Oklahoma Attorney attacks Contingency Review Bd. procedure

By Tim Talley Associated Press OKLAHOMA CITY (AP) -- An attorney attacked Oklahoma's Contingency Review Board Wednesday, arguing before a Supreme Court referee that the three-member panel that last month agreed to settle a federal class-action lawsuit against the Department of Human Services is unconstitutional. Oklahoma City attorney Jerry Fent also alleged that the board comprised of Gov. Mary Fallin, House Speaker Kris Steele and Senate Pro Tem Brian Bingman violated the state's Open Meetings Law when it met behind closed doors to discuss the proposed settlement. "We have two major violations," Fent told referee Gregory Albert. "Bottom line -- major errors, unconstitutionality." Assistant Attorney General Nancy Zerr rebuffed Fent's claims, arguing that the board met legally in executive session to discuss the legal settlement and that its makeup of members of the executive and legislative branches of state government does not violate the Constitution's separation of powers provisions, as Fent claims. Fent told Albert he was not asking the state's highest court to disallow the settlement agreement, just the procedure used by the board to approve it. U.S. District Judge Gregory Frizzell signed an order Monday providing preliminary approval of the settlement. Albert said he will deliver a report to the Supreme Court on Monday recommending whether it should take up Fent's allegations. Fent filed a lawsuit early this month that challenged the Contingency Review Board and a meeting it conducted on Dec. 28 and Dec. 29. The meeting involved the proposed settlement of a federal lawsuit filed in Tulsa in 2008 by Children's Rights that accused DHS of victimizing foster children and inadequately monitoring their safety. The board is required to approve legal settlements in excess of $250,000 when the Legislature is not in session. On Dec. 28, the board met behind closed doors with other lawmakers and state officials for almost three hours before recessing. The board returned to closed session the next day and suggested revisions to the proposed settlement, changes that were eventually accepted by Children's Rights and the commission. Published: Fri, Jan 27, 2012