One of the stories to come out recently is tangential to the eminent domain case at OSU. As you may know, OSU (my alma mater) has decided to create an “Athletic Village” by using the power of the state forcibly to require citizens to sell their property to the State. There have been a few problems with this deal, and I have to say that as an alum I have been embarrassed by some of OSU’s behavior in this matter.
The latest story in the Tulsa Whirled reports that OSU Board of Regents has sued McCloskey Brothers, real estate investors, to get the last piece of property it needs to move on with the whole Athletic Village idea. McCloskey Bros. counters by saying that the Board of Regents is unconstitutional. How so? Well, it seems that our pesky Oklahoma Constitution requires that a majority of the Board of Regents for Agricultural & Mechanical Schools and Colleges be farmers. Yep, you read right. A majority must be farmers.
Oklahoma Constitution, Article 6, Section 31a, states in full (bold emphasis mine):
§ 31a. Board of Regents for agricultural and mechanical schools and colleges – Members – Vacancies – Removal – Terms.
There is hereby created a Board of Regents for the Oklahoma Agricultural and Mechanical College and all Agricultural and Mechanical Schools and Colleges maintained in whole or in part by the State. The Board shall consist of nine (9) members, eight (8) members to be appointed by the Governor by and with the advice and consent of the Senate, a majority of whom shall be farmers, and the ninth member shall be the President of the State Board of Agriculture. Any vacancy occurring among the appointed members shall be filled by appointment of the Governor by and with the advice and consent of the Senate. The members of the Board shall be removable only for cause as provided by law for the removal of officers not subject to impeachment. The members shall be appointed for terms of eight (8) years each, with one term expiring each year, provided that the members of the first Board shall be appointed for terms of from one (1) to eight (8) years respectively. Provided that no State, National or County officer shall ever be appointed as a member of said Board of Regents until two years after his tenure as such officer has ceased.
You should also know that the President of the State Board of Agriculture must also be a farmer, as all members of the State Board of Ag must be. Eight others, a majority of whom shall be farmers, are to be selected by the Governor with standard advice and consent of the State Senate. A majority of 8 is 5. That means, if the article is correct and none of the Regents are farmers (other than the President of the State Board of Ag), only three of the current OSU Regents appointed by the Governor and confirmed by the Senate are qualified to hold that position of trust; they are illegitimate.
You would think this fact would invalidate their actions. Not so, says the State Attorney General. Or at least that is what OSU is alleging. OSU has said that the makeup of the Regent Board is irrelevent to the eminent domain case due to a 1987 state attorney general’s opinion saying actions by an unconstitutionally composed board remain valid. That would seem contrary to logic. If that were so, what motivation is there to compose board and commissions constitutionally. I have not yet found that AG’s opinion to read for myself, but remember, it’s only an opinion. The current AG filed an amicus brief on behalf of all us Oklahomans against the boy scouts in the big Supreme Court case. Yes, I said against the boy scouts. Not the best use of his opinion powers, eh?
The bottom line for me is that the Constitution is sacred. It is the contract we make with the government, which we empower by its ratification. I don’t care how weird or unreasonable a provision of the Constitution may seem, it is to be obeyed by the government because it was put there directly by the people. If the people determine that OSU Regents all must be left handed, that requirement must be followed to the letter because the people said so. Everyone loves the idea of democracy until a ruling elite thinks it knows better. Some of the current (illegitimate) Regents say things like OSU needs a broader range of experience on the Board of Regents. Ok then, campaign to amend the constitution. You don’t just get to decide that this idea seems better. Plus, the Constitution currently allows a minority of the Regents to be as broad as the Governor wants.
In fact, the OSCN site contains the note that that part about the Regents was:
Added by State Question No. 310, Ref. Petition No. 87, adopted at election held July 11, 1994
A direct vote of the people put it there, in the section about Board fo Agriculture (think maybe we were serious about the farming thing?), in 1994. If I am not mistaken that is more recent than the 1987 AG’s opinion OSU is clinging to as a way out of this embarrassment.
Long story short: Five OSU Regents are not qualified for the positions they hold. The last five appointed should be allowed to resign, though no resignation is necessary. Since only three seats are properly filled, Governor Henry should immediately appoint five farmers to the Board of Regents, to be confirmed by the Senate. End of story.