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Del City Lawmaker Challenges Stitt's Return-to-Office Order

Oklahoma State Rep. Andy Fugate files lawsuit challenging Gov. Kevin Stitt's executive order requiring state employees to return to in-person work, citing a violation of the separation of powers.


@OklahomaBlueDot By OklahomaBlueDot.org editors
Published:
Oklahoma County Courthouse
Oklahoma County Courthouse (Photo: Patrick W. Moore / Creative Commons)

State Representative Andy Fugate (D-Del City) filed a lawsuit today against Governor Kevin Stitt, challenging the governor's 2024 executive order requiring state employees to return to in-person work. Fugate, acting in his individual capacity as a legislator, argues the order violates the separation of powers doctrine enshrined in the Oklahoma Constitution. The lawsuit, filed in Oklahoma County District Court, asks the judge to block Governor Stitt's December order forcing most state employees to return to in-person work by February 1, 2025.

At a press conference announcing the lawsuit, Fugate and his attorney, Richard Labarthe, argued that Governor Stitt lacks the authority to unilaterally dictate working conditions for state employees. "State employees work for the people of Oklahoma. They don't work for the governor," Fugate emphasized, highlighting the benefits of remote work, including reduced commute times, greater childcare flexibility, and overall cost savings for employees.

"I want you to think about this from the employee's perspective. Remote work means they can choose rural Oklahoma life. More room, bigger homes, smaller payments. Remote work means no lengthy drive times. Watch kids grow up instead of watching your odometer click miles. Remote work means more time to be present with your family and active in your community. You have a sick kid at school? Not a problem. Remote work means you don't spend a time to spend a fortune on child care. That's assuming it's available where you live. Remote work means less wear and tear on your automobile, less money spent on gas, less expensive car insurance. Remote work also means safer working conditions for those with fragile health." – Representative Andy Fugate (D-Del City)

The complete press conference can be watched on the Oklahoma House Democrats Facebook page.

Fugate and Labarthe contrasted these advantages with the potential for increased taxpayer spending on office space, equipment, and infrastructure if the return-to-office order is enforced.

Labarthe addressed the idea that Governor Stitt's order was simply reversing his previous, pandemic-related actions allowing remote work. "That's a false equivalency argument," Labarthe asserted. He explained that the initial orders were justified because of the governor's emergency powers during a declared public health emergency, but those powers ended when Stitt withdrew the emergency declaration in May 2021. "We do not have laws made by executive or gubernatorial fiat," he said, emphasizing the legislature's role in making such significant policy changes. He also pointed out that health concerns are not a recognized exception under the new order.

The lawsuit's core legal argument rests on the separation of powers defined by the Oklahoma Constitution. Fugate and Labarthe contend that decisions about where state employees work, and the associated funding, are the legislature's purview. "This lawsuit is not about whether it's more productive to have butts in seats," Fugate clarified. "It's about the office of the governor overstepping its authority." He stressed the lawsuit is not a personal attack, but a defense of constitutional checks and balances.

The impact of Stitt's order could be particularly significant for the Oklahoma Department of Human Services. In 2020, OKDHS strategically closed about half its physical offices, shifting to remote work after finding that employee productivity increased. Then-DHS Director Justin Brown cited $6 million in cost savings. An OKDHS survey showed up to 87% of employees were equally or more productive at home. However, a 2023 Oklahoma Voice article revealed that OKDHS's "real estate modernization project," while opening 80 new, smaller offices, will not reopen locations in approximately 30 rural counties that previously lost OKDHS offices. While DHS emphasizes community partnerships in these areas, advocates have expressed concern about access to in-person assistance for vulnerable populations. This existing disparity adds complexity to the debate over Stitt's mandate.

Fugate acknowledged informing some House leadership as a courtesy, but clarified that the lawsuit was filed in his individual capacity, not on behalf of the entire Democratic caucus.

Labarthe, who is representing Fugate without compensation from either the representative or taxpayers, brings significant experience challenging government actions. He previously represented Norman residents in a lawsuit against the Oklahoma Turnpike Authority over alleged Open Meeting Act violations, successfully arguing for broad access to internal communications. Labarthe, who described the case as being in the public interest, stated they are seeking an expedited hearing due to the executive order's requirement for agency reports by the end of March. He hopes the court will address the matter within a month, emphasizing it is a "purely legal issue" not requiring extensive discovery.

The precise number of Oklahoma state employees currently working remotely is unknown, but DHS's pre-existing shift, combined with the uneven distribution of physical offices, highlights the potentially disruptive and costly nature of Governor Stitt's order and raises questions about equitable access to services. 🔵