The tense differences between Oklahoma Corporation Commissioner Bob Anthony and the two remaining commissioners, Todd Hiett and Dana Murphy became more evident Thursday during their regular meeting.
At one point during a discussion of Anthony’s effort to have the regulators vote in a reaffirmation of a statutory ban of accepting a bribe, Commissioner Murphy argued with him, finally stating, “You’re not in charge of what I do and what I refuse to do.”
She and Chairman Hiett openly refused to take a vote on Anthony’s motion.
“Being a lawyer, you might not understand,” said Murphy at one point. She is an attorney and Anthony is not. “What’s the purpose? I’ve already taken my oath.”
“It’s hard for me to listen to the past when you’re not keeping up with the present,” she accused of Anthony.
“I don’t know what more can be done other than to show you my oath,” offered Hiett.
“Mine too,” added Murphy prompting Hiett to read his oath aloud.
“Are we afraid it’s a waste of time?” asked Anthony.
“Yes,” replied Hiett abruptly. “I won’t bring it up.”
“I don’t have to vote on it,” added Commissioner Murphy.
“There’s no support for your motion,” concluded Hiett.
But the tense feelings on the sides became clear again later in the meeting during a discussion of regulatory preparations to resume in-person hearings on Sept. 16. Anthony raised the question of who decided to hold the hearings in person again.
“I made the recommendation. I have expressed my opinion,” answered Chairman Hiett, prompting Anthony to suggest the chairman could be personally liable without a vote by the entire commission.
“Pointing out problems for which there is never a solution,” snapped Murphy as she intimated her frustration about Commissioner Anthony’s questions. “The request for in-person hearings has been overwhelming.”
Anthony also questioned the moves by Commissioners Hiett and Murphy in expressing their support for unnamed applicants for the budgeted position of Deputy Director of the Commission’s Oil and Gas Division, for which there have been approximately 160 applications.
“You’re gonna face lawsuits if you’re getting into the hiring and firing and selection process,” he warned Chairman Hiett.
Earlier, Hiett and Murphy expressed support for moving forward in hiring a Deputy Director.
“Definitely an opportunity to bring in some talent. I think it’s time we could go forward,” said Hiett. “I have one applicant in mind.”
Commissioner Murphy said she too supported hiring a Deputy Director, adding, “Caution is one thing but indecisiveness is another.”
Commissioner Anthony questioned a rush to make the hire, saying the state’s revenue from oil and gas has “changed markedly” because of the COVID-19 pandemic.
“We’re in a turbulent situation monetarily,” he told his fellow commissioners. “Our budget has shown red in the last 30 days.”
While the position has been budgeted for the current fiscal year, Chairman Hiett pointed out the July revenue from oil and gas is down $262,000 from July 2019. The June revenue was $343,000 down from a year earlier.
The moves by Commissioners Hiett and Murphy could raise a question of the state’s Open Meeting Act—making a policy decision without a formal agenda vote. However, defenders might be able to argue that the final decision of opening the building to in-person hearings and of hiring a Deputy Director of Oil and Gas will come down to staff decisions.
It also raises a question of pressuring staff to follow through with the wishes of some commissioners.