Government of Oklahoma
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The government of the US State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the Federal government of the United States.
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[edit] State Legislative Branch
The legislative branch is the branch of the Oklahoma State government that crafts legislation. The Oklahoma Legislature is bicameral, consisting of the Oklahoma House of Representatives and Oklahoma Senate. All of the State’s legislative authority is vest within the Legislature as well as other powers. The most important of these powers are the powers to levy and collect taxes, borrow money, raise and maintain the militia of the State, and provide for a Firemen’s pension. Just as the US Constitution has a "necessary and proper clause", the Oklahoma Constitution in Section Article 5 section 45 provides the Legislature the power to pass laws as they are necessary for carrying into effect the Oklahoma Constitution.
All acts of the Legislature must be approved by a majority in both houses and signed by the Governor to be enacted into law. However, should the Governor veto the bill, the Legislature, by a two-third vote in both houses, may over turn the Governor's veto and the bill be enacted into law without the Governor's signature.
Members of the Legislature are limited to a combined total of 12 years service in the Legislature, regardless of house.
[edit] Senate
The Senate is the upper house of the Legislature with its 48 seats divided equally among the state’s 48 senatorial districts. The State Senators serve a four-year staggered term, with half of the Senate up for reelection every even numbered year. The presiding officer in the Senate is the Lt Governor in their role as President of the Senate. However, the Lt Governor dose not normally preside, so in place of the Lt Governor is President Pro Tempore of the Senate, who is third in line to succeed the Governor in the event of the his removal from office.
The Senate is required to give their advice and consent to many executive branch appointments made by the Governor.
[edit] House of Representatives
The House of Representatives is the lower house of the Legislature with its 101 seats divided proportionally according to each county’s population. Each member serves for a two-year term with the entire House up for reelection every even numbered year. The presiding officer in the House is the Speaker of the House, who is fourth in line to succeed the Governor after the Lt Governor and President Pro Tempore of the Senate.
[edit] State Executive Branch
The executive branch is the branch of the Oklahoma State government that executes the laws of Oklahoma. The branch is headed by the Governor of Oklahoma, who is assisted by eleven other state officials, all of whom oversee over 300 state agencies, boards, and commissions.
[edit] Governor
The Governor is the head of state and head of government for Oklahoma, the commander-in-chief of the Oklahoma National Guard when not called into Federal service, as well as the State’s chief executive in which all executive power is vested. The Oklahoma Constitution refers to the Governor as the “conservator of the peace throughout the State” and as the State’s “chief magistrate.” The Governor is the State’s chief representative and spokesperson to the other states within the United States, the US Government, and all foreign nations.
Due to the relatively large number of higher executive branch officials, some critics of the government of Oklahoma have referred to it as “weak governor” system, at least when compared to the powers and responsibilities of other State governors.
[edit] Lieutenant Governor
The second highest executive official in the Oklahoma government is the Lieutenant Governor of Oklahoma and the first in line to succeed the Governor. In the absence of the Governor, the Lt Governor assumes the powers and office of Governor. However, as long as the Governor remains in the state and is capable of discharging his duties as Governor, the Lt Governor’s main role is that of the President of the Oklahoma Senate.
[edit] Attorney General
The Attorney General of Oklahoma is the state’s chief legal advisor and officer. Also, either the Attorney General himself or one of his officers represents the State in all litigation or hearing before boards and commissions. One of the main responsibilities of the Attorney General is to issue opinions on laws to state officials. The Attorney General can also call multi-county grand juries to investigate crimes that have occurred in more than one county.
[edit] Secretary of State
The Secretary of State of Oklahoma, an elected official from statehood until 1975, is the only appointed higher level executive officer. The State’s chief elections officer and certification official, the Secretary of State is responsible for maintaining the Great Seal of Oklahoma and the original Constitution signed in 1907. The Secretary of State is also responsible for various executive, legislative, and judicial functions within the State government. The Secretary of State also serves as a member of the Governor's Cabinet.
[edit] State Treasurer
The State Treasurer of Oklahoma is the administrator and manager of the State’s depository of all State funds collected by Oklahoma’s various State agencies. The office’s major duty is to select banks and investments in which to place State funds in order to yield profit for the State at large. The Treasure maintains an accurate account of all money received and distributed by the Oklahoma State Treasury. The Treasurer also delivers all state warrants, checks, and bonds to the Office of State Finance.
