First DHS Joint Citizens Advisory Panel Meeting Scheduled Today

OKLAHOMA CITY --The Oklahoma Department of Human Services (DHS) Joint Citizens Advisory Panel will hold its first meeting Wednesday, August 14, at the Credit Union House, 631 East Hill Street in Oklahoma City, beginning at 10 a.m.

House Bill 3137 from 2012 established four citizen advisory panels in the areas of administration, aging issues, children and family issues, and disability issues.

They will serve to provide advice, information, findings and analysis to the Director regarding policies and practices of DHS and their impact on outcomes. The panels will study and make recommendations to the Director regarding the management and operation of DHS, and will also offer recommendations for the implementation of the Pinnacle Plan.

Each advisory panel will meet at least four times a year; the entire Joint Citizens Advisory Panel will meet at least once a year.

The Human Services Commission for the DHS was abolished by the voters of Oklahoma on Nov. 6, 2012 with the passage of State Question State Question 765.

Previously, the Commission had oversight of DHS, but the passage of SQ 765 means that the Director of DHS makes all decisions for the agency and reports directly to the Governor.

The four citizen advisory panels will report to the Director and provide advice and recommendations on Administration issues, Aging issues, Children and Family issues, and Disability issues. Each advisory panel has five members, with one member on each panel appointed by the Governor, the Speaker of the House, the Senate Pro Tempore, the Minority House Leader and the Minority Senate Leader.

Agenda:

DEPARTMENT OF HUMAN SERVICES
JOINT CITIZENS ADVISORY PANEL MEETING
Aug. 14, 2013 10 a.m.
CREDIT UNION HOUSE
631 EAST HILL STREET
OKLAHOMA CITY, OKLAHOMA

AGENDA
Call to Order and Roll Call

Welcome and Opening Comments – Ed Lake, Director

10:15 a.m. Legislative Intent of House Bill 3137 –Senator Greg Treat and Representative Jason Nelson

10:30 a.m. Co-Neutrals –Eileen Crummy, Kathleen Noonan, and Kevin Ryan

10:45 a.m. Open Meeting Act and Open Records Act – Jan Preslar, Attorney General’s Office

11:15 a.m. Finance and Administrative Services –Melissa Lange, Finance Division

11:45 a.m. - Lunch

12:15 p.m. Media Relations – Sheree Powell, Director, Communications and Community Relations

12:30 p.m. Services under the oversight and direction of Chief of Staff:
12:30 Diane Haser-Bennett, Director, Human Resource Management
12:40 Connie Schlittler, Director, Planning/Research/Statistics
12:50 Samantha Galloway, Coordinator, Intergovernmental Relations/Policy

1:00 p.m. Legal Services – Richard Freeman, Legal Services Division

1:15 p.m. Community Living and Support Services - Mark Jones, Chief Coordinating Officer, Community Living and Support Services

1:45 p.m. Adult and Family Services – Jim Struby, Director, Adult and Family Services

2:15 p.m. Child Welfare and the Oklahoma Pinnacle Plan – Deborah Smith, Director, Child Welfare Services

Adjournment

Go to http://www.okdhs.org/divisionsoffices/panel/default.htm for additional information and a complete list of scheduled meetings.

Voters May be Asked to Further Limit State Spending

OKLAHOMA CITY – State Rep. Elise Hall is concerned that without a more appropriate spending limitation, Oklahoma’s public sector could grow too fast in “boom” years.

House Joint Resolution 1011 would ask voters to approve a constitutional limit on appropriations that would lower the current limit of a 12 percent increase on the previous year’s appropriations when adjusted for inflation.

The legislation has been approved 14-9 by the House Appropriations and Budget Committee.

“When lawmakers make large appropriations in revenue growth years, this leads to drastic cuts in revenue shortfall years, as we’ve witnessed firsthand in the last few years,” Hall, R-Oklahoma City, said. “I think the current spending limitation that restricts the annual growth of the state budget to 12 percent should be lowered to 7 percent to further restrict public sector growth.”

State government growth has regularly exceeded private sector growth in Oklahoma since voters approved a 1985 spending limitation, according to Oklahoma Council of Public Affairs fiscal analyst Jonathan Small. State employment grew by 8.57 percent from 2000 to 2010 while private sector employment grew by only 6.07 percent. Government expenditures have grown 72.20 percent from 2001 to 2010 while private earnings have grown by only 40.71 percent.

“Oklahomans overwhelmingly support the idea of shrinking state government, so I think it is especially appropriate to limit growth,” Hall said. “It is better to save surplus revenue for shortfall periods than to overcommit the state to expenditures that it cannot sustain.”

