Embattled Oklahoma Corporation Commissioner Todd Hiett, the regulator accused of public drunkenness and attempting to grope a man at a public bar, was hit with an attempt by three legislators before the Supreme Court to stop him from participating in cases involving some major utilities.
State Reps. Tom Gann of Inola, Kevin West of Moore and Rick West of Heavener filed a request with the Supreme Court for a writ of prohibition to disqualify Commissioner Hiett from cases involving Oklahoma Natural Gas Company, Oklahoma Gas and Electric and the Public Service Country. The legislators contended in their filing that unless Hiett is not prohibited from participating in judicial cases pending before the commission, they will be denied their due process.
(filing with Supreme Court: 1059562231-20240916-080212- (2).pdf)
Reps. Gann, West and West wrote in their Supreme Court filing that they have filed formal complaints against Commissioner Hiett with the State Ethics Commission and the Council on Judicial Complaints over his alleged violation of State Ethics Rules and the Code of Judicial Conduct, but “the complaint procedures of both are time-consuming and confidential” and they might never learn the outcomes of any investigation. They also asked the Attorney General for an opinion on the issue.
“That said, even when the Attorney General’s Office gets around to considering Petitioners’ request, there is no guarantee the Attorney General will issue an opinion (or that Hiett will follow it any better than he has followed the existing laws),” stated the three Republican legislators in their filing against the Republican Hiett.
“In short, Petitioners’ representation at the OCC in these cases rests with the Attorney General, but the Attorney General has remained silent about the potential impact of Hiett’s alleged criminal conduct on the integrity of these judicial fuel cases, and indeed, on anything at all,” they added.
(Commissioner Todd Hiett)
The legislators laid out their case by claiming Hiett faces “serious allegations of criminal conduct—including “sexual assault” of a man who “represents a company who goes before the Oklahoma Corporation Commission.” Hiett also faces allegations of sexual harassment, public intoxication and drunk driving, the three continued.
Hiett’s attorney, Joe White of the White & Weddle law firm in Oklahoma City issued a statement about the filing.
“Given the case now pending with the court, it would be inappropriate for Commissioner Hiett to comment on this action by the legislators.”
In the Supreme Court filing, the state Representatives noted that Hiett has refused to disqualify himself from cases involving companies with direct knowledge of his alleged criminal conduct—“companies whose employees/agents/representatives have not yet filed police reports about Hiett’s conduct or filed civil lawsuits against him.”
The legislators further claimed that in late August, Hiett cast the deciding vote in approving a $31 million ONG rate hike and the vote came just ten weeks after he allegedly sexually assaulted an attorney for ONE Gas, Inc., the parent company of ONG. They further stated that one of the company’s attorneys of record in both ONG’s rate case and its still pending fuel case “allegedly has direct knowledge of the incident.
The legislators weren’t finished in building support for their writ to the Supreme Court, noting that ONG, OG&E and PSO are represented by the new Thompson Tillotson law firm which last year held a “launch” reception at an Oklahoma City bar and chophouse. Their petition pointed to allegations that at the reception, Commissioner Hiett “is alleged to have sexually harassed a female OCC employee” and drove home drunk.
Continuing to build their case, the Representatives explained Hiett didn’t recall the groping of the man at a hotel bar while he attended a national convention in Minneapolis, Minnesota, but he did remember the reception incident well enough to later apologize to a witness.
“But Respondent’s knowledge, whether remembered or learned, of his alleged criminal conduct did not prevent him from participating in and even voting on cases—including judicial fuel cases—at the OCC involving regulated public utility companies whose employees/agents/representatives had direct knowledge of his illegal conduct.”
The legislators also focused concern on how the relationship between Commissioner Hiett and the employees, agents and representatives of the firms could affect his voting. They believe any of them could have leverage over Hiett in their cases before him at the OCC.
“The threat always exists that if he doesn’t rule in their favor, the illegal conduct could be reported, or a civil lawsuit could be filed,” stated the legislators.
Commissioner Hiett was chairman of the regulatory body at the time the allegations went public in July. He later said he was undergoing treatment for what he called his “affliction” and removed himself as chairman. However, he refused to resign from the Corporation Commission.