; CJ-201L- SABE’ mvoeaaynye arson IN THE DISTRICT COURT OF OKLAHOMA COUN#P IN DISTRICT COURT STATE OF OKLAHOMA OKLAHOMA COUNTY NOV ~4 2022 GREG JAMES, a resident taxpayer of the RICK WARREN State of Oklahoma, and others similarly situated, fa COURT CLERK Plaintiff, v, KEVIN STITT, in his official capacity as Governor) 54 36 { of the State of Oklahoma with “Supreme Executive Authority,” granted by Art. 6, § 2 of the Oklahoma Constitution, and JOHN M. 0’CONNOR, in his official capacity as Attorney General of Oklahoma, and the “chief law officer” of Oklahoma, Defendants. PETIT COMES NOW the Plaintiff, a disabled veteran and resident taxpayer of Oklahoma County, Oklahoma, and alleges and states, Pro Se: SCOPE OF THE CASE Governor Stitt is responsible for a massive pattem of corruption and secret dealings in the executive branch of state government that has resulted in misuse and misappropriation of taxpayer funds and abuse of the power of his office. Under the direction of the Governor, who wields the supreme executive power of the state, state officials have ignored laws and regulations of state agencies and have operated in secrecy in the dead of night to hide conflicts of interest, abuse of power exercised beyond statutory or constitutional authority, misused funds from the State Treasury, and violated their constitutional duty to uphold and defend the Oklahoma Constitution. Governor Stitt is guilty of dereliction of duty and failure to exercise that duty as a reasonable person would under the circumstances that surround an action.In addi nn, Governor Stiff has acted in complete disregard of the spirit of transparency in dealing with taxpayer funds and has pushed his political agenda by hiding the source of donations to his campaigns and projects. Governor Stitt has created an atmosphere in which his appointees and their agencies have uniformly denied requests for documents and records under the Open Records Act. Such attempts to skirt the law and do the business of the state in secrecy are a slap in the face of taxpayers who have entrusted the operation of the executive branch of state government to Governor Stitt. STANDING ‘A taxpayer possesses standing to seek equitable relief when alleging that a violation of a statute will result in an illegal expenditure of public funds. Oklahoma Pub. Employees Ass'n v. Oklahoma Dept. of Central Services, 2002 OK 71, $5 P.3d 1072; ‘The Supreme Court of Oklahoma has long recognized the right of a taxpayer to challenge illegal taxation or expenditure of public funds. The unlawful appropriation or expenditure of public funds is deemed to be an invasion of the taxpayer's legal rights. A taxpayer also has a vital interest in (a) the unimpeded use of appropriated funds (b) by its destined recipient (c) for the purpose for which the fund was intended (d) without unlawful legislative interference. There is an injury to the public interest when the Legislature places unlawful barriers to a recipient agency's access to appropriated funds by interposing its own control over an appropriation bill beyond the point in time at which that bill passes outside the legitimate zone of legislative control. A taxpayer's challenge to the constitutionality of legislation affecting the use of public funds is a matter of public right. Fent v. Contingency Review Board, 2007 OK 27, 163 P.3d 512; Thompson v. Haskell, 1909 OK 140, 102 P. 700, 704; Airy v. Thompson, 1931 OK 770, 6 P.2d445, 447-448; Payne v. Jones, 1944 OK 86, 146 P.2d 113, 117; Brandon v. Ashworth, 1998 OK 20, 955 P.2d 233, 235; Quinn v. City of Tulsa, 1989 OK 112, 777 P.2d 1331, 1340. (Emphasis added) A resident taxpayer has an equitable ownership in funds in state treasury, and although no private interest, he may invoke the interposition of a court of equity to restrain the payment of money appropriated by the Legislature in violation of the Constitution. Vette v. Childers, 1924 OK 190, 228 P.145. CONSTITUTIONAL AND STATUTORY PROVISIONS THAT SUPPORT THE 36 ALLEGATIONS AGAINST THE GOVERNOR THAT FOLLOW Art. 6, § 2, Oklahoma Constitution rhe Supreme Executive power shall be vested in a Chief Magistrate, who shall be styled "The Governor of the State of Oklahoma.” (Emphasis added) Art. 5, § 55, Oklahoma Constitution: No money shall ever be paid out of the treasury of this State, nor any of its funds, nor any of the funds under its management, except in pursuance of an appropriation by taw...Emphasis added) Art. 10, § 30, Oklahoma Constitution: The Legislature shall require all money collected by taxation, or by fees, ‘fines, and public charges of every kind, to be accounted for by a system of accounting that shall be uniform for each class of accounts, State and local, which shall be prescribed and audited by authority of the State, (Emphasis added) A constitutional provision must be construed considering its purpose and given a practical interpretation so that the manifest purpose of the framers and the people who adopted it may be carried out. Austin, Nichols & Company, 1978 OK 65, $78 P.2d 1200. (Emphasis added)Money in the state treasury can only be appropriated and used for public Purposes, and in order 10 constitute a public purpose within the meaning of this constitutional provision, such purpose must not only be affected with a public interest, but must be performed by the state in the exercise of its governmental ‘functions, and public funds cannot be used to assist individuals in a business which is affected with a public interest, as the Constitution neither authorizes nor contemplates the exercise of governmental functions by any person, association, or corporation, except the duly constituted officers of the state, Vette v. Childers, 1924 OK 190, 228 P.145. (Emphasis added) 21 OS. 2011, § S81: Where any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful omission 10 perform such duty where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor. (Emphasis added) 21 OS. § 92: The term "willfully" when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage, (Emphasis added) 2108. §93 The terms "neglect," "negligence," "negligent" and "negligently," when so employed, import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns, (Emphasis added)Fourteenth Amendment, U.S. Constitution: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any ‘person within its jurisdiction the equal protection of the laws. (Emphasis added) Public policy is contravened when a public official places himself in a position which is inconsistent with his public function or which interferes with his unbiased performance of his duties or has a tendency to induce him to violate such duty. U.S. v. Miss. Valley Generating Co., 364 U.S. $20 (1961) (Emphasis added) 62 OS. § 372: Every officer of the state and of any county, city, town or school district, who shall hereafier order or direct the payment of any money or transfer of any property belonging to the state or 10 such county, city, town or school district, in settlement of any claim or in pursuance of any unauthorized, unlawful or fraudulent contract or agreement made, for the state or any such county, city, town or school district, by any officer thereof, known to such officer to be fraudulent or void, and every person, having notice of the facts, with whom such unauthorized, unlawful or fraudulent contract shall have been made, or to whom, or for whose benefit such money shall be paid or such transfer of property shall be made, shall be jointly and severally liable to the state, county, city, town or school district affected, for triple the amount of all such sums of money so paid, or triple the value of property so transferred, as a penalty, 10 be recovered