OKLAHOMA CITY — A document filed with the Oklahoma Supreme Court claiming the McCurtain County Board of Commissioners followed state law regarding a petition on theincorporation of Hochatown isn’t supported by an audio recording of the commission’s meeting.
The recording, made on a photographer’s iPhone at the April 18 meeting, paints a different picture of both the commission’s minutes and their recent filing with the Oklahoma Supreme Court.
On June 11, McCurtain County commissioners filed a brief with the Oklahoma Supreme Court pushing back against a lawsuit filed by a group of Hochatown residents who seek a public vote on incorporating the town.
The lawsuit asks the state’s high court to assume original jurisdiction over the incorporation matter and asks the court to force commissioners to call a public election on the issue.
In their response, filed with the court July 11, McCurtain County commissioners wrote that, “a meeting was thereafter held on April 18, 2022, pursuant to the posted agenda. Petitioners McDaniel, Sargent and Jordan all signed in as present at the meeting at which oral testimony was presented. The minutes of the meeting specifically state: that (Commissioner) White moved, second by Westbrook to vote no on the action of the special election for the incorporation of Hochatown for the reason being we are waiting on an opinion of our legal counsel making sure all requirements of Oklahoma State Statute 11-2-102 are met. Voting aye, Westbrook, White and Jennings. Motion carried.”
However, the audio recording of the April 18 meeting indicates that no testimony about the incorporation of Hochatown was presented and that no such vote took place.
In fact, according to the audio recording, White moved to open “discussion and possible action to call for an election of the incorporation of Hochatown in accordance with Oklahoma State Statute 11-2-102.”
After several seconds of silence, Commissioner Chris White can be heard saying, “Alright nobody has anything else to say? Mr. Chairman you are aware that we submitted a question to the district attorney’s office?”
Jennings answered, “I am.”
Westbrook continued, “We have not received an answer back?”
“We have not,” Jennings said.
“Then I make a motion, if a motion is needed, that we take no action today due to lack of information,” White said.
“Okay, good information,” Jennings said. “I’m in agreement.”
At that point, Commissioner Westbrook said, “I second that motion.”
Jennings replied, “Alright. That’s all we can do today on that. That’s where we are,” he said.
At no point does the recording indicate the members of the commission voted no. In addition, the commission’s filing reported that oral testimony was presented at the April 18 meeting. However, the audio recording indicates that no such testimony took place and that Dian Jordan, one of the members of the group seeking Hochatown’s incorporation, was limited to making a simple announcement after the members of the commission took no action on the incorporation vote question.
According to the recording, Jordan asked Jennings if she could make an announcement.
Jennings replied, “Just an announcement, that’s it. Just an announcement. We’re not open for discussion right now.”
The commission’s court filing said the board sought a legal opinion from District Attorney Mark Matloff. A text message, obtained by Southwest Ledger, shows that about a month later, at 6:03 p.m. on May 4, Matloff told Jordan that he would be discontinuing his research on the incorporation.
“Hey this is Mark Matloff,” the message said. “I have been informed the AG is doing an opinion for you on the incorporation. I have let the Commissioners know I will be discontinuing my research on the matter. Additionally, I informed them to follow the AG’s opinion.”
As of July 13, no opinion from Attorney General John O’Conner had been issued.