SQ 765 necessary to rebuild Oklahoma’s broken Department of Human Services

Supporters say the welfare of Oklahoma’s children need a voice

OKLAHOMA – Passage of State Question 765 is a major component of Oklahoma’s effort to rebuild and improve the state’s broken Department of Human Services (DHS). The welfare of Oklahoma’s children, families, aging and disabled need a voice, supporters and authors of the ballot measure said Friday at a news conference at the Oklahoma State Capitol.

“Currently, the Department of Human Services is largely governed by a volunteer board which, however well-intentioned, does not answer to voters,” said Governor Mary Fallin. “The passage of SQ 765 will put authority for appointing an agency director in the hands of the governor, who was chosen to represent the people of Oklahoma and whose job it is to be responsive to their concerns. I am supportive of SQ 765 because it offers the governor more flexibility to pursue the reforms and improvements needed to keep Oklahoma children safe and to deliver higher quality services.”

See also: DHS will be improved, not abolished by SQ765

See also: Vote YES on SQ765 for Real DHS Reform

Under the watch of the DHS nine-member board, the Oklahoma Commission of Human Services, numerous child deaths, lawsuits and the resignation earlier this year of the DHS chairman have occurred.

Five-year-old Serenity Deal died while in the custody of the state in 2011, after repeated concerns were expressed by her foster parents about the danger she was in. DHS employees testified as to the safety of her father’s home, despite proof of repeated physical injuries.

Linda Terrell

“The Oklahoma Institute for Child Advocacy fought hard last session to bring bold reforms to the broken child welfare system through the Serenity Project,” said Linda Terrell, OICA executive director. “The next crucial step is for voters to say yes to SQ 765 to abolish an antiquated oversight commission to bring greater accountability and ensure the safety of our most vulnerable Oklahomans.”

“The death of any child is tragic, but when a child dies because a government bureaucracy failed them is simply unacceptable,” said Annette Deal, grandmother of Serenity Deal. “Voting yes on State Question 765 means we are doing everything in our power to ensure no family has to endure the pain of losing a child the way our family lost Serenity.”

Under the watch of the DHS commission, DHS recently paid $9,500 to settle a lawsuit filed after a temporary DHS worker picked up the wrong girl from a Harrah elementary school in 2006. Additionally, the agency is involved in a lawsuit with a New York-based child advocacy group, Children’s Rights, that alleges Oklahoma’s system of caring for abused and neglected children is so bad that children are being injured and otherwise harmed while in shelters and foster homes. Earlier this year, the state of Oklahoma paid $300,000 to settle a lawsuit filed by a mother who hid her young girl after DHS workers allegedly rejected concerns the girl had been molested.

“The agency’s governance structure is broken. It’s a 1930s governance model that fails to meet the needs of a complex 21st century agency,” said Rep. Jason Nelson, R-Oklahoma City and leader of the House DHS Working Group. “Nearly all the agency’s major problems can be traced back to an unaccountable commission and the historical tendency to insulate the director from any real accountability. If DHS is really going to improve, it must start at the top.”

In 2009, 3-year-old Ryan Weeks was beaten to death after being placed back in his mother’s custody from foster care despite pleading with the agency not to return the boy to the home. The mother’s live-in boyfriend eventually pleaded no contest to first-degree murder.

“Weeks spent his entire life in a home plagued by drug abuse and domestic violence,” said Steven Dow, executive director of the Community Action Project of Tulsa County and former DHS commissioner. “Children like him need the support and encouragement of a child welfare system that works and acts as a savior.”

DHS Commission meeting earlier this year

Three former or current Oklahoma Commissioners of Human Services, including Dow, are in favor of SQ 765 and getting rid of the commission altogether. The additional members include, Anne Roberts and former chairman Brad Yarbrough, who is a current commissioner.

Voter approval of the measure would end Oklahoma’s distinction as the only state where the director reports to an unelected commission rather than a governor whose elected position makes them directly accountable to the people ofOklahoma.

If the state question passes, HB 3137, passed in the legislature earlier this year, would require the DHS director to be appointed by the governor and confirmed by the Senate. Currently, the director is hired by the Commission for Human Services.

“It puts the agency’s leadership closer to the people because the governor is accountable to all the people of Oklahoma,” Nelson said. “The pressure will be on the agency director to do what is right or they’ll have to answer to all the people ofOklahoma rather than an unelected, unaccountable commission. This agency is too important to leave it in the hands of people who don’t directly answer to the public.”