at the ‘suit of the proper officers of the state or such county, city, town or school district, or of any resident taxpayer thereof, pursuant to Section 373 of this title; provided, however, no action for personal liability shall lie against any such officer for a transaction approved in good-faith reliance on advice of legal counsel for the public entity authorizing the transaction or which has been submitted to a court of competent jurisdiction for determination of legality. (Emphasis added) 6208. § 373 Upon the refusal, failure, or neglect of the proper officers of the state or of any county, city, town, or school district, afier written demand signed, verified and served upon them by a number of registered voters of the state or such county, city, town, or school district equal to one hundred (100), or two and one- half percent (2 1/2%) of the registered voters living within the state or suchcounty, city, town or school district, whichever is less, to institute or diligently prosecute proper proceedings at law or in equity for the recovery of any money or property belonging to the state, or such county, city, town, or school district, paid ‘out or transferred by any officer thereof in pursuance of any unauthorized, unlaveful, fraudulent, or void contract made, or attempted to be made, by any of its officers for the state or any such county, city, town, or school district, any resident taxpayer of the state or such county, city, town, or school district affected by such payment or transfer after serving the notice aforesaid and after giving security for cost, may in the name of the State of Oklahoma as plaintiff, institute and maintain any proper action which the proper officers of the state, county, city, town, or school district might institute and maintain for the recovery ‘of such property; and the state or such county, city, town or school district shall in such event be made defendant. If a court of competent jurisdiction determines the claims to be meritorious, the contract shall be deemed void and the money or property, if previously transferred, shall be returned to the state, county, city, town or school district. The state, county, city, town or school district shall be liable to the resident taxpayer or taxpayers for reasonable attorney fees and court costs incurred in the prosecution of the action. If all claims stated by the resident taxpayers in the written demand are determined in a court of competent jurisdiction to be frivolous, the resident taxpayers who signed such demand and who are parties to the lawsuit in which such claims are determined to be frivolous shall be jointly and severally liable for all reasonable attorney fees and court costs incurred by any public officer or officers or any other person alleged in such demand to have paid out, transferred, or received any money or property belonging to the state, or such county, city, town or school district in pursuance of any alleged unauthorized, unlawful, fraudulent, or void claim paid or contract or conveyance made, or attempted to be made, by such officer or officers. (Emphasis added) TAOS. § 10.3 A. Within forty-five (45) days of assuming office, each Governor may create a cabinet system for the executive branch of state government. The cabinet system may be an organizational framework created by executive order which includes all executive agencies, boards, commissions, or institutions and their assignments to specific cabinet areas. The cabinet system shall consist of no more than fifteen cabinet areas and each cabinet area shall consist of executive agencies, boards, commissions, or institutions with similar programmatic or administrative objectives. One cabinet area shall consist of the Oklahoma Department of Veterans Affairs, its institutions and other executive agencies, boards, commissions and institutions which are related to veterans. The Governor's cabinet shall be in effect until the Legislature supersedes each specificcabinet area or department by providing by law for specific cabinet areas or departments, or removes by law the authority of the Governor to create a cabinet area. At any time during the Governor’s term of office, the cabinet may be ‘modified at the sole discretion of the Governor subject to Senate confirmation as provided by subsection B of this section. B. The Governor shall appoint, with the advice and consent of the Senate, a Secretary to head each cabinet area. The Secretary appointee for the cabinet area consisting of the Oklahoma Department of Veterans Affairs and other related veterans entities shall be an honorably discharged veteran and be eligible 10 receive benefits from the United States Department of Veterans Affairs. A cabinet Secretary may be appointed as a position funded by the Office of the Governor from funds available to that office, or appointed as a cabinet Secretary from among the agency heads within the cabinet area. The cabinet Secretaries shall: 1. Advise the Governor of any policy changes or problems within the area they represent; 2. Advise the entities represented of any policy changes or problems as directed by the Governor; and 3. Coordinate information gathering for the Legislature as requested. C. The cabinet Secretaries shall serve at the pleasure of the Governor, however, the appointment or removal of a cabinet Secretary who is also an ageney head shall not otherwise affect the status of the other duties of the agency head. Whenever a Secretary position becomes vacant, the Governor shall appoint a successor within thirty (30) calendar days pursuant to the provisions of subsection B of this section. If the Legislature is not in session at the time of appointment it shall be subject to the advice and consent of the Senate upon convening of the next regular session of the Legislature. Art. 29, § 3, Oklahoma Constitution: A. After public hearing, the Ethics Commission shall promulgate rules of ethical conduct for campaigns for elective state office and for campaigns for initiatives and referenda, including civil penalties for violation of these rules. B. After public hearing, the Ethics Commission shall promulgate rules of ethical conduct for state officers and employees, including civil penalties for violation of these rules. C. Newly promulgated rules shall be presented (0 each House of the Legislature and to the Governor on the second day of each session of the Legislature, If these rules are not disapproved by joint resolution, subject to veto by the Governor, during the same legislative session, they shall be effective. Inthe event the Governor vetoes a joint resolution disapproving any Ethics Commission's rules, the procedure shall be the same as for the veto of any other bill or joint resolution. Effective Ethics Commission rules shall be published in the official statutes of the State. D. Effective Ethics Commission rules may be repeated or modified by the Commission, and the repeal or modification shall be submitted to the Legislature and the Governor in the same manner as newly promulgated rules. Effective Ethics Commission rules may also be repealed or modified by law passed by a majority vote of each House of the Legislature. Ifthe Governor vetoes such a law, the procedure shall be the same as for the veto of any other Bill or joint resolution, (Emphasis added) 21 0S. § 187.1 A. No person may contribute more than: 1. The limits set forth in the Rules of the Ethics Commission to a political party committee or political action committee; 2. The limits set forth in the Rules of the Ethics Commission to a candidate committee for a candidate for state office: or 3. The limits set forth in the Rules of the Ethies Commission to a