State representative sues Stitt over return-to-office order, citing separation of powers

A state representative has sued Gov. Kevin Stitt, alleging the governor did not have the authority to issue an executive order in December to require state employees to stop working remotely and return to the office, saying it violates the principle of separation of powers under the Oklahoma Constitution.

Rep. Andy Fugate, D-Del City, filed the lawsuit in Oklahoma County District Court on Friday morning. The case was assigned to District Judge Brent Dishman. Fugate’s attorney, Richard Lebarthe, said that because the case involves only a question of law, he’s hopeful for a quick hearing date and resolution to the case.

“I have grown increasingly concerned at the scope and breadth of the governor’s executive orders and the ways they supersede legislative authority,” Fugate said. “It is not his job to make laws. That is the job of the Legislature.”

Fugate is asking Dishman to declare Stitt’s issuance of the executive order “as exceeding his constitutional or statutory authority,” to declare the order void and to issue temporary and permanent injunctions preventing Stitt from enforcing or implementing the order, which was to take effect Feb. 1.

Fugate said he gave a heads-up to House leaders concerning his lawsuit, but he said he was filing it in his individual capacity as an elected representative.

“The governor doesn’t have the authority to issue this order,” Fugate said. “State employees work for the people of Oklahoma, not the governor. Creating new employment conditions and authorizing money for facilities and office equipment is the Legislature’s job, not the governor’s. His order has also caused chaos for state employees, many of whom rely on remote work.”

Stitt called the lawsuit “typical big government, Democrat behavior” by Fugate.

“Suing to let people stay home and not work? That’s insane,” Stitt said. “State employees work for the taxpayer. The data is clear, employees are more productive and accountable when they are working in the office. For the good of the taxpayer, work from home is over.”

Acting under emergency powers at the start of the COVID-19 pandemic, Stitt issued an executive order on March 12, 2020, in which he told state agencies to “establish and, if necessary, implement a remote work policy that balances the safety and welfare of state employees with the critical services they provide.”

On Dec. 18, 2024, another executive order from Stitt said, “State agencies shall require all full-time employees to perform their work in the office, facility, or field location assigned by their agency, and not from a remote location by February 1, 2025.”

Fugate argues that when the COVID-19 emergency ended in 2021, Stitt’s emergency powers concerning state agencies and where their employees work ended.

Remote work in Oklahoma changed dramatically during COVID

It’s not known how many state workers performed their job duties remotely before Stitt’s executive order in December. A spokesperson for the state Office of Management and Enterprise Services didn’t immediately return a message left Friday seeking that answer.

But some state agencies have dramatically changed how they’ve operated in recent years as remote work has become commonplace in the U.S. and around the world. In May 2020, the Oklahoma State Department of Human Services — the largest state agency — announced plans to close about half of its brick-and-mortar facilities in Oklahoma while not reducing its workforce. At the time, the agency said it would save about $6 million by doing so.

According to a story reported in December by online news outlet Oklahoma Watch, about 44% of the DHS workforce worked remotely in 2024, while nearly 30% of Oklahoma Office of Management and Enterprise Services employees also did so. Oklahoma Watch also reported that about another 60% of OMES employees had a so-called “hybrid” work schedule, in which they worked some days at the office and some days remotely.

State Health Commissioner Keith Reed said last month it could cost as much as $400,000 for that agency to return all of its workers to the office.

This article originally appeared on Oklahoman: Oklahoma state lawmaker sues Stitt over return-to-office order

EMEA Tribune is not involved in this news article, it is taken from our partners and or from the News Agencies. Copyright and Credit go to the News Agencies, email news@emeatribune.com Follow our WhatsApp verified Channel