Flagstaffsooner
9/21/2006, 11:04 AM
OSU regents' legality challenged
By John Estus
The Oklahoman
Board members' status as farmers is in question.
A judge is being asked to declare Oklahoma State University's board of regents unconstitutional because not enough of its members are farmers.
An affirmative decision by the judge would invalidate decisions made by the board to acquire land for OSU's athletic village, a counter lawsuit filed by a resisting landowner states.
The Oklahoma Constitution and a statute require five of the eight appointed regents to be farmers.
Although the Oklahoma Senate lists five regents as farmers, biographical information on file at the Senate identifies the same regents as a pharmacist, attorney, veterinarian and two business owners. The state statute defines farmers as people "actively engaged in farming and/or livestock growing as their principal business or occupation in earning a livelihood."
In a 2001 opinion, Attorney General Drew Edmondson wrote the law clearly states what constitutes a farmer, his spokeswoman Emily Lang said.
"It will be up to the involved parties and eventually a court to determine if the regents meet those requirements," Lang said.
The opinion, a response to a question submitted by former Sen. Robert Kerr, stated the governor and Senate "are jointly responsible for ensuring that a majority of the Board members are farmers."
Regents are nominated by the governor and approved by the Senate. Nominees submit biographical information forms to the committee.
On the Senate forms, only regent Joe Hall lists farming or livestock operations as employment. Hall lists his employment as "cattle and land operations" in addition to owning a contracting business.
The board began eminent domain proceedings last month to seize the only property it has yet to obtain for the athletic village. The property owner, McCloskey Brothers Inc., argues the board doesn't have the authority to use eminent domain because none of the appointed OSU regents meet the statute's definition of farmer.
The firm's attorney, Harlan Hentges, said a public body must strictly comply with state laws if it intends to use eminent domain.
The board identified itself as a "constitutional" public body in the initial court filing and said its use of eminent domain is essential to the university's present and future operations.
"Most of (the regents) are pretty high-profile people, and it's pretty clear that they don't comply with the statutory definition of a farmer," Hentges said.
Senate records list Hall, Calvin Anthony, Douglas Burns, Claud Evans and Fred Harlan as farmers.
"We believe the issue raised by the landowner is extraneous and irrelevant to the eminent domain case," the regents' office said in an e-mailed statement Wednesday.
"The regents are involved in a number of interests including agriculture, which help them in their service to the institutions."
None of the eight appointed regents returned calls Wednesday from The Oklahoman.
Status debated
Concerns about the farmer requirement recently were raised during a confirmation hearing for a regent.
Senators on the education committee asked questions about whether Anthony was a farmer when he was appointed in March. The committee voted 11-10 for him.
Anthony, a pharmacist, owns a Stillwater drugstore. However, he also owns about 1,000 acres of land, regents spokesman Brent Gooden said.
Anthony identified himself as a pharmacist on his biographical form and did not mention farming activities.
Sen. Ron Justice, R-Chickasha, voted against Anthony's appointment because he said being asked to go against the state constitution troubled him.
"That's the only reason I voted the way I did," Justice said. "I had no question about the individual himself."
Education committee Chairman Sen. Susan Paddack, D-Ada, said the confirmation process is thorough, but remembers "considerable debate" about whether Anthony was a farmer.
"If you are a rancher and you own land, a considerable amount of your income could be tied up in that," Paddack said. "The legal minds obviously will debate that issue. I'm not an attorney."
Anthony co-authored a bill in 1993 when he was a state representative that sought to make the farmer requirements less stringent. The bill passed in the Senate but failed in the House.
The intention of the farmer requirement is to emphasize OSU's commitment to agriculture and engineering, OSU political science professor Jim Davis said.
"Agriculture at this university is tremendously powerful," Davis said. "But if Oklahoma State is supposed to be a comprehensive university in today's world, it may be that the days of rural dominance, politically, should be moved past."
Davis said having people such as attorneys and businessmen on the board in place of farmers does not compromise OSU's commitment to agriculture. Most of the money OSU has spent to acquire the land came from oilman Boone Pickens' $165 million donation. The athletic village will include new soccer and track fields as well as indoor and outdoor practice fields for other athletic teams. It is expected to cost about $90 million.
http://www.rissystreasures.com/heehaw/jralbum.jpg
By John Estus
The Oklahoman
Board members' status as farmers is in question.