campaign committee for a candidate for municipal office or to a campaign committee for a candidate for county office or 10 a municipal or county political committee. B. No candidate, candidate committee, or other committee shall knowingly accept contributions in excess of the amounts provided herein. C. These restrictions shall not apply to a committee supporting or opposing a state question or local question or to a candidate making a contribution of his or her own funds to his or her own campaign. D. It shall be prohibited for a campaign contribution to be made to a particular candidate or committee through an intermediary or conduit for the purpose of. 1. Evading requirements of effective Rules of the Ethics Commission promulgated pursuant to Article XXIX of the Oklahoma Constitution or laws relating to the reporting of contributions and expenditures; or 2, Exceeding the contribution limitations imposed by subsection A of this section. Any person making a contribution in violation of this subsection or serving as an intermediary or conduit for such a contribution, upon conviction, shall be subject 10 the penalties prescribed in subsections E and F of this section. E, Any person who knowingly and willfully violates any provision of this section where the aggregate amount contributed exceeds the contribution limitation specified in subsection A of this section by Five Thousand Dollars(85,000.00) or more, upon conviction, shall be guilty of a felony punishable by a fine of up to four times the amount exceeding the contribution limitation or by imprisonment in the State Penitentiary for up to one (1) year, or by both such fine and imprisonment. F. Any person who knowingly and willfully violates any provision of this section where the aggregate amount contributed is less than Five Thousand Dollars ($3,000.00) in excess of the contribution limitation specified in subsection A of this section, upon conviction, shall be guilty of a misdemeanor punishable by 4 fine of not more than three times the amount exceeding the contribution limitation or One Thousand Dollars (81,000.00), whichever is greater, or by imprisonment in the county jail for up to one (1) year, or by both such fine and imprisonment, G. No lobbyist or lobbyist principal as defined in the Rules of the Ethies Commission shall make or promise to make a contribution to, or solicit or promise to solicit a contribution for a member of the Oklahoma Legislature or a candidate for a state legislative office during any regular legislative session, beginning the first Monday in February, through its adjournment, and for five (5) calendar days following sine die adjournment. A member of the Oklahoma Legislature or a candidate for a state legislative office shail not intentionally ssolicit or accept a contribution from a lobbyist or lobbyist principal as defined in the Rules of the Ethics Commission during any regular legislative session and for ‘five (5) calendar days afier sine die adjournment, For the purposes of this subsection, a candidate shall mean any person who has filed a statement of organization for a state legislative office pursuant to the Rules of the Ethics Commission. H. Any person who knowingly and willfully violates any provision of subsection G of this section, upon conviction, shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for up t0 one (1) year, or by both such fine and imprisonment. 210.8. § 421 A. If two or more persons conspire, either. 1. To commit any crime; or 2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; or 3, Falsely t0 move or maintain any suit, action or proceeding: or 4, To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat or to obtaining money or property by false pretenses; or,5. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws, they are guilty of a conspiracy. B. Except in cases where a different punishment is prescribed by law the punishment for conspiracy shall be a misdemeanor unless the conspiracy is to commit a felony. C. Conspiracy to commit a felony shall be a felony and is punishable by payment of a fine not exceeding Five Thousand Dollars (85,000.00), or by imprisonment in the State Penitentiary for a period not exceeding ten (10) years, or by both such ‘fine and imprisonment. 2108. §424 If two or more persons conspire either to commit any offense against the State of Oklahoma, any county, school district, municipality or subdivision thereof, or to defraud the State of Oklahoma, any county, school district, ‘municipality or subdivision thereof, in any manner or for any purpose, and if one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be guilty of a felony punishable by a fine of not more than Twenty-five Thousand Dollars (825,000.00) or imprisonment for not ‘more than ten (10) years or both such fine and imprisonment. 7408. § Rule 24 No person shall use or authorize the use of public funds, property or time to engage in activities designed to influence the results of an election for state office or a state question, except as permitted by law or these Rules. This section shall not prohibit an elected state officer from expressing his or her opinion or position on any issue. (Emphasis added) 7400S. § Rule 2.9 No state officer or employee shall engage in activities designed to influence the results of an election for state office or a state question during hours in which the state officer or employee is in official work status or at any time while wearing a uniform or wearing identification that identifies that person as a state officer or employee. This prohibition shall not apply to elected state officers. (Emphasis added) 74.0.8. § Rule 4.4 Except as permitted by law or these Rules, a state officer or employee shall not use his or her State office (1) for his or her own private gain, (2) forthe endorsement of any product, service or enterprise, (3) for the private gain of 4 family member or persons with whom the state officer or employee is affiliated in a nongovernmental capacity, including nonprofit organizations of which the state officer or employee is an officer or member, or (4) for the private gain of persons with whom the state officer or employee seeks employment or business relations. These prohibitions shall not apply to any act or endorsement if the act or endorsement is customary for the state officer or employee's position or is authorized or permitted by the state officer or employee's contract of employment or if otherwise permitted or authorized by the Constitution or statutes or by these Rules. A state officer or employee may promote or solicit funds for civic, community or charitable organizations, including those promoting businesses or industries, or civic, community or charitable fund-raising events provided the state officer or state employee receives nothing for doing so except the costs associated with the state officer or state employee's participation in a fund-raising promotion or event paid for from funds of a charitable organization. No individual or other entity may pay for, or reimburse the charitable organization for, any such costs and gratuities; provided, however, nothing shall prevent individuals or other entities from ‘making customary donations or paying sponsorship fees to the charitable organization. (Emphasis added) TAOS. 847 In the event a state officer or employee: 1. knows that a particular matter involving specific parties is likely to have a direct and predictable effect on the material financial interests of the state officer or employee or of his or her family ‘member; or 2. knows that a person with whom he or she has a business relationship other than a routine consumer transaction is a party to or represents