Dorman Bill to Increase School Safety Advances

OKLAHOMA CAPITOL – Oklahoma schools could increase school safety and security by expanding the use of fingerprint background checks of adults who regularly interact with students, according to one state lawmaker.

House Bill 2228, by state Rep. Joe Dorman, would allow schools to authorize fingerprint background checks on anyone interacting with students in school-sponsored activities, including volunteers. Currently, schools cannot conduct these checks unless specifically authorized by state law.

The legislation was approved by the House Public Safety Committee and now advances to the House Calendar Committee.

“I have consulted with the Oklahoma State Bureau of Investigation and local school administrators on the need for this legislation,” said Dorman, D-Rush Springs. “I feel we need to better protect our students from pedophiles and other criminals who are slipping through the cracks by providing false identities to schools.”

Last year, House lawmakers approved a similar bill, but it did not make it to the governor’s desk. This modified bill address concerns expressed last year by lawmakers in opposition, Dorman said.

State Sen. Kyle Loveless, who will carry the legislation in the Senate, said that parents who entrust their kids to public schools expect their children to be in a safe environment.

“At the legislature, not only are we responsible for providing our students with the highest quality of education, but we must also look out for their safety while at school,” said Loveless, R-Oklahoma City. “This bill will help ensure that those working with and around our students are not criminals or people who would put our youth’s safety in danger. I’m hopeful that this bill makes its way through the legislative process quickly so schools can start instituting this important safety measure.”

OSBI provided information showing individuals have applied for employment at schools in previous years by providing falsified identities in order to seek a job. Those applying for jobs must submit to this type of background check, but schools are not currently allowed to apply this type of background check to volunteers due to federal prohibitions requiring authorization by the state. Oklahoma law does not provide this option, but House Bill 2228 corrects that, Dorman said.

“House Bill 2228, nicknamed the Protect Against Pedophiles Act, is not a mandate, but voluntary,” Dorman said. “The use of this type of background check will be up to the discretion of the local school administration and costs associated with the background check will be assumed by the school district if they decide there is a need to do background checks of this nature.”

Thursday, Feb. 28 is the final day for committee approval of House bills.

Nelson, Dorman Team Up, Study Administrative Law Judges

OKLAHOMA CITY – Average Oklahomans come into contact with administrative laws frequently, former administrative law judge Gary Payne told lawmakers today.

Administrative law is created by state agencies when lawmakers enact legislation that authorize agencies to create rules. Administrative law judges interpret these laws and try cases affecting everything from professional licenses to corporate regulations when a state agency takes action against those they license or regulate.

In Oklahoma, administrative law judges are often imbedded in or contracted with by the state agencies, creating an inherent conflict of interest, according to state Reps. Jason Nelson and Joe Dorman, who jointly requested the study.

“An administrative law judge can certainly act impartially even while imbedded in a state agency,” said Dorman, D-Rush Springs. “But how does a citizen feel when they are before the ‘DHS judge’ in appealing a DHS decision? How does a business feel when they are arguing with a licensing or regulatory authority and are dealing with the agency’s administrative law judge? I think we need to find a way to address this inherent conflict of interest.”

Judge Gary Payne speaking at a legislative study on
Administrative Law Judges at the Capitol today 

Nelson said imbedded administrative law judges create circumstances where agencies serve as the “prosecutor, judge and jury.”

“I have personally witnessed several blatant instances of a bias in favor of the agencies where the citizens paid the price,” said Nelson, R-Oklahoma City. “Citizens deserve and have a constitutional right to an impartial process before an impartial administrative law judge when their ability to make a living is on the line.”

“This bias benefits many state agencies because they assess fines and penalties that are used help fund the agency.”

Lydia Lee, an administrative law judge for the Oklahoma Merit Commission and the Oklahoma Department of Labor, said agencies cannot all be treated in the same manner. She also said that she is aware of cases in which citizens were not properly served.

Lee and Kay Floyd, another administrative law judge, said the Oklahoma Merit Commission is an excellent example of an appropriate process.

Five sets of procedural rules govern administrative law judges, Floyd said. She also noted that licensed administrative law judges are observed by colleagues, who can turn in complaints to them to the Oklahoma Bar Association or Council of Judicial Complaints if actions are inappropriate.

Hearing officers are not licensed and have less oversight of their actions, she said.

Tony Mastin, executive director of the Oklahoma Tax Commission, said he does not believe moving around the location of administrative law judges and hearing officers will improve the perception of impartiality or increase impartiality.

Nelson and Dorman co-authored a bill to address administrative law judges in the 2012 legislative session that failed to make it through the process. They plan to file a new bill for the 2013 legislative session, Dorman said.