Oklahoma invokes Catastrophic Health Emergency Powers Act
Last Thursday, Governor Stitt announced he was invoking the state’s Catastrophic Health Emergency Powers Act (CHEPA), a move that forced the state legislature to convene for a special session to ratify the Governor’s declaration. Laws like CHEPA were passed in many states in the years following the 9/11 terrorist attacks to enable executive branches to respond more quickly to catastrophic events. In Oklahoma, CHEPA was expanded in 2007 to include pandemics, a move that has proven to be prescient. However, this is the first time CHEPA has been invoked in our state, and that brings a degree of uncertainty and potential for caution as we move deeper into uncharted waters.
One of our board members, Brian Jones, quickly conducted some research on CHEPA and shared this thoughts on Twitter:
There’s a lot to digest there that merits a more in-depth conversation. Fortunately, on Friday Brian also discussed the CHEPA declaration and its potential ramifications on Let’s Pod This, a podcast from about Oklahoma politics. That episode is embedded below:
Is Transparency at Risk?
One of the Governor’s powers granted under CHEPA is the authority to temporarily suspend any statute necessary to support the state’s response to the catastrophe. Presumably, this could include the state’s Open Meeting Act, which is one of our chief concerns.
This morning, as the Oklahoma House of Representatives debated the matter, Rep. Emily Virgin asked majority floor leader Rep. Jon Echols about the possibility that the Governor could use this emergency authority to suspend the OMA and if the Governor would commit to not suspending that law. Echols responded that while he could not speak on behalf of the Governor, he was confident in saying that on behalf of Speaker McCall, they shared Rep. Virgin’s concern for this matter and would work to ensure the OMA remains in place. Furthermore, Rep. Echols stated that the Governor must notify the Speaker and the Pro Tem of any statute he suspends and that they would then notify the rest of the legislature.
With Great Power Comes Great Responsibility
Never is transparency more important than in periods of great uncertainty and fear. There is certainly no shortage of information about the disease on the internet and social media, but not all of the information is correct or useful. With millions of Oklahomans either “sheltering place” or remaining “safer at home,” all eyes are on the Governor to do the right thing for our state. It is incumbent upon Governor Stitt, Commissioner Cox, and the rest of our state government to provide accurate and complete information to the public. This is not just to keep us informed, it is to help reduce our collective anxiety about what’s happening “out there,” to help us better understand how our government is responding to the Covid-19 pandemic, and to learn what we should expect as we move forward through this crisis.
We reiterate our appreciation for the legislature and Attorney General taking the steps necessary to ensure public bodies can continue to meet while following the CDC’s guidelines for “social distancing” while also adhering to the Open Meeting Act. With the passage of CHEPA, we implore Governor Stitt to redouble his commitment to transparency. The sole purpose of CHEPA is to enhance the state’s ability to respond to a crisis, and an informed electorate is a healthy electorate.