a party to such matter; or 3. determines that the circumstances would cause a reasonable person with knowledge of the relevant facts to question his or her impartiality in the matter; the state officer or employee shall not participate in the matter unless he or she is required to do so by law or permitted to do so by these Rules, This provision shall not apply when the effect of the matter applies equally 10 all members of a profession, occupation or large class. In considering whether a relationship would cause a reasonable person to question his or her impartiality, the state officer or employee may seek the advice of the Commission. The Commission may exercise discretion in determining whether or not to provide such advice or may delegate responsibility to the Executive Director to provide such advice, Such advice, if given by the Commission or the Executive Director, shall bind the Commission. Failure to seek such advice shall have no relevance in any subsequent proceeding involving that individual. A particular matter will have a direct and predictable effect on a material financial interest if there is a close causal link between any decision or action to be taken in the matter and any expected effect of the matter on the material financial interest, even though the effect is not immediate. It shall not apply to a chain of causation if it is attenuatedor is contingent on the occurrence of events that are speculative or that are independent of, and unrelated to, the matter. Count 1. Governor Stitt has violated his oath of office as prescribed by the Oklahoma Constitution and by Oklahoma Statutes. Art 15, § 1, Oklahoma Constitution: AIll public officers, before entering upon the duties of their offices, shall take and subscribe to the following oath or affirmation: "I,......., do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma, and that I will not, knowingly, receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining 10 my office, other than the compensation allowed by law; I further swear (or affirm) that I will faithfully discharge my duties as...... (0 the best of my ability." The Legislature may prescribe further oaths or affirmations. (Emphasis added) Governor Stitt, in his official capacity, has failed to support, obey, and defend the Constitution of the State of Oklahoma, as follows. Count 2. Governor Stitt has failed to cause the laws of the State to be faithfully executed, as hereinafter alleged: Art. 6, § 8, Oklahoma Constitution: The Governor shall cause the laws of the State to be faithfully executed, and shall conduct in person or in such manner as may be prescribed by law, all intercourse and business of the State with other states and with the United States, and he shall be a conservator of the peace throughout the State. (Emphasis added)Art. 8, § 1, Oklahoma Constitution: The Governor and other elective state officers, including the Justices of the Supreme Court, shall be liable and subject to impeachment for wilful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. (Emphasis added) COMMISSIONERS OF THE LAND OFFICE nal Chair of the Commissioners of the Land Office, Governor Count 3. As the constit Stitt has failed to monitor and correct the improper use of taxpayer funds and conflict of interest by the Secretary of the Commissioners of the Land Office (CLO) even though the Governor was Chambers. When Chambers aware of the allegations of misconduct against his appointee, El was appointed at the urging of Governor Sti, it was public knowledge that Chambers was CEO ofa bankrupt company that underpaid royalties to the Commissioners of the Land Office and at one time owed the trust fund nearly $200,000. The claim was settled at 85 % of what was owed. The Commissioners of the Land office was created by the Oklahoma Constitution to oversee a $2.3 billion trust fund and manage lands ceded to the state by the federal government at statehood to provide monthly income to help support public schools and 13 colleges and universities in Oklahoma. The duties of the office have been deemed a “sacred trust” by the Supreme Court of Oklahoma. Art. 11, § 1, Oklahoma Constitution: The State hereby accepts all grants of land and donations of money made by the United States under the provisions of the Enabling Act, and any other Acts of Congress, for the uses and purposes and upon the conditions, and under the limitations for which the same are granted or donated; and the faith of the State is hereby pledged to preserve such lands and moneys and all moneys derived fromthe sale of any of said lands as a sacred trust, and to keep the same for the uses and purposes for which they were granted or donated. (Emphasis added) Art. 11, § 2, Oklahoma Constitution: All proceeds of the sale of public lands that have heretofore been or may be hereafter given by the United States for the use and benefit of the common schools of this State, all such per centum as may be granted by the United States ‘on the sales of public lands, the sum of five million dollars appropriated to the State for the use and benefit of the common schools in lieu of sections sixteen and thirty-six, and other lands of the Indian Territory, the proceeds of all property that shall fall 10 the State by escheat, the proceeds of all gifts or donations to the State for common schools not otherwise appropriated by the terms of the gifts, ‘and such other appropriations, gifts, or donations as shall be made by the Legislature for the benefit of the common schools, shall constitute the permanent school fund, the income from which shall be used for the maintenance of the ‘common schools in the State. The principal shall be deemed a trust fund held by the State, and shall forever remain inviolate, It may be increased, but shall never be diminished. The State shall reimburse said permanent school fund for all losses thereof which may in any manner occur, and no portion of said fund shall be diverted for any other use or purpose. (Emphasis added) Art. 11, § 3, Oklahoma Constitution: The interest and income of the permanent school fund, the net income from the leasing of public lands which have been or may be granted by the United ‘States to the State for the use and benefit of the common schools, together with any revenues derived from taxes authorized to be levied for such purposes, and any other sums which may be added thereto by law, shall be used and applied each year for the benefit of the common schools of the State, and shall be, for this purpose, apportioned among and between all the several common school districts of the State in proportion to the school population of the several districts, and no part of the fund shall ever be diverted from this purpose, or used for any other purpose than the support and maintenance of common schools for the equal benefit of all the people of the State. (Emphasis added) Art. 11, § 6, Oklahoma Constitution: A. The permanent common school and other educational funds may be invested in first mortgages upon good and improved farm lands within the state (and in no case shall more than fifty per centum (50%) of the reasonable valuation of the lands without improvements be loaned on any tract) and any other investments as authorized by law.B. The Commissioners of the Land Office shall be responsible for the investment of the permanent common school and other educational funds, and public building funds solely in the best interests of the beneficiaries and: 1. For the exclusive purpose of providing maximum benefits to current and future beneficiaries, and defraying reasonable expenses of administering the trust funds; 2. With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like