HB 3137 would also establish advisory panels that would monitor each of the agency’s divisions to help agency leadership make informed decisions. The legislation was developed and supported collectively by a bipartisan group of legislatures comprised of House Speaker Kris Steele, R-Shawnee; Reps. Wade Rousselot, D-Okay; Jason Nelson, R-Oklahoma City; Pat Ownbey, R-Ardmore; Pam Peterson, R-Tulsa; and Sens. Greg Treat, R-Oklahoma City and Rick Brinkley, R-Owasso.

“The state question would not only abolish the commission but also a bad statute that goes back to 1936, Dow said. “Nothing has happened or can happen to improve the system because of the laws that are currently in effect. It’s time to change our system and SQ 765 is the first step.”

“A vote for SQ765 is a vote to fix DHS,” said Sen. Greg Treat, R-Oklahoma City. “It is a vote to bring greater oversight and accountability that is desperately needed.”

Supporters of SQ 765 to gather for news conference

See press release from this press conference

FOR IMMEDIATE RELEASE

Nov. 1, 2012

Supporters of SQ 765 to gather for news conference on importance of rebuilding Oklahoma’s Department of Human Services

OKLAHOMA CITY– Authors and supporters of legislation that led to State Question 765 will gather at 10 a.m. Friday, Nov. 2 in the Blue Room at the Oklahoma State Capitol, 2300 N. Lincoln Blvd., to voice their support to help Oklahoma rebuild and improve the state’s broken Department of Human Services. 

WHO: 
Rep. Jason Nelson, R-Oklahoma City

Linda Terrell, executive director of the Oklahoma Institute for Child Advocacy 

WHAT: 
Conference in support of State Question 765 to rebuild and improve the Oklahoma Department of Human Services

WHEN: 
10 a.m., Friday, Nov. 2

WHERE: 
4th Floor Broadcast Room at the Oklahoma State Capitol, 2300 N. Lincoln Blvd.

###

Commentary: DHS will be improved, not abolished by SQ765

Oklahoma Capitol - A recent letter from Senior Assistant Attorney General Sandra Rinehard helps clarify what will happen if State Question 765 is approved by voters next week.

Rinehart wrote in an October 19, letter, "The ballot title informed the voters of the repeal of the constitutional provisions and informed the voters of the added powers of the Legislature to enact laws to create a department or departments to administer and carry out the duties of the Department of Human Services." 

SQ765 simply removes provisions of our state Constitution added in 1936 that required the creation of a Department of Public Welfare. DHS will not be abolished. 

Rinehart says, "We recognize that, in anticipation of the passage of the constitutional proposal, the Legislature enacted HB 3137. That legislation, among other provisions, creates four Citizen Advisory Panels to evaluate programs and develop recommendations and gives the Governor appointment power."

House Bill 3137 only goes into effect if voters approve SQ765.

House Bill 3137 says, “The Governor shall have the power and duty to select a Director of Human Services who shall serve as executive and administrative officer of the Department of Human Services. The Director shall be appointed wholly on the basis of ability, training and experience qualifying him or her for public welfare administration. The Director shall serve, subject to the confirmation of the Senate, at the pleasure of the Governor.”

Currently the unelected, unaccountable DHS Commission selects the Director of the agency. 

House Bill 3137 also creates “four Department of Human Services Citizens Advisory Panels to evaluate core program and administrative areas of the Department and to develop recommendations to improve the programs and administration of the Department.  These Panels are for Children and Family Issues, Aging Issues, Disability Issues and Administration.  Each Panel shall be composed of five (5) members.  Each appointee shall demonstrate an interest or expertise in the area of responsibility of the Panel to which the member is appointed.”

The current system doesn't work. SQ765 and HB 3137 make DHS accountable to the public and will give the Governor and Legislature the tools they need to reform DHS. Oklahoma is the only state to have a dysfunctional commission system running their human services agency. Let's abolish the Constitutional Commission and bring real reform to DHS. 

Vote YES on SQ765 on November 6!

Commentary: Vote YES on SQ765 for Real DHS Reform

Vote YES on SQ765 if:

• You DON'T like what you've been learning about DHS the last several years, 
• You DO want to see long term improvements in DHS operations, 
• You DO want to see increased accountability at DHS, 
• You DON'T think nine unelected officials should have complete constitutional authority over the state's largest agency, 
• You DO think the agency should answer to the public through elected representatives, and 
• You DO want to give the Governor and the Legislature the tools they need to fix problems facing the agency.

Remember, it was the Commission that refused to review child death cases like Serenity Deal until recently. Under Commission leadership three federal class action lawsuits have been filed against the agency. What could the Governor or the Legislature do? Nothing. The commission is isolated from public accountability by the Constitution. 

