportation advisor. Gatz said Drummond visited with him prior to the release of the opinions.

"We were very well prepared," Gatz said. "We will weather this and go on taking care of our infrastructure."

Gatz said he did not consider fighting the opinion.

"It doesn’t matter what I believe,” Gatz said. “It’s about the attorney general and his opinion, and we’re going to follow it."

What's next?

Questions remain about the future of the two transportation agencies, the reappointment of Gatz and whether the resignations will affect his salary.

Brenda Perry Clark, spokesperson for the Oklahoma Department of Transportation, said Gatz was paid $245,000 as director of both the Transportation Department and the turnpike authority. Gatz was not paid a salary as transportation secretary. Perry Clark said the salary cost was shared 50/50 between the turnpike authority and the state Transportation Department, along with benefits and travel. The only caveat, she said, was if travel was specific to one agency, that was paid by that agency in full.

Perry Clark said Gatz’s compensation is not expected to change with his resignation at the turnpike authority. “We’re not aware of any change to the salary because the governor has not directed us to change it,” she said. “We are expecting it to remain at $245,000. A recent compensation market study supports that salary for a single agency director and is comparable to what other directors in other states are making.”

Sen. Boren said she was examining information on whether or not Gatz should be forced to return his salary from turnpike authority. "That's what my people are asking," she said. "I think I have a responsibility, especially since people are asking."

Boren said the AG's opinion will spark changes in the transportation system and could force the agencies involved to be more transparent. "(Before the ruling) it was a lot harder to hold people accountable when one person is overseeing and directing, counting the till and also doing the books," she said. "That's part of the problem."

Speaking at a press conference Thursday, Senate Pro Tempore Greg Treat said he was still reviewing the AG's opinion and its impact. "The attorney general and I talked about it a little bit, when the Ryan Walters issue came up last year, and so we talked about others, but we didn't ask (for) a formal opinion. I was familiar with the issue, but I wasn't familiar with what his opinion would be until yesterday."

Treat said he also asked Senate attorneys to review whether or not Gatz would need to be confirmed after being reappointed as Transportation Department chief.

Senate Minority Leader Kay Floyd, of Oklahoma City, thanked Boren for requesting the opinion. She said she remained concerned that the Gatz situation "wasn't the only situation we have in the state."

"We have people that are quite possibly in positions that their not qualified — and I'm not saying Secretary Gatz isn't qualified — but I think we need to take a bigger look at some of the positions the governor has put some of these people in. The secretary (Gatz) was in three positions. We've had other members of his cabinet who we had concerns that perhaps were overstretched, over extended, if you will. So think it's something that needs to be looked at a little bit more a little more in depth."

Floyd said her caucus had not discussed a position on Gatz's Senate confirmation.

With Echelle, deputy director at the turnpike authority, assuming interim leadership of the agency, Lisa Shearer-Salim, director of communications at the turnpike authority, said Thursday its board also will meet in executive session to discuss its future leadership.

Amy Cerato, president of Oklahomans for Responsible Transportation, was not surprised Drummond upheld the constitutionality of HB 2263, which her group helped author.

“We had our bill language vetted by several constitutional lawyers across this state before it was put through the legislative process.”

Opposition to the turnpike authority has grown in recent years, and before ACCESS Oklahoma, residents in east Oklahoma County unsuccessfully fought seizure of their homes for construction of the Kickapoo Turnpike. That project was part of Driving Forward, the predecessor to ACCESS Oklahoma.

Cerato said more challenges remain including the decision by the Oklahoma Supreme Court to allow the turnpike authority to sell ACCESS Oklahoma bonds despite arguments the program includes routes not approved by lawmakers.

“The Supreme Court stripped the legislature of its power by validating the OTA’s ability to sell bonds,” Cerato said. “They gave the OTA the power to do whatever, wherever they want without regard to legislative intent.”

Cerato said her group has not given up the fight against ACCESS Oklahoma, but regardless of the outcome, they are committed to reforming the turnpike authority and ending what they see as an agency unaccountable to lawmakers and their constituents. Ending Gatz’s power over all of the state’s transportation entities was a part of that effort.

“Our job right now is to keep people informed on what the OTA is planning and be the state’s watchdog for everything they are trying to build. In the future, we want to ensure we put adequate protections in the law so that this sort of steamrolling of projects that go against legislative intent never happen again.”

This article originally appeared on Oklahoman: Lt. Gov resigns cabinet post following AG opinion against highways boss