enterprise of a like character ‘and like aim would use: 3. By diversifying the investments of the trust funds so as to minimize the risk of large losses; and 4. Inaccordance with the law, documents and instruments governing the administration and investment of the permanent common school and other educational funds and public building funds. C. The Legislature shall provide by law conditions upon which the ‘permanent common school fund, other educational funds and public building funds may be loaned or invested and shall do all things necessary for the safety of the funds and permanency of the investment. (Emphasis added) Art. 11, § 7, Oklahoma Constitution> The Commissioners of the Land Office are authorized to grant commercial leases and agricultural leases in trust property. Commercial leases shall not exceed fifty-five (55) years. The granting of any commercial lease in excess of three (3) years shall be by public bidding at not less than fair market value. All commercial leases shall provide for fair market value throughout the term of the lease. Agricultural leases of trust property shall be limited to a maximum of five (5) years and shall be by public bidding at not less than fair market value. The granting of any interest in trust property at less than fair market value or not in compliance with this section is void. Any permanent improvement made on commercial trust property from and afier the passage of this amendment shall revert to the trust at the end of the lease. The Legislature shall enact the laws necessary to implement the provisions of this section and to foster the fair and equitable administration of trust property. (Emphasis added) Art. 6, § 32, Oklahoma Constitution: A, The Governor, Lieutenant Governor, State Auditor, Superintendent of Public Instruction and the President of the Board of Agriculture shall constitute the Commissioners of the Land Office, who shall have charge of the sale, rental,disposal and managing of the school lands and other public lands of the state, and of the funds and proceeds derived therefrom, under rules and regulations prescribed by the Legislature. B. Should the offices of State Examiner and Inspector and State Auditor be consolidated in the office of State Auditor and Inspector, the State Auditor shall be replaced as a member of the Commissioners of the Land Office by the State Auditor and Inspector. Should the offices not be so consolidated, the membership of the Board shall remain as prescribed in subsection A of this section. (Emphasis added) Art. 6, Sec. 33, Oklahoma Constitution An account shall be kept by the officers and commissioners of the State of all moneys and choses in action disbursed or otherwise disposed of severally by them, from all sources, and for every service performed; and a report thereof shall be made semi-annually and as often as may be required by law, 0 the Governor under oath. The Governor may, at any time, require information in writing, under oath, from all officers and commissioners of the State, and all officers of State institutions, penal, eleemosynary, educational, and industrial on any subject relating to their respective offices and institutions; which information, when so required, shall be furnished by such officers and managers; and any officer or manager who, at any time, shall make a false report, shall be punished as by law provided. The School Lands Trust, administered by the Commissioners of the Land Office, for the State as Trustee, consists of certain lands and funds granted to the State of Oklahoma upon its admission into the Union by the Enabling Act. The gift of these lands and funds under the Enabling Act was accepted irrevocably by the people of Oklahoma, and such acceptance was set out in the Oklahoma Constitution under Article XI, Section I. These acceptance provisions of the Oklahoma Constitution and the Enabling Act constitute an irrevocable compact between the United States and Oklahoma, for the benefit of the common schools, which cannot be altered or abrogated. No disposition of such lands or funds can be made that conflict either with the terms and purposes of the grant in the Enabling Act or the provisions of the Constitution relating to such land and funds, The State has an irrevocable duty, as Trustee, to manage the trust estate ‘for the exclusive benefit of the beneficiaries, and return full value from the use ‘and disposition of the trust property. The express designation of the school lands and funds as a "sacred trust" has the effect of irrevocably incorporating into the Enabling Act, Oklahoma Constitution, and conditions of the grant, all of the rules of law and duties governing the administration of trusts. Oklahoma Education Association, Inc. v. Nigh, 1982 OK 22, 642 P.2d 230, 46. (Emphasis added)No Act of the Legislature can validly alter, modify or diminish the State's duty as Trustee of the school land trust to administer it in a manner most beneficial to the trust estate and in a manner which obtains the maximum benefit in return from the use of trust property or loan of trust funds. Oklahoma Education Association, Inc. v. Nigh, supra, §7. (Emphasis added) Count 4. Governor Stitt was aware that CLO Secretary Chambers admitted he had an ongoing business relationship with Victorum Capital’s investment club. A majority of the members of the Commissioners of the Land Office retained Vietorum Capital to advise the Commissioners on the investment of money in the School Lands Trust Count 5. When Erin Morgan, the internal auditor at the Commissioners of the Land Office, questioned the possible conflict of interest regarding Chambers, she was terminated within a few days. After she filed a lawsuit for wrongful termination, with the knowledge of Governor Stitt, the Commissioners of the Land Office wrongfully used taxpayer funds to settle the lawsuit. The settlement agreement is labeled “confidential” and both parties are forbidden to disparage the other. Count 6. Governor Stitt was aware that Chambers would recommend a change in the investment strategy of the School Lands Trust, even though the change would allow direct investments, also known as investments in non-marketable securities. Governor Stitt publicly stated that he favored direct investments and denied that such investment was any riskier that traditional investments. Victorum Capital recommended, and the Commissioners approved, an investment in a startup battery powered airplane company. For unstated reasons, the deal fell through. Governor Stitt failed to fulfill his duty as Chair of the Commission to protect the integrity of the School Lands Trust by utilizing this direct investment strategy, a code word for venture capital, the riskiest of all investment practices. The framers of the OklahomaConstitution did not envision that the School Lands Trust would be used in such a risky and reckless manner. Governor Stitt violated conditions of the Oklahoma Enabling Act that would risk reversion of school lands to the federal government for Oklahoma's failure to protect the “sacred trust.” Count 7, Based upon his position as Chair of the Commissioners of the Land Office, Governor Stitt has negligently supported a questionable investment of state funds in violation of the provisions of the preceding provisions of the Oklahoma Constitution which secks the security of the School Lands Trust. The Oklahoma State Bureau of Investigation is conducting a criminal investigation into the Commissioners of the Land Office. Count 8. Governor Stitt urged support for bills in the legislature to hide details of businesses in which the CLO would invest taxpayer funds. Governor Stitt supported legislation that would