While Senate republicans are calling for a special session in December, members of the Oklahoma Public Employees Association are saying they will work with legislative leaders to ensure state services remain intact.

Last month the OPEA began urging lawmakers to convene meetings of Appropriation Sub Committees in an effort to find out the effect continuous cuts are having on agency’s budgets.

“We are very fortunate that leadership is taking an active role to see if core state services are remaining intact,” said Sterling Zearley, OPEA Executive Director.  “This is an unprecedented shortfall, not unlike Oklahoma’s oil bust back in the ‘80s.  We commend our legislature for stepping up efforts to call a special session.”

Senate republicans are calling for a December special session, saying it’s very clear that additional budget cuts are inevitable.  Governor Brad Henry says, in published reports, that he is ready to work with legislative leaders to address the budget crisis even if it means a Christmas special session. 

“OPEA has been working behind the scenes for months to get our legislators to this point,” Zearley said.  “Our state employees who have dedicated their lives to public service are being furloughed and RIFd. As a result we’re already beginning to see the ripple effects on services to Oklahoma citizens.  Employees at the Department of Mental Health and Substance Abuse Services are facing RIFs, DHS nutrition programs for senior citizens are being cut, and this could just be the tip of the iceberg.  We’re all in this together, and together we can get through this crisis.”

Join Scott and Mark for the final "Break Room" of 2009, with a wrap up on prison privatization, state employee RIFS, and complaints against the Department of Mental Health and Substance Abuse Services.  

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The meeting will be held in the Lowry Room at Norman's Public Library, 225 North Webster, beginning at 5 p.m.

This is an important meeting all DMHSAS employees can't afford to miss!

OKLAHOMA CITY (November 19, 2009) – 

The Oklahoma Public Employees Association has filed a complaint against the state Department of Mental Health and Substance Abuse Services, alleging violation of the Open Meetings and Open Records Act.

OPEA filed the complaint today with the Oklahoma County District Attorney’s office, saying the DMHSAS “blatantly violated the Open Records Act” at the agency’s meeting November 13th.

“The DMHSAS Board specifically took action to close several programs across the state, and implement a reduction-in-force that will affect 100 employees,” said OPEA Executive Director Sterling Zearley.  “This agency’s commissioner and board are not above the law.  What they did was under-handed and in direct violation of the law.”

The actions were taken under an agenda item titled “Discussion and Possible Action Regarding Monthly Financial Report.”  According to Oklahoma Statutes Title 24, Section 303, “[a]ll meetings of such public bodies…shall be preceded by advance public notice specifying the time and place of each such meeting to be convened as well as the subject matter or matters to be considered at such meeting.”  Accordingly, DMHSAS failed to comply with the Open Meeting Act in failing to adequately provide sufficient notice of the issues for which the board knew would be discussed.

“We believe they (DMHSAS) intended to deceive the public, employees and members of the press to prevent questions or opposition to their actions,” Zearley said.  “We are asking the Oklahoma County DA to investigate, and if a violation is found, we are asking the board action taken November 13th be deemed invalid, and fines levied against the Board,” Zearley concluded.

The Oklahoma Public Employees Association is outraged at the shenanigans used today by the state Department of Mental Health and Substance Abuse Services during a meeting that will leave 100 employees without a job.

“The DMHSAS Board today RIFd 100 employees, which is the most severe action taken this year against state employees,” said OPEA Executive Director Sterling Zearley.  “OPEA believes the vote to close programs and reduce staff was a clear violation of the Open Meetings Act.”

The actions were taken under an agenda item titled “Discussion and Possible Action Regarding Monthly Financial Report.”  According to the Oklahoma Statutes Title 25, Section 303, “All meetings of such public bodies…shall be preceded by advance public notice specifying the time and place of each such meeting to be convened as well as the subject matter or matters to be considered at such meeting.”  In a similar case, Wilson vs. City of Tecumseh, 194 P.3d 140 (OK CIV APP. 2008) the court found the City’s failure to properly notify the public of the intended action in the agenda was a willful violation the Open Meetings Act and thereby rendered the vote null and void as a matter of law.  See Id. at 145.

“In addition to not providing notice of the agenda items, the DMHSAS Board violated the spirit of the law by not allowing an OPEA staff member to ask a question before the action was taken,” continued Zearley.  “The Board discussed and took this action using documents that were not provided to the press or those attending the meeting and failed to take any questions regarding the matter.”

“DMHSAS is the first agency to take such drastic action in the budget shortfall,” Zearley said.  “OPEA believes that agencies should cut contracts by at least five percent before closing state operated services and RIFing employees.  While DMHSAS said at the meeting they were reducing contracts, they did not reveal by how much or what was in their secret documents.”

