Nelson v. Oklahoma State Ethics Commission, 49509

• Decision Date: 15 June 1976
• Docket Number: No. 49509,49509
• Citation: 551 P.2d 1117
• Parties: Forrest NELSON, Plaintiff, v. OKLAHOMA STATE ETHICS COMMISSION, Defendant.
• Court: Oklahoma Supreme Court

Page 1117

551 P.2d 1117

Forrest NELSON, Plaintiff, v. OKLAHOMA STATE ETHICS COMMISSION, Defendant.

No. 49509.

Supreme Court of Oklahoma.

June 15, 1976.

David Nelson, Tulsa, for plaintiff.

Larry Derryberry, Atty. Gen., and Daniel J. Gamino, Asst. Atty. Gen., for defendant.

DAVISON, Justice.

The plaintiff is being investigated for violation of ethics, under 74 O.S.1971 § 1405, by the Oklahoma State Ethics Commission created by 74 O.S.1971 § 1408 and said matter has been set for hearing.

The Legislative Act, 74 O.S. § 1408(b), grants the Ethics Committee power to make rules for such hearings and that such proceedings shall be subject to the Administrative Procedures Act, 75 O.S. § 301.

The Ethics Commission has adopted a rule that would allow 'equipment necessary for TV and radio coverage' under certain conditions at such hearings.

Plaintiff's application is for this Court to assume jurisdiction and for writ of prohibition to prohibit the use of televisions or radios at the hearing.

The Ethics Commission was created by the Legislature to hear complaints involving violations of the Oklahoma Code of Ethics for State officials and employees and to make recommendations to the appropriate officials.

The Ethics Committee has been given the power to have a hearing to determine whether or not an employee or State agency has violated any acts prohibited by Title 74 O.S. § 1404 or 1405. In the event the employee or State agency has been found not to have complied with the provisions of said sections, the Commission has only the power to make recommendations to the appropriate officials, 74 O.S. § 1408(b).

The recommendation by the Commission to the appropriate officials if violation of 74 O.S. § 1404 (or § 1405) has been determined can only be for private or public reprimand, censoring, expulsion, removal from office, or discharge, whichever is applicable. 74 O.S. § 1406.

The real question involved is whether a hearing before the Ethics Commission must be held in the same manner as a court trial where televisions and radios are barred because of various reasons.

The plaintiff has cited a number of cases where televisions and radios have been barred, all cases having been decided after the promulgation of the rule promulgated by the American Bar Association prohibiting televisions and radios from the courtroom during trial. Theses cases are not applicable to the situation involved here for the reason that the hearing before the Commission is not a court action but an investigative hearing, under an act of the Legislature.

Title 74 O.S.1971 § 1408(c) provides that all hearings before the Ethics Commission shall be open to the public. No provision under the Administrative Procedure Act, supra, or the Act in question prohibits radio or television equipment in hearings held by the Commission.

Plaintiff relies heavily on the case Groom v. Kawasaki Motors Corp., USA, 344 F.Supp. 1000 (D.C.1972).

The facts in the case show that the plaintiff filed an application with the Oklahoma Motor Vehicle Commission to revoke or suspend the license of defendant to do business in Oklahoma as a manufacturer of motor vehicles pursuant to 47 O.S.A. § 565(j). After a hearing, the Commission denied the application. Plaintiff did not pursue the appeal therefrom as provided by statute and the determination of the Commission became final.

Thereafter plaintiffs brought an action in damages against the defendant in Oklahoma County which was removed to the Federal Court on diversity grounds.

Defendant contended that the disputed fact issues which would warrant the Commission to revoke or suspend defendant's license under 47 O.S.A. § 565(j) were the identical fact...