Stitt lacked authority to end some pandemic unemployment benefits, court told

An Oklahoma Supreme Court referee on Wednesday heard arguments in two cases challenging the state’s decision to end the additional federal benefits early.

One case involves 10 people who challenged the decision by Oklahoma Employment Security Commission Executive Director Shelley Zumwalt and Gov. Kevin Stitt decision to end the $300 a week additional federal aid in unemployment.

Zumwalt and Stitt made the announcement in May, saying the extra benefit would end June 26. Stitt said the additional dollars were a disincentive for the unemployed to find a job.

They announced a $1,200 incentive for certain individuals who get off unemployment and go back to work.

On Friday, in a separate case, an Oklahoma County District Judge Anthony L. Bonner ordered the benefits to be reinstated. The state appealed that order to the Oklahoma Supreme Court.

Attorney Mark Hammons argued Stitt nor Zumwalt had the power to end the additional federal unemployment benefits.

The legal issue is whether or not the governor can modify provisions of law by substituting his judgment for that of the legislature, Hammons said.

The legislature has directed the Oklahoma Employment Security Commission to work with the federal government to provide the maximum benefits available under federal law, Hammons said.

“There is a clear and direct statutory duty the governor violated by issuing an executive order that purported to end, did actually end benefits, that were available and that were supposed to be provided under Oklahoma law,” Hammons said.

He said there is no provision in state law that allows Stitt to set forth the amount of unemployment benefits or alter or change them, Hammons said.

Andy Ferguson, an attorney with the Oklahoma Attorney General’s office, argued the state did have the power to end the additional benefits.

Referee John Holden said he will issue a report to the full court. He said he had no decision-making authority.