Mark, Sterling and Trish discuss OPEA voting results regarding geographical representation, information about running for a board seat, and current news regarding the state's economy and how that affects state employees. 

Click here to listen.

Saying he’s “cautiously optimistic,” State Treasurer Scott Meacham says Oklahoma’s revenue shortfall continues, but better news may be on the horizon.

“This is the first time in 10 months I’ve stood before you with the news that last month’s shortfall wasn’t as bad as the previous month,” Meacham said during a state Capitol press conference Tuesday.

“One month doesn’t necessarily make a bottom, but it’s better than where we’ve been recently.  Hopefully this one-month trend will continue,” Meacham said.  “Coupled with other positive national economic indicators, I am hopeful that with today’s revenue report we have seen the bottom of the recession in Oklahoma and that recovery will begin in the next few months.”

Preliminary reports show General Revenue Fund collections last month were $374 million dollars, which is $116 million below the prior year and $83 million below the estimate.  In order to fund the reduced allocations in October, the state transferred an additional $24 million dollars from cash funds.  Those transferred funds will have to be repaid, most likely from Rainy Day Funds, by the end of the fiscal year.

“Governor Henry has guarded the Rainy Day Fund throughout his terms in office.  But the loss of senior nutrition programs, furloughs in agencies like the Department of Corrections, and cutting core services means we have to find an appropriate balance.  There are core services that must be kept in-tact, and if we have to use a portion of the Rainy Day Fund that’s what it’s there for,” Meacham said.

Last month Governor Henry announced that five percent cuts will remain permanent for all agencies throughout the remainder of the fiscal year, but Meacham says they have also told agencies to prepare for deeper cuts, just in case.  He says next month should be a better indicator of how the rest of the fiscal year will play out.

The holiday shopping season could be beneficial to state revenues, Meacham says, but the real boost will come from natural gas prices this winter.

“I think as we go into the winter months natural gas prices should help our revenue.  We have had a tremendous supply of natural gas in reserve, so if the winter is harsh, particularly in the east, that could help our picture.

“Several years ago we were praying for rain,” Meacham said.  “Now we need to be praying for snow, sleet and ice in the northeast.”

From left, Representative Mike Christian, Scott Barger and Representative Randy Terrill

Representative Mike Christian and OPEA's Legislator of the Year, Representative Randy Terrill, join Scott on today's edition of The Break Room. 

OKLAHOMA CITY (November 4, 2009) – The Oklahoma Public Employees Association is concerned about the timing of a series of hefty pay increases for some top DHS officials.

This comes in the wake of a press release issued by the Oklahoma House of Representatives Wednesday that details an exorbitant number of pay raises at the Department of Human Services.  The press statement says top administrative DHS staff received almost $200,000 in pay raises in the past year before the agency cut senior nutrition programs.

“We find the timing of these raises is very disconcerting,” said OPEA Executive Director Sterling Zearley.  “At a time when all agencies are being asked to cut back, and nutrition services to our seniors are being cut, these folks are seeing hefty pay increases.   While we believe all state employees are deserving of better pay, we believe these particular raises could have been delayed.”

State Representative Randy Terrill, in a statement released by the House of Representatives, said: “This unconscionable series of events calls into question the judgment of DHS’ senior management.  With state workers facing furloughs or layoffs, the Legislature should scrub every agency budget to determine whether the DHS abuses are an isolated case or just the tip of the iceberg. Somehow, I suspect the latter.”

Oklahoma Public Employees Association (www.opea.org) is a non-profit labor organization that has represented the interests of state employees at the Capitol in Oklahoma since 1975.

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The Election Board has certified the recent OPEA election results, and an overwhelming 96 percent of voters decided to change the OPEA Bylaws to geographical representation.

Voters cast their ballots via email, phone and mail-in ballot, with 1,616 voting "Yes" to adopt the amendments, and only 68 voting "No."

“This is a membership-driven Association,” said OPEA Executive Director Sterling Zearley.  “So we took it to a vote, first at the Annual Convention in August.  It was unanimous.  The councils, delegates and Board all said changing back to geographical representation was the way to go so in October we put it to a vote of the members.  Look at the numbers and you’ll see our members are telling us this is what they want,” Zearley said.

Now begins the process of choosing a new board, which will be seated in early 2010. Filing period will be open from November 18th to December 4th. Complete election rules, forms and the new geographical region maps are available on the OPEA website at http://opea.org/bylaws and in the November Advocate, which is also available online and will be arriving in your mailbox early next week.