Oct 24, 2024
OKLAHOMA CITY (KFOR) — Barely any decision was made at Thursday's Oklahoma State Board of Education meeting after the Attorney General denied renewing the contract for the OSBE's attorney. "I'm here as your counsel for today," said Brad Clark, from the Oklahoma Attorney General's Office. Clark was General Counsel for the Oklahoma State Department of Education from 2015 to 2023 before moving to the Attorney General's Office. LOCAL NEWS: $3 million could go from OSDE payroll to 55,000 Bibles The AG had decided to deny the contract renewal of the now-former counsel, Cara Nicklas, for the Oklahoma State Board of Education. State Superintendent Ryan Walters seemed surprised by the move, as he said they were only given a day's notice. However, the subject of Nicklas' contract had been communicated at least once since early October (Oct. 4) between OSDE General Counsel Michael Beasley and the Attorney General's Office. Attorney General Gentner Drummond denied her possible renewal on Wednesday and gave the board several options before Thursday's meeting. The board decided to use Clark as counsel for now. Most of the items in Thursday's meeting were tabled due to the new counsel coming in. The reason given was they wanted further time to discuss the items with Clark even though he told the board he was very well-versed in the legal session of the agenda. In the past, there have been disagreements between Nicklas and the AG's office. Recently the Attorney General accused her of having a “brazen disregard” of his staff’s legal advice. This stemmed from the effort to make sure legislators were allowed in closed-session meetings. Since Nicklas' opinion on the matter, the board has kept relatively most executive session items in the open. Drummond warned Nicklas in an August 16 letter that he has the discretion to reject her law firm’s approval to represent the board. He said that her original contract ended June 30, 2024. The board could now either keep Clark on as counsel, use in-house (Beason or others) as counsel, or hire from outside. The outside hire though could be more costly than hiring from the AG's office. "I will say the Attorney General's rate is $85 an hour so you will get a substantial discount," said Clark at Thursday's meeting. According to an application from Nicklas to renew, she had listed her price at $300 an hour, whereas Clark said, to hire from the Attorney General for counsel would be $85 an hour. Using Beason as the counsel for the board, Clark said wouldn't be an ethical choice. Also to note, Beason is an attorney on many lawsuits involving Walters or OSDE. This would mean he would be counsel for OSDE and counsel for OSBE if that is what they chose to do. It's unknown what the board will decide to do but as of Thursday, there is no job listing on the state website for a General Counsel position at OSBE or OSDE. Superintendent Walters denied speaking with reporters and answering questions.
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