exempt, from the Open Records Act, business plans, financial details, and other documents submitted by companies seeking investment of taxpayer funds. Leaders of the legislature saw through this attempt at secrecy and failed to advance the legislation. Count 9. Governor Stitt was aware that Chambers attempted to subvert the intention of the Oklahoma Constitution by allowing action by only two members of the Commissioners of the Land Office to decide a change in investment strategy. Governor Stitt was aware of the recommendation of Victorum to invest state funds in Berry-Rock Homes. Vietorum previously invested more than $1 million in the company. Count 10. Governor Stitt was aware that CLO Secretary Chambers, while being paid his full state government salary, was actively participating in the operation of his private company, ‘Aurelian Investments, on a daily basis. Chambers’ assistant was employed by him at both theCLO and at the private company. The CLO human resources director was fired for investigating the absences of Chambers and his assistant. When Chambers’ alleged misdeeds were made public, he resigned his position, another pattern in the Stitt administration, Several of Governor Stitt’s appointees have suddenly announced their resignations when investigations were requested, or possible violations of law became public knowledge. FEDERAL COVID RELIEF FUNDS Count 11. Governor Stitt has failed to property oversee the administration, recordkeeping, and expenditure of millions of dollars in federal relief funds. An audit by the U.S. Department of Education made sweeping allegations of misspending in Stitt’s Bridge the Gap Digital Wallet program, one of several initiatives employed by Stitt to spend taxpayer money allocated by Congress to support education amid school closures during the coronavirus pandemic. TAXPAYER LOSS--S31 MILLION. Count 12. Governor Stitt was involved in selecting a company known as ClassWallet, by a no-bid contract, to administer certain components of the relief fund distribution. Stitt, Secretary of Education Ryan Walters, and the Office of Management and Enterprise Services were aware of problems with the administration of coronavirus relief funds, under the Cares Act and other federal legislation, but failed to correct them. The Stay in School program distributed tuition grants for up to $6,500 to students already attending private schools, but the State could not provide supporting documentation that students who received grants were actually enrolled and registered at private schools. TAXPAYER LOSS--S4 MILLION.Count 13. The State of Oklahoma, based upon the recommendation of Stitt and Secretary of Education Ryan Walters, has now sued ClassWallet, trying to shift the blame of mismanagement of taxpayer funds to that company. The records show that hundreds of thousands of dollars from the Bridge the Gap program went toward non-educational items such as smartphones, televisions, video game consoles, Christmas trees, and barbecue grills. Federal auditors found that Oklahoma failed to follow federal guidelines for four of Stitt’s five educational relief funds. TAXPAYER LOSS--$1.8 MILLION. Count 14. Governor Stitt has failed to monitor the activities of his Personal Protective Equipment (PPE) Czar, Gino DeMarco, to develop a comprehensive procurement policy, increasing the state’s risk for fraud and loss of funds. As a result, prepayments were made in violation of the Oklahoma Constitution and goods were not received after the unlawful payment. DeMarco caused $5 million to be sent to an out-of-state mask vendor, and no masks were ever received. The Constitution prohibits the credit of the State from being “given, pledge, or loaned to any individual, company, corporation, or association.” TAXPAYER LOSS—$5 MILLION. Count 15. Governor Stitt ignored the fact that millions of dollars of taxpayer money were being spent on PPE during the COVID pandemic at the direction of Defendant, DeMarco, even though he was not an employee of the Oklahoma State Department of Health, Stitt violated state law by delegating purchasing power to DeMarco. Count 16. Governor Stitt failed to assure the preparation of records regarding the expenditure of taxpayer funds to the Oklahoma Legislative Office of Fiscal Transparency (LOFT). Such lack of transparency was a violation of 62 O.S. § 8014 which requires any state entity to make adequate information available to LOFT. LOFT reported, “CARES FORWARD. responses were inconsistent with Oklahoma's requirements and established guidelines related toproviding data, documents and records to an independent oversight entity.” TAXPAYER Count 17. Governor Stitt supported the decision by the Office of Management Enterprises and its purchasing director that $12 billion in applications for federal money under the American Rescue Plan Act be kept secret and exempt from the Open Records Act. In addition, the state purchasing director decided to keep from the public eye the applications of stage agencies for funds from the American Rescue Plan Act. Count 18. Governor Stitt directed his staff and the CARES FORWARD team to advise state agencies to use federal relief money to reimburse large amounts of their payroll expenses, frequently with the understanding that the reimbursement money could then be diverted to specific projects that had already been agreed upon. LOFT found that a significant amount of relief funds was used for preexisting government needs in violation of federal regulations. POTENTIAL TAXPAYER LOSS AFTER FEDERAL AUDITS—$7 MILLION. PUBLIC HEALTH LAB AND STATE PANDEMIC CENTER Count 19. Governor Stitt abused his power by forcing officials of the Oklahoma Department of Health to move the state’s public health laboratory from Oklahoma City to Stillwater. Stitt and Health Department officials, ignoring any input from the state legislature and medical service organizations, made the unilateral decision to move the lab and privatize it. Two years later, the laboratory is still in a rented building in Stillwater. The laboratory ranks last in the nation for COVID-19 variant testing. The Oklahoma Public Health lab has degradedOklahoma’s public health mission. Oklahoma taxpayers are paying multiple CEOs to manage the state lab as part of the budget of the Oklahoma State Department of Health, TAXPAYER LOSS--S4 million. Count 20. Governor Stitt proposed and affirmed the Health Department use of $30 million in CARES ACT funds for COVID testing. The $30 million was designated for completion of the Oklahoma Pandemic Center, but the Health Department diverted the funds. The Pandemic Center has not been built two years after Governor Stitt announced its creation, Governor Stitt has proposed and affirmed the decision of the Health Department to privatize control of the Oklahoma Public Health Lab by paying Prairie One Solutions management fees of 15 % of the budget of the Oklahoma Pandemic Center each year. After Praitie One became the manager of the lab, a whistle blower triggered a federal investigation that revealed major deficiencies and a critical staffing shortage. TAXPAYER LOSS--$5 MILLION. RYAN WALTERS Count 21. Governor Stitt has ignored the misdeeds and violations of law of Secretary of Education Ryan Walters. (a) Walters has violated state law by campaigning on state time. He is not an elected official, so he is not exempt from ethics laws that prohibit using state time to espouse views as a candidate for Oklahoma Superintendent of Public Instruction, commonly called the State School Superintendent. (b) Walters also has been an integral part of the spending of federal relief funds intended to help students during the coronavirus