Attorneys for Oklahoma Corporation Commissioner Todd Hiett not only state that he has in no way violated the Oklahoma Constitution by also sitting on the board of directors of Spiritbank but that a former legislator who sued him has no legal standing to do so.
In a filing on the last day the Supreme Court gave the commissioner to respond to former Rep. Mike Reynolds lawsuit, a suit supported by former Rep. Mike Ritze and former commission political candidate Todd Hagopian, Hiett’s attorneys said the court should deny the lawsuit.
They further described the trio as “an odd coalition of ex-politicians—trying to tarnish his good name by bringing and supporting an improper and unfounded claim.”
Attorneys Anthony J. Ferate and Andrew W. Lester of the Spencer Fane law firm filed Hiett’s brief and said the lawsuit was grossly misguided.
“Although it specifically prohibits Commissioners from engaging in almost a score of activities, it neither specifically nor generally bars a Commissioner from serving on the board of a bank,” stated the brief.
Their filing claims that Reynolds has no standing to file the suit. It also stated that Hagopian, as a political opponent failed to file a lawsuit within 30 days after Hiett was inducted in office, as state law indicates. The attorneys say state law only allows three possible petitioners, the Attorney General, a District Attorney or an individual claiming an interest in the office.
The filing also noted that the Supreme Court had previously ruled that a “collateral attack by a private individual is not permitted.” Hiett’s attorneys also claimed that the canons of statutory and constitutional construction lead to the conclusion that “Article IX does not bar serving on a bank board.”
They further stated that banks are not regulated by the Corporation Commission and that “the fact that serving on a bank board is not included” on a list of prohibited activities “shows it is not barred.”
In concluding their brief, Hiett’s two attorneys stated that “he has not violated his oath, he has not violated the Constitution or laws of the State of Oklahoma and he should not be removed from office.”
They also asked that the Court should deny Reynolds’ standing in the case and it should award Hiett his expenses and fees.