[edit] Superintendent of Public Instruction
Often referred to as the Oklahoma State School Superintendent, the Superintendent of Public Instruction of Oklahoma supervises and manages the public school system of the State along with the State Board of Education. The Superintendent publishes school laws, renders opinions of the laws, and submits annual reports to the Governor on the condition of public schools. The Superintendent as also an ex officio member of the State Emergency Fund Board and chairman of the State Career Tech Board.
In order to hold this office, a candidate must be the same qualifications as the Governor along with a master’s degree in school administration and a valid administrator’s certificate.
[edit] Commissioner of Insurance
Unlike most other executive officers, the Commissioner of Insurance of Oklahoma must be 25 years old, as opposed to the usual 31, and must have at least 10 years of experience in the insurance business. The Commissioner’s main duty is administer state laws dealing with insurance companies operating in the State. The Commissioner possesses great power in auditing insurance companies to make certain that they pay claims to their policy holders. When ever an insurance company faces financial issues, courts usually appoints the Commissioner to serve as a trustee.
[edit] Corporation Commission
The Oklahoma Corporation Commission consists of three Corporation Commissioners, each of at least 30 years, serving two year terms. The three Commissioners regulates rates charged by and otherwise supervises all public utilities (including telephone, electric, gas, and water) doing business within the State. The Commission also regulates all cotton gin, trucking, and public transportation businesses. The Commission enforces oil and gas conservation laws and regulates pipeline companies. The Commission is empowered to inspect the books and records of companies operating under their supervision and have extensive power to punish violators of its orders.
In order to serve on the Corporation Commission, a candidate can not own personal interests within the companies the Commission regulates.
[edit] Auditor and Inspector
The Oklahoma State Auditor and Inspector prescribes a uniform system of bookkeeping for the county treasurers and the State Treasurer. Twice annually, without notice, the Auditor and Inspector audits the books and accounts of the State Treasurer and the county treasurers. If wrongdoing is suspected in the state, county, or local governments, the Auditor and Inspector is empowered to investigate , audit the books of the suspect in question, and make recommendations to solve the problem.
[edit] Commissioner of Labor
Of all the executive offices, the Oklahoma Commissioner of Labor has not constitutional requirements to hold the office. The Commissioner is responsible for supervising the administration of all state laws relating to labor and workplace safety and gathers and publishes information about the workforce of Oklahoma.
[edit] State Cabinet
Beginning with Governor David Boren, Oklahoma introduced an unofficial Cabinet system. It was not until Boren’s successor Governor George Nigh that the first official Cabinet meeting was held. Created in 1986 under the Executive Branch Reform Act, the Oklahoma State Cabinet was implemented to organize the various departments, agencies, boards, commissions and other entities of the executive branch in order to “improve the effectiveness, efficiency and accountability of state government.”
Within 45 days of assuming office, the Governor must organize his cabinet. State law provides only for the Department of Veteran Affairs, being created by the original law in 1986. Within those first 45 days, the Governor may created any department has desires and place under them any agencies, committees, and boards with “similar programmatic or administrative objectives.” The Governor must create at least 10 departments but no more than 15 (including the Department of Veteran Affairs). After the Governor has created the Cabinet he may not unilaterally change its composition. This would require legislation from the Oklahoma Legislature at the initiation of the Governor.
The Governor appoints, with the Oklahoma Senate confirming, all the heads of the departments who receives the title Secretary of the Department. Each of the Secretaries are required to advise the Governor on any policy changes or problems within their department, represent the Governor in administering their department as directed by the Governor, and to coordinate information gathering on their department or administrative area for the Legislature as may be required.
All of the Secretaries serve at the pleasure of the Governor, and may be removed from their position at any time. However, should a Secretary also be the head of an agency, their addition to or removal from the Cabinet will not effect their position within the agency. When ever a Secretary position is vacant, for any reason, the Governor must appoint a replacement within 30 calendar days, who must be confirmed by the Senate. Should the Senate not be in session, the appointment candidate may serve in the Secretary position until the Senate reconvenes to confirm the appointment.