pandemic. (©) Walters violated state law by failing to report campaign expenses. (d) Walters is guilty of a blatant conflict of interest that has resulted in legislators and other state officials asking for hisresignation. He serves in his appointed state office as Secretary of Education and is paid $40,000 annually as a state salary. At the same time, he is paid $120,000 a year as executive director of Every Kid Counts Oklahoma, Inc., a non-profit group that refuses to disclose its largest donors. Governor Stitt vetoed legislation that would have required cabinet members to file public reports to disclose their finance. Even though Walters publicly calls for transparency in education funding, he will not confirm his salary from Every Kid Counts Oklahoma, Inc., or disclose the identity of the donors who pay his salary at the non-profit. Count 22. Walters’ conflict of interest is a public outrage, a conflict of interested that is publicly defended by Governor Stitt. A joint investigation by The Frontier and Oklahoma Watch found that much of the funding for Every Kid Counts Oklahoma, Inc., comes from national school privatization and charter school expansion advocates, including the Walton Family Foundation and an education group founded by billionaire industrialist Charles Koch. The Secretary of Education cannot fulfill his responsibility to make unbiased decisions regarding the education of Oklahoma’s children when 75 % of his salary is paid by an organization whose primary purpose is to convince the legislature to create a voucher program for parents and their children. Count 23, Every Kid Counts Oklahoma, Inc., under the direction of Walters, has signed petitions and open letters from national groups pushing for educational privatization and charter school expansion. Every Kid Counts Oklahoma, Inc., posted online advertisements pushing for the passage of bills in the Oklahoma legislature that expanded charter schools and open transfers. ‘The group, under Walters’ direction, supported Senate Bill 1647, the “backpack funding” bill, authored by State Senator Greg Treat, that would have created universal school vouchers for private school tuition and other educational expenses.The website of Every Kid Counts Oklahoma, Inc., said, “This year, members of the Oklahoma Legislature are working on several education reform solutions that will put more control and opportunities directly into the hands of those who know best — parents/guardians, This local control will empower Oklahoma parents to play an active part in creating the learning environment that is best for their children.” That post was a direct reference to the group’s support for the school voucher bill. Governor Stitt openly endorsed the voucher idea and the actions of Secretary of Walters in supporting the legislation One cannot serve two masters. Secretary Walters cannot fulfill his responsibility of evaluating the entire education system in Oklahoma while heading a non-profit group that fully supports a school choice or voucher system. Count 24, Walters has also aligned with advocacy groups that support school vouchers and charter school expansion, Walters has spoken at conferences called for the purpose of advancing school vouchers and giving taxpayer funds to parents who home school their children or send them to private school. Count 25. Governor Stitt has defended Walters even though Walters’ advocacy for legislation allowing school vouchers is a direct and brazen conflict of interest to his duties as the Secretary of Education, the principal adviser to the Governor on the entire education system. Count 26. As part of the pattern of corruption in the executive department of Oklahoma state government, Governor Stitt has willfully shirked his responsibility to enforce the laws of the state is allowing Walters to campaign on state time and to continue to serve in his cabinet even with the obvious conflict of interest.THE SWADLEY CONTRACT Count 27. Governor Stitt supported the Oklahoma Department of Tourism and Recreation’s plan to upgrade restaurants in state park facilities. Stitt failed to monitor the actions of the agency in entering a contract with the owners of Foggy Bottom Kitchen restaurants, the ‘Swadley restaurant companies, that ended up costing taxpayers $12.4 million according to a report from the Oklahoma Legislative Office of Fiscal Transparency (LOFT). The report said that if the Department of Tourism and Recreation had proper controls in place, the taxpayers would not have suffered the loss. TAXPAYER LOSS--$12.4 MILLION. Count 28. Governor Stitt failed to monitor the activities of his friend, Gino DeMarco, the PPE Czar and deputy director of the Department of Tourism and Recreation, in negotiation of the contract with Swadley’s. One of the Swadley’s Foggy Bottom Kitchen locations was to be at Lake Murray. In addition, Governor Stitt should have been aware that DeMarco purchased land near Lake Murray State Park for development. The sale was less than one month after officials of ‘DeMarco’s agency signed a deal with a private developer to build a marina three miles away. Emails showed DeMarco was involved in talks about the marina project after he had signed a contract to buy the property at Lake Murray. Count 29, Governor stood by and allowed DeMarco to continue public set afier allegations that DeMarco violated state law that bars state officials from using their positions to enrich themselves or others. Count 30, Governor Si was complicit with OMES to violate the spirit of statutes that require competitive bids for large purchases. Stitt and OMES awarded a contract to Canoo thatcould cost taxpayers up to $50 million for the manufacture of electric vehicles. Stitt worked with other state officials to give Canoo $15 million up front from the state’s “Quick Action Closing Fund.” The Tulsa World reported, Electric vehicle start-up Canoo reported first-quarter losses of $125.4 million this week while casting “substantial doubt” on its ability to move forward as a company in Oklahoma and Arkansas. ‘Our business plans require a significant amount of capital,” Cano wrote in a regulatory filing to the U.S. Securities and Exchange Commission. “If we are unable t0 obtain sufficient funding or do not have access to capital, we will be unable to execute our business plans and could be required to terminate or significantly curtail our operations and our prospects, financial condition and results of operations could be materially adversely affected.” POTENTIAL, TAXPAYER LOSS $15 MILLION. NEW GOVERNOR’S MANSION Count 31. Governor Stitt publicly touted his commitment to transparency and accountability in state government, However, it was made publie in October 2022, that Stitt had for three years overseen the planning and construction schedule of a new Governor’s Mansion to be built on property owned by the taxpayers just south of the present Governor’s Mansion, Members of the Friends of the Mansion, Inc, the non-profit organization through which millions of dollars have been raised, were asked to sign a non-disclosure agreement and were told at meetings to remember to keep information about the project confidential. The construction of a new mansion will cost taxpayers money even if the structure is built with private money. The cost of utilities, maintenance, and other associated expenses will be borne by taxpayers, giving them the absolute right to know the details of the project. TAXPAYER LOSS--$100,000 for year for 20 years, $2 million.VIOLATION OF CAMPAIGN LAWS Count 32, Governor Stitt and his campaign paid for airtime in Oklahoma City and Tulsa for a campaign advertisement in which Stitt brags on the accomplishments