OKLAHOMA CITY — Oklahoma’s attorney general advised the head of the state Senate that Superintendent Ryan Walters could not serve simultaneously in his statewide elected position and as the governor’s education secretary.
The March 7 letter Attorney General Gentner Drummond sent Senate President Pro Tem Greg Treat likely doomed Walters’ chances of being confirmed by the Senate to continue serving on Gov. Kevin Stitt’s Cabinet.
Stitt on Tuesday replaced Walters as education secretary. Katherine Curry, a college professor, will now serve as the governor’s education secretary.
Treat, R-Oklahoma City, was supposed to shepherd Walters through the Senate confirmation process. A spokesman for Treat on Wednesday confirmed that the GOP leader of the state Senate sought legal guidance on whether Walters could serve simultaneously as state superintendent and secretary of education.
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“I have had numerous conversations with legislators who have expressed their concern that Mr. Walters is in violation of the prohibition against dual office holding,” Drummond wrote in his response letter.
State law prohibits state elected officials from holding two offices simultaneously. The law includes limited exceptions.
The position of state superintendent and secretary of education each constitute a state “office,” and as such, “Mr. Walters is statutorily prohibited from serving in both capacities,” Drummond added. The attorney general cited state law and detailed the duties of the education secretary to make his case that the appointed position constitutes a state “office.”
In the letter, Drummond cites the education secretary’s role as chair of the Commission for Educational Quality and Accountability. The education secretary can unilaterally veto agency rulemaking and also has some authority to control the disbursement of state funds due to one of Stitt’s executive orders, Drummond wrote.
In 1991 Sandy Garrett took office as state superintendent but also retained her position serving as education secretary to Gov. David Walters.
The Cabinet position used to be more of a ceremonial role, said Drummond spokesman Phil Bacharach. But the number of duties and statutory responsibilities for the education secretary have grown over the years, he said.
Walters
Stitt first named Walters as his secretary of education in 2020. But shortly after Walters was sworn in for his elected four-year term as state superintendent this year, Stitt reappointed him to his Cabinet.
For his Cabinet duties, Walters was earning $40,000 a year on top of his $124,373 annual salary as state superintendent.
Stitt spokeswoman Carly Atchison did not directly answer a question about whether the attorney general’s letter factored into the governor’s decision to rescind Walters’ appointment.
“This is all a big nothing-burger, though the media wants to believe otherwise and peddle narratives to the contrary,” Atchison said in an email. “Appointing Dr. Curry is not a reflection on Ryan Walters or his service as Secretary of Education on the governor’s cabinet for the last four years.
“The governor was thrilled with Ryan’s service and as Superintendent remains a close advisor and will always have a seat at the table.”
Walters did not directly answer a question Wednesday about whether he had the support needed in the state Senate to get the 25 votes necessary to be confirmed as education secretary.
“I’ve got great support in the Senate and the House and continue to work with them on moving the ball forward on school choice,” Walters said. He added that he’s looking forward to working with Curry.
Feb. 6, 2023 video. The Oklahoma governor delivered his State of the State address to open the legislative session. Video via okhouse.gov