The Secretary of State of Oklahoma and the Adjutant General of Oklahoma are the only ex officio members of the Cabinet, both of whom are appointed by the Governor for reasons other than the State Cabinet. The Secretary of State does not head a Department as the other Secretaries do, but the Office of the Secretary of State instead. The Adjutant General is second-in-command of Oklahoma National Guard, under the Governor, and serves as the chief military advisor to the Governor and the head of the Military Department of Oklahoma as the Secretary of the Military.
The fifteen Secretary positions within the Oklahoma Cabinet under current Governor Brad Henry are as followed:
- The Secretary of Human Resources and Administration
- The Secretary of Agriculture
- The Secretary of Health
- The Secretary of Education
- The Secretary of Energy
- The Secretary of the Environment
- The Secretary of Finance and Revenues
- The Secretary of Human Services
- The Secretary of Safety and Security
- The Secretary of the Military
- The Secretary of Transportation
- The Secretary of Science and Technology
- The Secretary of Commerce and Tourism
- The Secretary of Veteran Affairs
- The Secretary of State
[edit] State Judicial Branch
The judiciary is the branch of the Oklahoma State government that interprets the State’s laws and Constitution. Headed by the Oklahoma Supreme Court, the judiciary consists of two courts of last resort, courts of general jurisdiction, and courts of limited jurisdiction. Also, the Oklahoma judiciary contains two independent courts.
All judges and justices requiring appointment are appointed by the Governor. Candidates must first go through a nominating process through the Oklahoma Judicial Nominating Committee, which selects three candidates to submit to the Governor for a single selection to the office.
[edit] Supreme Court
The Oklahoma Supreme Court is Oklahoma’s court of last resort in all civil matters and all matters concerning the Oklahoma Constitution. Consisting of nine justices appointed by Governor to serve life terms, but every six years they must stand election to retain their position, each justice must be at least 30 years old, have been a licensed attorney for five years, and have lived for at least one year in the Supreme Court judicial distinct from which they are selected.
Five of the nine justices are required to affair, modify, or overturn any ruling of any lower court. Once the Court has reached a decision, one justice is selected to write the Court’s opinion. Once published, the opinion becomes the controlling factor in the state’s law surrounding the issue(s) it addresses. This is known as “stare decisis”.
The justices select from among their members a Chief Justice and Vice Chief Justice to serve two year term. The Chief Justice of Oklahoma is responsible for the administration of all courts in the Oklahoma Judiciary and establishes rules for all courts to follow. The Chief Justice also oversees all practicing attorneys in the State.
[edit] Court of Civil Appeals
Because the Oklahoma Supreme has neither the time nor resources to hear all cases brought before it, the State created the Oklahoma Court of Civil Appeals. When a case is brought before the Oklahoma Supreme, the Court may choose to send the case to one of the four division of the Civil Court of Appeals, two located in Tulsa and two in Oklahoma City. Each division of the court has three judges, appointed for life, but must stand for election every six years to retain their positions.
Two of the three judges may choose to reaffirm, modify, or overturn any ruling of any lower court. However, if the Oklahoma Supreme Court disapproves of the courts ruling, it may review the decision as change it as the Court demeans necessary.
[edit] Court of Criminal Appeals
The Oklahoma Court of Criminal Appeals is the Oklahoma court of last resort involving all criminal matters. The five judges are appointed by the Governor with the judges selecting a Chief Judge at the beginning of each term of court. Like the justices of the Supreme Court, the judges serve for life but must stand for election every six years to retain their position. (The bifurcated system of separate final appeal courts for civil and criminal cases exists only in Oklahoma and neighboring Texas.)
Regardless of when the appeal comes from, the Court of Criminal Appeals is always the first court to hear an appeal involving the death sentence.
Whenever there is dispute involving whether a case falls under the jurisdiction of the Oklahoma Supreme Court or Court of Criminal Appeals, the case is hear before Oklahoma Supreme Court.
[edit] District Courts
The backbone of the Oklahoma judiciary, the District courts have general jurisdiction over most all civil and criminal matters within their sphere of influence. Oklahoma has 77 district courts, each have either a single or multiple District Judges with at least one Associate District Judge to administer justice. The judges are elected, in a nonpartisan manor, to serve a four year term. In the event of a vacancy in any of the district courts, the Governor appoints a judge to serve until the next elections. In the event of a heavy caseload in the district, a Special Judge may be appointed to assist the District Judge.