of his appointed Attorney General, John O’Connor, who was a candidate for re-election. The payment by one candidate to further the candidacy of another candidate i strictly prohibited by law. ABUSE OF POWER Count 33. Governor Stitt abused his power as chief executive of the state by removing, two members of the Oklahoma Veterans Commission for purely political reasons. Stitt fired the members days after the election because they had exercised their rights under the First Amendment to the U.S. Constitution and supported Stit’s opponent, and because they opposed Stitt’s plan to privatize functions of the seven state veterans* centers. Governor Stitt also abused. his power as chief executive of the state by issuing an Order appointing a member of the American Legion to the Oklahoma Veterans Commission when this veterans’ service organization was ineligible to have a position on this Commission which oversees the Oklahoma Department of Veterans Affairs (ODVA) because it failed to timely file the required performance and financial audits with the Secretary of State, President Pro Tempore of the Senate, the Speaker of the House, and with his office and also abused his power as chief executive of the state by making the appointment of an individual whose name was not properly submitted by the state executive board. [Statutory Authority: 72 0.S. § 63.2.]Count 34, Governor Stitt has abused his power as supreme chief executive by frequently firing members of boards and commissions in response to said members voting in opposition to the Governor's stated policy. Such blatant disregard of the integrity of appointments to boards and commission gives the aura of autocratic government—It’s my way or the highway! Such abuse of power by the Governor of Oklahoma was warned of by the Supreme Court of Oklahoma nearly a century ago: Executive power is a relative term. We have read much about the power to create carrying with it the power to destroy; we have heard much about the power 10 appoint implying the power to remove; but such considerations are in regard to power absolute. Executive power under our government is not power in the abstract. It is not the executive power of the King of Siam or the Sultan of Turke but it is such executive power as rises out of the Constitution and laws of our state. It is exactly the power, in any given case, of carrying the particular law, as it stands, into execution. The sovereignty of Oklahoma is a unit, one government; the departments are but functionaries of that government, not hostile to each other, but co-ordinate, separate, but not antagonistic. When, therefore, either of the departments acts in its legitimate sphere, itis the sovereignty of Oklahoma which acts through its appropriate functionary. If the Legislature passes an act, it is the act of the government of Oklahoma by its appropriate organ. If the judiciary expound a statute, it is the exposition by the government through its ppeculiar organ, of its own enactment, and when "executive authority” and “executive power” (sections | and 2, art. 6, Const, is vested ina Governor, it is only that power, in any given case, which is necessary in order to carry the particular law into execution, for "all political power is inherent in the people." Section 1, art. 2, Constitution. $38, State ex. rel. King v. Rowe, 1931 OK 328, 300 P. 727. "The object of a written Constitution is to regulate, define, and limit the powers of government by assigning to the executive, legislative and judicial branches, distinet and independent powers. The safety of free government rests upon the independence of each branch and the even balance of power between the three. Unite any two of them and they will absorb the third with absolute power as a result, Weaken any one of them by making it unduly dependent upon another and a tendency toward the same evil follows. It is not merely for convenience in the transaction of business that they are kept separate by the Constitution, but for the preservation of liberty itself, which is ended by the union of the three functions in one man or in one body of men €30, State ex. rel. King v. Rowe, 1931 OK 328, 300 P. 727.EPIC Count 35. Governor Stitt has failed to protect the taxpayers by not instituting a lawsuit on behalf of the state to recover as much as $75 million in taxpayer funds misappropriated by the founders of Epic Charter School and subsidiary corporations. The State Auditor and Inspector has issued a scathing report that details the methods used by the founders to profit by diverting state funds into personal accounts and then refusing to disclose how tax money was spent. Governor Stitt is aware of the audit and criminal charges filed by the District Attomey of, Oklahoma County against the two founders and the chief financial officer of the Epic enterprises. Yet, the Governor has not requested that the Attorney General attempt to recover the taxpayer money or has not hired outside counsel for the collection of such funds. LOSS TO TAXPAYERS-- $75 MILLION Count 36. By encouraging his state agency head appointments to remove Citizen Oversight Boards, Governor Stitt has removed a layer of accountability that opened up the state for scandal and corruption. SUMMARY Based upon the above alleged acts of violation of state law, malfeasance, and inattention to enforcing the laws of the state, Governor Stitt and his administration appointees have caused the taxpayers of Oklahoma to lose from $110 million to $130 million. Claimants request this Honorable Court to:(a) pursuant to 12 0S. § 1451, issue a Writ of Mandamus to Governor Stitt to fulfill his constitutional duty to collect taxpayer monies misappropriated or misused. 74 O.S. § 18(B)(10) authorizes the Governor to request the Attorney General to recover such. funds. Governor Stitt’s inaction to do this is a violation of his oath of office to protect the people of this state. (b) issue a Writ of Mandamus to Governor Stitt to, pursuant to the Oklahoma Constitution and state law, to order each of the agencies and commissions of the State of Oklahoma which are subject to the allegations in this action to open their accounting records forthwith to the Auditor and Inspector of the State of Oklahoma, (©) issue a Writ of Prohibition to the executive in charge of each state agency and commission which are subject to this action to refrain from altering or destroying any records regarding the expenditure of state funds. (4) issue a Writ of Prohi ion to each state official named in this action to cease and desist all activities that are in violation of the Oklahoma Constitution, federal and state laws and agency regulations, and the ethics laws of Oklahoma. (e) pursuant to 12 O.S. § 1451, issue a Writ of Mandamus to the Attorney General of Oklahoma to fulfill his statutory responsibility to begin collection proceedings against individuals or entities who have stolen from the taxpayers. 74 O.S. § 18(B)(9) provides that one duty of the Attorney General is “To enforce the proper application of monies appropriated by the Legislature and to prosecute breaches of trust in the administration of such funds.” 74 O.S. § 18(B)(10) provides authority for the Attorney General, “To institute actions to recover state monies illegally expended, torecover state property, and to prevent the illegal use of any state property upon the request of the Governor or Legislature.” (0) and for further relief deemed proper by this Court to protect the taxpayers from this unprecedented mishandling of taxpayer funds, secrecy, and conflict of interest by state officials. Pro-Se, Resident Té&payer Greg James 3000 United Founders Blvd. Oklahoma City, OK 73112 405-996-5791