Corporation Commissioners take first step toward non-public meetings

 

More than two months after a state law took effect allowing Oklahoma Corporation Commissioners the ability to meet privately without prior notification to the public, the agency started working this week on complying with the Act.

The so-called Corporation Commission Efficiency Act was adopted in 2024 by the legislature and signed into law, taking effect Nov. 1. It grants 11 different exemptions to the state Open Meeting Act which normally requires public notification of meetings.

Commissioners received a presentation from Angie Huffaker, Program Manager IV- Laserfiche Team Lead at Oklahoma Corporation Commission who discussed how they will comply with the law and notify the public of the non-public meetings.

Once commissioners meet as part of any of the 11 different exemptions, they are, by law, required to post a notification on the agency’s web site explaining what was discussed and when the meeting was held and where it was held.

“However, should the Corporation Commission wish to take potential action on the subject of a disclosed event, such potential action item shall be documented at least forty-eight (48) hours prior to the Corporation Commission considering such item at a public meeting,” stated the Act.

As Huffaker explained in a proposed notification presentation, the public notice will be part of the “Public meeting section” of the commission’s website. It will be named the Open Meeting Act Exemption Event Compliance Form.

“We will identify which Corporation Commissioners were present,” said Huffaker. She further explained the posting will reveal the location of such meeting and the “method of communication” along with the choice of the 11 exemptions.

“This is a really good start,” commented Commission chair Kim David after listening to the presentation.

The Act had the support of the Oklahoma Press Association and its executive director Mark Thomas.

“The OPA put their neck on the line,” said Commissioner Todd Hiett. “We should make sure we’re following what they beieve to be openness and transparency.”

New commissioner Brian Bingman, attending his first meeting as a regulator only said, “Looks good.”

Commissioners did not vote on approval of the web site proposals.

The act’s 11 different exemptions relate to the administrative, operational and procedural matters of the agency.

1. Scheduling of agenda items to be set before the Corporation
Commission for an emergency, regular, or special meeting;
2. Prioritizing cases pending before the Corporation
Commission;
3. Identifying legislative changes, proposed or passed, and
their effects on the Corporation Commission;
4. Discussing public and media statements;
5. Discussing organizational structure;
6. Discussing internal processes;
7. Discussing staffing needs;
8. Receiving informational updates from Corporation Commission
staff on the business of the Corporation Commission, as long as such updates do not pertain to pending legislative proceedings of the Corporation Commission;
9. Conducting regular staff meetings where discussions of the
day-to-day management of the Corporation Commission occur, as long as such updates do not pertain to pending legislative proceedings of the Corporation Commission;
10. Interviewing potential employees for the position of
Director of Administration and Division Directors; and
11. Assessing performance reviews and duties of the Director of
Administration and Division Directors.

The Act also restricts commissioners from discussing any pending
legislative proceedings of the Corporation Commission without
complying with the Oklahoma Open Meeting Act. It will allow them to attend and take part in conferences, training, educational, press, and social events, where the topic of these events is the Corporation Commission, even if a quorum is present, provided that no official action is taken and any discussion of the business of the Corporation Commission is incidental to the event.

Under the law, the commission is required to “implement periodic training on the Oklahoma Open Meeting Act for Commissioners and designated staff.”

When the law was enacted, not all of the commissioners supported the measure. Bob Anthony, on the commission at the time, opposed the Act and in a March 2024 opinion piece in The Oklahoman, called the exemptions “unbelievably broad exceptions to the Open Meeting Act.”

“HB 2367 is an attempt to slam the lid down and nail shut the coffin that the Corporation Commission has attempted to build for the very costly cover-up that the special interests orchestrated to conceal their multibillion-dollar 2021 Winter Storm profit-making and bail-outs at the expense of Oklahoma ratepayers. It is yet another lash across the eyes of those legitimately attempting to peek behind the curtain and find out exactly how and why consumers have received such short shrift at the commission in recent years while the insiders and special interests seem to get their way time and time again,” wrote Anthony.