Oklahoma is divided in Judicial Administrative Districts, involving several district courts, to assure a well-organized system. From the judges of the district courts, one is selected to serve as the Presiding Judge, who is responsible for the administration of their district. The Presiding Judge is answerable to the Oklahoma Supreme Court.
Candidates for district judge must be a practicing lawyer or judge for the past four years and must live in the district in which they are seeking election. Associate judges must have been a practicing lawyer or judge for the past two years.
Civil appeals are heard by the Oklahoma Supreme Court and criminal appeals are heard by the Oklahoma Court of Criminal Appeals.
[edit] Workers’ Compensation Court
The Oklahoma Workers’ Compensation Court is a special court, consisting of ten judges, that hears all worker’s compensation claims. The judges are selected by the Governor to serve a six-year term. All claims submitted are heard by a single judge in either Tulsa or Oklahoma City. If a party disapproves of the judge’s ruling, they may appeal to a three judge panel called the Court En Banc. Appeals for the Court En Banc are heard by the Oklahoma Supreme Court.
[edit] Court on Tax Review
The Oklahoma Court on Tax Review is a special court in the Oklahoma judiciary charged with hearing disputes involving illegal taxes levied by county and city governments. All tax review cases are sent to the Chief Justice of Oklahoma, who then sends the claim to the presiding judge of the administration district from which the claim originated. The presiding judge then appoints three judges to serve as the Court on Tax Review. Appeals from the court are heard by the Oklahoma Supreme Court
[edit] Court on the Judiciary
One of the two independent courts in the Oklahoma Judiciary, the Oklahoma Court on the Judiciary is the court responsible for removing judges from their position if they have committed legal acts. One of two such courts in the nation (other than Texas), the Court on the Judiciary insure that other courts best administer justice.
If any judge exercising judicial power under the Oklahoma Constitution, other than the Justices of the Oklahoma Supreme Court, are found guilty of gross neglect of duty, corruption in office, habitual drunkenness, commission while in office of any offense involving moral turpitude, gross partiality in office, oppression in office, or other grounds as specified by the legislature may be either forcefully removed from office. Forced retirement may occur if the court finds the judge in question to be mentally or physically to perform their job. No other penalties may be imposed by this court, however later charges may be levied by other courts.
The Court on the Judiciary consists of a nine-member Trial Division and a five member Appellate Division. The courts jurisdiction may be called into force by the Governor, Attorney General, Oklahoma Supreme Court, the Oklahoma Bar Association, or by the House of Representatives. Also, private citizens can file a formal complaint against a judge to be heard by the Oklahoma Council of Judicial Complaints. It the complaint is approved, the case is heard by the Trial Division of the Court.
All cases brought before the Court are heard by the Trial Division. Any appeals from the Trial Division are heard by the Appellate Divisions. There are no appeals from the Appellate Division’s decisions, and not even the Oklahoma Supreme Court may change its rulings.
[edit] Court of Impeachment
The second independent court in the Oklahoma Judiciary is the Court of Impeachment, which is the Senate sitting. Impeachment charges are brought by the House of Representatives, and they are heard by the Senate, with the Chief Justice of Oklahoma presiding, unless the Chief Justice or any member of the Oklahoma Supreme Court is charged, in which case the Senate shall select one of its own members to preside.
Impeachment charges may only be brought against the Governor and all other statewide elected state officials (including the Oklahoma Supreme Court Justices) for willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. If impeached, all officials are immediately suspended in discharging their duties. Should the impeachment fails, the officer in question returns to their duties. However, if the impeachment is successful and the defendant found guilty, they person is removed from office.
[edit] County Government
County governments, as extensions of the State government, are administrative bodies that possess executive and (limited) judicial powers, but not legislative powers. The 77 counties in Oklahoma keep records of deaths, births, marriages, divorces, property ownership, and court activities within the county. The counties must also maintain a court system, law enforcement, road and bridge construction, and voter registration.