A judge is being asked to declare Oklahoma State University's board of regents unconstitutional because not enough of its members are farmers.
An affirmative decision by the judge would invalidate decisions made by the board to acquire land for OSU's athletic village, a counter lawsuit filed by a resisting landowner states.
The Oklahoma Constitution and a statute require five of the eight appointed regents to be farmers.
Although the Oklahoma Senate lists five regents as farmers, biographical information on file at the Senate identifies the same regents as a pharmacist, attorney, veterinarian and two business owners. The state statute defines farmers as people "actively engaged in farming and/or livestock growing as their principal business or occupation in earning a livelihood."
In a 2001 opinion, Attorney General Drew Edmondson wrote the law clearly states what constitutes a farmer, his spokeswoman Emily Lang said.
"It will be up to the involved parties and eventually a court to determine if the regents meet those requirements," Lang said.
The opinion, a response to a question submitted by former Sen. Robert Kerr, stated the governor and Senate "are jointly responsible for ensuring that a majority of the Board members are farmers."
Regents are nominated by the governor and approved by the Senate. Nominees submit biographical information forms to the committee.
On the Senate forms, only regent Joe Hall lists farming or livestock operations as employment. Hall lists his employment as "cattle and land operations" in addition to owning a contracting business.
The board began eminent domain proceedings last month to seize the only property it has yet to obtain for the athletic village. The property owner, McCloskey Brothers Inc., argues the board doesn't have the authority to use eminent domain because none of the appointed OSU regents meet the statute's definition of farmer.
The firm's attorney, Harlan Hentges, said a public body must strictly comply with state laws if it intends to use eminent domain.
The board identified itself as a "constitutional" public body in the initial court filing and said its use of eminent domain is essential to the university's present and future operations.
"Most of (the regents) are pretty high-profile people, and it's pretty clear that they don't comply with the statutory definition of a farmer," Hentges said.
Senate records list Hall, Calvin Anthony, Douglas Burns, Claud Evans and Fred Harlan as farmers.
"We believe the issue raised by the landowner is extraneous and irrelevant to the eminent domain case," the regents' office said in an e-mailed statement Wednesday.
"The regents are involved in a number of interests including agriculture, which help them in their service to the institutions."
None of the eight appointed regents returned calls Wednesday from The Oklahoman.
Status debated
Concerns about the farmer requirement recently were raised during a confirmation hearing for a regent.
Senators on the education committee asked questions about whether Anthony was a farmer when he was appointed in March. The committee voted 11-10 for him.
Anthony, a pharmacist, owns a Stillwater drugstore. However, he also owns about 1,000 acres of land, regents spokesman Brent Gooden said.
Anthony identified himself as a pharmacist on his biographical form and did not mention farming activities.
Sen. Ron Justice, R-Chickasha, voted against Anthony's appointment because he said being asked to go against the state constitution troubled him.
"That's the only reason I voted the way I did," Justice said. "I had no question about the individual himself."
Education committee Chairman Sen. Susan Paddack, D-Ada, said the confirmation process is thorough, but remembers "considerable debate" about whether Anthony was a farmer.
"If you are a rancher and you own land, a considerable amount of your income could be tied up in that," Paddack said. "The legal minds obviously will debate that issue. I'm not an attorney."
Anthony co-authored a bill in 1993 when he was a state representative that sought to make the farmer requirements less stringent. The bill passed in the Senate but failed in the House.
The intention of the farmer requirement is to emphasize OSU's commitment to agriculture and engineering, OSU political science professor Jim Davis said.
"Agriculture at this university is tremendously powerful," Davis said. "But if Oklahoma State is supposed to be a comprehensive university in today's world, it may be that the days of rural dominance, politically, should be moved past."
Davis said having people such as attorneys and businessmen on the board in place of farmers does not compromise OSU's commitment to agriculture. Most of the money OSU has spent to acquire the land came from oilman Boone Pickens' $165 million donation. The athletic village will include new soccer and track fields as well as indoor and outdoor practice fields for other athletic teams. It is expected to cost about $90 million.
http://www.rissystreasures.com/heehaw/jralbum.jpg