Tim Gatz on Wednesday resigned as Transportation secretary and director of the Oklahoma Turnpike Authority in response to an opinion issued by Attorney General Gentner Drummond that no one person serve in the two positions in addition to leading the Oklahoma Department of Transportation. 

Gatz held all three titles before Wednesday.

The opinion was one of two issued by Drummond that went against the Oklahoma Turnpike Authority. A second opinion upheld the constitutionality of a 2013 law that diluted the governor’s exclusive appointment powers to the turnpike authority’s board of commissioners. 

Gatz was named executive director of the Oklahoma Turnpike Authority in 2016 and then was appointed secretary of transportation and director of the Oklahoma Department of Transportation in 2019. 

Gatz’s resignation on Wednesday was effective immediately. Gov. Kevin Stitt quickly reappointed Gatz to his post at the Transportation Department. Stitt’s spokeswoman said the reappointment won’t require Senate confirmation because it was previously confirmed in 2019. The reappointment to the Transportation Department position was necessary because Gatz’s most recent appointment was as secretary of transportation, essentially voiding his appointments to the OTA and ODOT.

More: Oklahoma needs $25 billion to fix crumbling infrastructure. But the focus is on tax cuts

Stitt disagreed with both the challenge to the leadership of state transportation agencies and the bill that split his appointment power to the turnpike board. The bill gave appointment powers to the House speaker and Senate president pro tempore. 

Gatz did not comment on the opinions on Wednesday. Drummond said in a news release his opinion operates as an effective resignation of Gatz’s role as the executive director of OTA. 

Challenges faced at the OTA amid the push for ACCESS Oklahoma

Stitt and Gatz saw challenges to leadership at the OTA as they pushed for ACCESS Oklahoma, a five-year, $15 billion turnpike expansion plan that includes construction of new toll roads in and around Norman that will require acquisition of dozens if not hundreds of homes. 

“Tim Gatz has dedicated his career to serving the state of Oklahoma for 34 years,” Stitt said Wednesday. “He is highly sought after by businesses and governments all over the country but has chosen to stay here and serve his state. I am disappointed that he is the victim of pointless politics.” 

Before House Bill 2263, the governor made all six appointments to the turnpike authority. The legislation reduced that to two appointments, with the speaker of the House and Senate president pro tempore appointing two members apiece. 

Turnpike commissioners last month unanimously voted to challenge the law, which also requires that they file annual financial reports disclosing potential conflicts of interest.  

Commission Chair John Jones said the law, left unchallenged, could put at risk any actions taken including ACCESS Oklahoma implementation. 

Drummond’s opinion explains that HB 2263 does not violate the state Constitution’s separation of powers provision for three key reasons: 

• Legislative acts are strongly presumed to be constitutional “unless it is clearly, palpably and plainly inconsistent with fundamental law”. 
• The Legislature can provide for the appointment of executive offices by a person or entity other than the Governor.
• The bill in question is consistent with the balancing factor test used to determine the constitutionality of legislative appointments to state boards and commissions.

More: ACCESS Oklahoma construction starts next week with Turner Turnpike widening

In his opinion over Gatz holding three positions, Drummond wrote a person cannot hold multiple positions without a legislative exemption. 

“As of the time of writing, the Legislature has enumerated thirty exceptions to this prohibition,” Drummond wrote in his opinion “However, none of these exceptions apply to the Secretary of Transportation, Executive Director of the Oklahoma Department of Transportation, or Executive Director of the Oklahoma Turnpike Authority.”