OKLAHOMA CITY – Two members of Gov. Kevin Stitt's cabinet resigned following an Oklahoma Attorney General opinion on the state's dual officeholding law.
Oklahoma Transportation Secretary Tim Gatz resigned two positions and Lt. Gov. Matt Pinnell stepped down as Secretary of Workforce Development Wednesday.
Oklahoma Attorney General Genter Drummond wrote in his opinion that Gatz cannot hold his cabinet post and be executive director of both the Oklahoma Turnpike Authority and Oklahoma Department of Transportation. Drummond also aff irmed that a law to restrict the number of gubernatorial appointments to OTA is constitutional.
Stitt told The Oklahoman he disagreed with the AG’s opinion.
Drummond’s opinion also prompted Pinnell to resign his cabinet position. Pinnell, who was elected lieutenant governor in 2018, has worked to at tract businesses to the state . He served as Secretary of Tourism in 2019 b ut stepped down in July to serve as workforce development secretary.
Hours after Drummond released his opinion, Gatz resigned his position in the cabinet and from OTA. He will continue as executive director for ODOT, according to an OTA statement. Gatz had served as OTA executive director since 2016 and was later appointed as executive director of ODOT. Gov. Stitt appointed Gatz as transportation secretary in 2019.
Drummond's opinion noted the law states no one can hold more than one off ice simultaneously. Although there are dual officeholder exceptions in the law, none apply to Gatz's positions, according to Drummond’s opinion.
Sen. Mary Boren (D-Norman) requested the legal opinion after she said numerous constituents raised the issue. Hundreds of residents filed two lawsuits against the OTA after it announced the ACCESS plan, a $5 billion statewide turnpike system expansion, including two new toll roads through Norman.
“I’m encouraged that the Attorney General took the time to explain so thoroughly how Mr. Gatz is currently breaking the law by holding more than one off ice,” Boren wrote in a state ment.
As of Monday afternoon, Stitt had not announced replacements for transportation secretary or workforce development secretary.
In response to a r equest from Sen. John Haste (R-Broken Arrow), Drummond also included his answer to the constitutionality of House Bill 2263.
The bill, which took effect in November, limited the governor’s power to appoint only two people to the OTA board from all six members. The Senate Pro Tem and House speaker appoint two each.
In his opinion, Drummond affirmed the law as constitutional.
OTA officials alleged the bill is uncon stitutional because granting most of the board’s appointments to lawmakers violates separation of powers between the state Leg islature and the state ’s executive branch. The agency filed a lawsuit to challenge the law earlier this year.
The bill was one of several filed to reign in the power of the OTA after criticism from Norman area residents scrutinized the agency’s practices. Those residents filed two lawsuits after OTA's announced plans in 2022, accusing the agency of violating the Open Meeting Act and the state’s bond law. Both were settled in the agency’s favor following Oklahoma Supreme Court rulings