The Constitution says:

1. DHS is to be "under the control of a commission," not the legislature, not the governor and not even the Director. Sole authority over DHS is given to the commission.
2. The Commission is 'composed of nine members appointed by the Governor." The governor selects a commissioner to serve as chairman of the commission. Commissioners serve staggered nine year terms. 
3. It is the "duty of the Commission to select a Director."
4. The Commission shall formulate the policies, rules and regulations for the administration of the Department. 
5. All executive and administrative duties and responsibilities carried out by the Director are "Subject to the approval of the Commission."
6. Hiring personnel, setting standards, qualifications, examinations and salary schedules for employees are all "subject to the control of the Commission."
7. "No member of said Commission shall be subject to removal by the Governor."

The current system doesn't work. Oklahoma is the only state to have a dysfunctional system like this. Let's abolish the Constitutional Commission and bring real reform to DHS. 

Vote YES on SQ765 on November 6!

Steele, Brecheen in support of Pardon, Parole SQ762

OKLAHOMA CITY – Passage of State Question 762 is a major component of Oklahoma’s effort to build a more efficient government with a stronger criminal justice system, the authors of the ballot measure said Wednesday.

SQ 762 would remove the governor from the parole process for nonviolent offenders so that the governor can focus solely on parole matters for violent crimes. Voter approval of the measure would end Oklahoma’s distinction as the only state requiring gubernatorial review of all nonviolent paroles.

House Bill 2131, signed by Gov. Mary Fallin in May 2011, contained a provision removing the governor from the parole process for nonviolent offenders. A subsequent attorney general’s opinion determined a state question would be necessary in order to make that reform, leading to the placement of State Question 762 on this year’s ballot via Senate Joint Resolution 25.

See: Fallin Concerned About Effect of Passage of Pardon, Parole SQ762

SJR 25, authored by Sen. Josh Brecheen, R-Coalgate, and House Speaker Kris Steele, R-Shawnee, won overwhelming bipartisan support during the 2012 legislative session, passing the Senate 39-1 and the House 86-8. It received more yes votes than the other five resolutions the Legislature approved for placement as state questions on this year’s ballot, making it the most heavily-supported ballot measure of the 53rd Legislature.

Via the campaign Citizens for a Safer Oklahoma, Steele and Brecheen today issued the following statements in response to the governor’s recently-announced opposition to SQ 762:

“This was good policy when the governor signed it into law last year, and it remains so today. All the facts show that a vote for SQ 762 creates a stronger, more effective criminal justice system. No other state requires the governor to review every nonviolent parole because no evidence exists that doing so actually increases public safety. Voters can confidently support this state question knowing that it is a nationally-accepted best practice that can serve as a foundation for further improvements to the parole process. I believe the parole board concerns recently raised by District Attorney Prater are being addressed, and that we should not let that situation prevent this good policy from taking effect.” 

– House Speaker Kris Steele, R-Shawnee

“Approving this state question is consistent with our shared desire to improve public safety and create a more effective, efficient government. Focusing the governor’s parole responsibilities solely on violent offenders will save tens of millions of dollars currently lost to nonviolent parole delays that can instead be used for initiatives that truly reduce and prevent crime. Parole board members will still have every offender’s entire criminal history provided to them under this reform, just as they do today. They have ample facts before them to make their decisions, just as voters have ample facts before them showing that this is a proven, smart on crime, fiscally conservative reform that deserves support.” 

– Sen. Josh Brecheen, R-Coalgate

Fallin Concerned About Effect of Passage of Pardon, Parole SQ762

Statement from Governor Fallin regarding SQ 762 issued today:

"As governor, I have been entrusted by the citizens of Oklahoma to serve as a safeguard in the pardon and parole process. I remain supportive of the general concept of removing the governor from the pardon and parole process in order to streamline the procedure for criminals with no history of violence. However, recent events have led me to believe now is not the right time for the governor’s office to be removed from its oversight role of the Pardon and Parole Board.

"It appears State Question 762 would define non-violent offenders only by their current offense and would not mandate the consideration of past violent behavior.  Since taking office, I have denied parole for 437 offenders, who would be considered ‘non-violent’ under the terms of State Question 762, keeping them off our streets and out of our communities.

"In the interest of public safety and the well being of Oklahoma, the governor’s office should continue to provide this oversight until additional reforms and changes can be made at the Pardon and Parole Board. Therefore, I do not support State Question 762. My office will continue to work with the Pardon and Parole Board, the legislature and the legal and law enforcement communities to pursue reforms that will deliver efficiencies while protecting public safety."

– Gov. Mary Fallin

See: Steele, Brecheen in support of Pardon, Parole SQ762