The center of the county government is the county seat. Each county government is composed of eight elected officials and a District Attorney. All county officials serve four year terms being on the first Monday in January following their election.
[edit] County Commission
Each of Oklahoma’s 77 counties are subdivided into three districts with approximately equal population. From each of the three districts, a County Commissioner is elected independently from the other two Commissioners. The three Commissioners serve the county as the County Commission, with each having equal voting powers and a yearly rotating chairmanship. This Commission, along with the County Clerk, Coutny Assessotr, County Treasurer, and County Sheriff, makes up a quazi-executive branch of county government.
The Commission supervises county administration, manages all property owned by the county, prepare the county budget, and advertises bid for major county purchases and contracts. The Commission is also empowered to audit and approve claims against the county, propose county bonds, and audit the accounts of all other county offices. The Commission’s other duties include the maintenance of traffic control devices, power to approve zoning applications, and the administration of all federal funds provided to the county.
[edit] County Clerk
The County Clerk serves as the county’s official record keeper and as the Secretary for the County Commission. The County Clerk is the county’s bookkeeper, auditing and paying all salaries and claims for the county. The Clerk is thus empowered to write checks to all local governments for their appropriate funds. All medical licenses, tax records, and tax deeds are filled with the County Clerk. The Clerk is also the county’s official Registrar of Deeds.
[edit] District Court Clerk
The District Court Clerk’s main responsibilities are to record, file, and maintain the records of all civil and criminal cases brought before the District Court. The Clerk also collects and accounts for all of the Court’s fines and costs. The Court Clerk maintains the court schedule, keeps record of all jurors and witnesses, issues subpoenas, certain licenses, and is answerable to the Oklahoma Supreme Court for the District Court’s statistics.
[edit] County Sheriff
The County Sheriff is the chief law enforcement officer in the county and peace officer. The Sheriff must be at least 25 years old, have been a resident of Oklahoma for two years, a qualified elector in the county, and posses at least a high school diploma. In counties with over 80,000 citizens, the Sheriff must be a certified peace officer at election. However, in counties with under 80,000 citizens, the Sheriff is given up to 12 months after the election to become certified.
When it comes to the responsiblities of the Sheriff, Oklahoma's outlaw history has bestowed the Sheriff with what is seen as full services, that is, providing tradition law-enforcement functions, including countywide patrol and investigations irrespective of municipal boundaries. As the chief peace officer, the Sheriff is responsible for ensuring the peace is preserved, riots are suppressed, and that unlawful assemblies and insurrections are controlled. The Sheriff serves as the executive of all court orders and other lawful authorities within the county. To ensure justice is administered, the Sheriff is empowered to apprehend any person charged with a felony or breach of the peace and may attend any court within the county.
In order to prevent the Sheriff from abusing their position, the Sheriff is required to account for all funds collect by the office and to make a monthly report to the County Commission.
[edit] County Assessor
The County Assessor is the core of the Oklahoma property tax system. The Assessor is required to establish the market and taxable value of all real and business property in the county. Each year, the Assessor prepares ex assessments and submits them to the County Treasurer. The Assessor doses not raise or lower the property tax, only sets the value of the property.
[edit] County Treasurer
The County Treasurer is charged with the collection of all taxes certified by the County Assessor. After collection, the taxes are distributed by the Treasurer according to the county budget. The Treasure also serves as the official custodian of all county funds. All warrants and vouchers for all county departments are managed by the Treasurer’s office.
[edit] District Attorney
While not a county official since 1967, the District Attorney replaced the County Attorney as the chief county legal advisor. There are 27 district with the District Attorneys serving any and all counties located within their district. The main purpose of the office is the prosecution and defense of any civil action in which any county in their district is concerned. To perform their duties, the District Attorneys are empowered to appoint assistant district attorneys, investigators, and clerks so that each county in their districts has at least one assistant district attorney. As members of the State executive branch, all officers and offices under the District Attorney are paid by the State and not the County.
[edit] See also
- Oklahoma Constitution
- Republican form of government
- Governor of Oklahoma
- Oklahoma Legislature
- Oklahoma House of Representatives
- Oklahoma Senate
- Oklahoma Supreme Court
- Politics of Oklahoma
- Oklahoma Democratic Party
- Oklahoma Republican Party
