Oklahoma House Considers Impeachment Proceedings Against Fisher

With the introduction of House Resolution 1040 by State Rep. John Trebilcock, R-Broken Arrow, and State Rep. Fred Morgan, R-Oklahoma City, the Oklahoma Legislature appears to be on the brink of launching an impeachment investigation of Insurance
Commissioner Carroll Fisher.

If approved, the resolution would direct House Speaker Larry Adair, D-Stilwell, to appoint a special committee to investigate the commissioner.

Fisher, a Democrat, has been under fire since being charged in February 2004 with embezzlement and operating a charity illegally.

According to the House Media Services Division, the resolution states that it is “a proper constitutional function” of the Legislature to investigate “the conduct and administration” of state officials “in the discharge of their duties” and “on the merits of these acts in regard to public policies” of the state, “and to prepare and submit suggested remedies, including impeachment.”

Early estimates suggested that an impeachment investigation could cost taxpayers as much as $135,000 per week if it continues past the Legisla-ture’s scheduled adjournment date in late May. However, the Associated Press reported that Trebilcock believes the investigation would be over by then.

House Speaker Larry Adair, D-Stilwell, appears to be less certain that an investigation committee could reach a decision by the end of the session. He said a special session could be required if the committee decides to go forward with impeachment
proceedings.

Some lawmakers have suggested that the criminal case against Fisher be allowed to conclude before the House considers impeachment proceedings. Trebilcock rejected that idea, however, noting that the state Constitution gives the House impeachment power as part of the system of checks and
balances.

The House Media Services Division reported that Trebilcock included in HR 1040 a list of infractions that Fisher has allegedly committed, such as:

• Fisher has been charged in Oklahoma County “with embezzling money raised in connection with an insurance education
program and with operating a charity illegally.”
• Fisher “solicited and accepted gifts” of artwork, furniture and kitchen equipment, valued collectively at more than $30,000, “from entities regulated by the Insurance Department.” Most of the 32 items were donated in 1999 and 2000. After Gov. Brad Henry refused last year to accept the property as “gifts to the state,” Fisher had the items returned to their donors.
• The insurance commissioner distributed thousands of “Friends of Fisher” stickers to medical professionals, “along with instructions to affix them to insurance claim submissions or problem claim correspondence to obtain faster claims processing service.”
• Fisher is under investigation for reportedly paying Florida lawyer Norman Taplin more than $35,000 for “attorney fees and expenses” with a check Fisher wrote “from the account of an insurance company that was forced into conservatorship by the insurance commissioner,” The check was written two weeks after Fisher and Taplin “attended the Super Bowl together in New Orleans,” the resolution notes.
• The State Ethics Commission reprimanded Fisher for violating constitutional ethics rules during his re-election campaign in 2002. He allegedly used his position during the campaign to obtain confidential employment application and documents of his opponent from Farmers Insur-ance Group.

Speaker Adair initially responded to the call for approval of Resolution 1040 with the following statement: “Although we understand the reasoning behind the measure, it is important that the House handle the matter with the utmost professionalism. This is not an issue to be taken lightly. …”