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« on: February 02, 2007, 02:09:39 am » |
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Fields urges lawmakers to consider 'transition laws' 01/22/2007 by Shawn Ashley
(LIN) State Labor Commissioner Lloyd Fields urged lawmakers Tuesday to consider 'transition laws' that could aid newly elected state officers as they prepare to take office.
"Right now, everything is at the discretion of the incumbent," Fields told members of the House Economic Development and Financial Services Committee. "They can pretty much do anything they want."
Fields appeared before the committee to outline his budget request for the coming fiscal year. He had to tell lawmakers several times that he did not know the answers to their questions because he is still searching for Department of Labor documents with the necessary information. He stopped just short of saying his predecessor, former Labor Commissioner Brenda Reneau, had destroyed documents. He did say, however, that some information appears to have been deleted from computers and other documents seem to be missing.
"What you see here," he said, referring to a budget outline presented to committee members, "is two weeks' work. This is what we have been able to do since we came in the door."
Fields' transition got off to a rocky start. After defeating Reneau in November's general election, he was scheduled to meet Jan. 4 with agency leaders. Upon arriving at the Department of Labor offices, however, he was met by an agency employee who handed Fields and his staff various documents. He then was told that his meeting had been canceled the previous day, although he was later given an opportunity to meet with several of the agency's employees. Reneau's staff said the meeting was canceled after Fields failed to confirm his plans to attend.
Asked by Rep. Ron Peters, R-Tulsa, whether any laws exist to aid newly elected officials in assuming office, Fields said, "No, and I will get behind anyone who wants to take that on." He said such a law should protect government records and freeze expenditures except those necessary for a department's ongoing operations.
Following the committee meeting, Peters said he might be willing to take that challenge. "It seems crazy to me that there is not something already in place," Peters said. "I'm completely surprised there's not anything to protect records, particularly."
Peters said such a proposal would need to address two issues. "First and most importantly, we have to protect state records," he said. "We have to have a law that prevents the destruction of government records. Secondly, we need to look at whatever we can do to make sure the transitions happen smoothly and that there is more coordination between the outgoing official and the incoming official."
Existing state statutes require state officers, such as the labor commissioner, to turn over all books and records to their successor (Title 51 O.S. Section 19). The outgoing officer's final month's paycheck can be withheld until their successor verifies the office's records have been turned over to them (Title 51 O.S. Section 20). Failure to turn over the records could constitute a misdemeanor (Title 51 O.S. Section 22).
Specific transition provisions apply to the governor and lieutenant governor's offices. Statute requires that the Office of State Finance's Division of the Budget, set aside $30,000 "or so much thereof as may be necessary" to facilitate the transition of the governor-elect and $10,000 for the lieutenant governor-elect (Title 62 O.S. Section 41.39) A section of the statute also calls on the division to work with the governor-
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