EXECUTIVE ORDER 2023-32
WHEREAS, the United States Supreme Court's ruling in McGirt v. Oklahoma caused uncertainty and continues to wreak havoc in nearly half of Oklahoma; and
WHEREAS, while the Supreme Court remedied some of the uncertainty in Castro-Huerta, and the Oklahoma Court of Criminal Appeals has repeatedly acknowledged and done its part to ameliorate McGirt and its' progeny havoc, it is clear that the impacts of McGirt are still being realized; and
WHEREAS, after a dispute concerning whether the Creek Nation Light Horse could book a suspect at Okmulgee County Jail, Creek Nation Light Horse surrounded the jail and attempted to arrest a detention officer they said assaulted a Light Horse officer. The lack of clarity about the authority that each law enforcement entity possesses, along with heighted tensions, creates the perfect storm for a dangerous escalation. It is essential that Oklahomans know what law enforcement entity has jurisdiction and that respective law enforcement entities know where their authority begins and ends. It is incumbent upon state and tribal leaders to come to an agreement for the safety of our law enforcement officers and the citizens they protect; and
WHEREAS, the future remains uncertain as the potential for cost and conflict around jurisdiction boundaries continues. While Congress has remained silent as to these issues, the current patchwork attempts to resolve problems through non-uniform cross-deputization and jail agreements have been, and continue to be, elusive; and
WHEREAS, the need for uniform agreements has never been clearer. Uniform agreements must address ambiguity in areas of liability, immunity waivers, and jurisdictional authority. Law enforcement experts, tribal representatives, and legislative leaders must come together to discuss and recommend uniform, lasting change.
THEREFORE, I, J. Kevin Stitt, Governor of the State of Oklahoma pursuant to the power and authority vested in me by Sections 1 and 2 of Article VI of the Oklahoma Constitution, and to the fullest extent permitted by law, hereby order as follows:
A. There is hereby created the Oklahoma Organized Retail Crime Task Force until December 31, 2024. The purpose of the task force shall be to provide the Governor, the Legislature, law enforcement officers, and Tribal leaders with uniform cross-deputization agreements, jail agreements, and state and federal legislative action.B. The task force shall consist of ten (10) members as follows: 1. The Governor or designee;2. The Speaker of the Oklahoma House of Representatives or designee;3. The President Pro Tempore of the Oklahoma Senate or designee;4. The Attorney General or designee;5. One member appointed by the District Attorneys Council;6. One member appointed by the Okmulgee County jail trust;7. One member appointed by the Office of Juvenile Affairs;8. One member appointed by the Tulsa County Sheriff's Office;9. One member appointed by the Oklahoma Highway Patrol;10. One member appointed from each McGirt affected tribes' law enforcement;C. Quorum for official business of the task force shall be eight members. A chairperson and a vice chairperson shall be elected by a majority vote of the members of the task force.D. Appointments to the task force shall be made by the appointing authority no later than sixty (60) days after the effective date of this act. Appointed members shall, to the greatest extent practicable, have by education or experience, knowledge of State-Tribal law enforcement relations. The chair shall hold the first meeting of the task force no later than ninety (90) days after the effective date of this act. Any vacancies in the membership of the task force shall be filled in the same manner provided for in the initial appointment.E. The members of the task force shall receive no compensation but shall receive travel reimbursement for necessary travel expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act. The task force shall be staffed by the Office of Management and Enterprise Services.F. The task force may consult with any organization, government entity, or person in the development of its recommendations required pursuant to the provisions of subsection G of this section.G. On or before December 15, 2024, the task force shall electronically submit to the Governor, the President Pro Tempore of the Oklahoma State Senate, the Oklahoma Speaker of the House of Representatives, and the chairs of the House and Senate committees that oversee public safety, the Oklahoma Congressional delegation, a recommendation containing, but not limited to, the following information based on available data: 1. Updated, uniform-cross-deputization agreements.2. Updated, uniform-jail agreements.3. Whether state and/or federal IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 13th day of December, 2023.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
J. Kevin Stitt
ATTEST:
Josh Cockroft
Secretary of State
Okla. Admin. Code § 1:2023-32
Adopted by Oklahoma Register, Volume 41, Issue 9, January 16, 2024, eff. 12/22/2023