The Oklahoma County Board of Commissioners today approved a memorandum of understanding to use nearly $40 million in American Rescue Plan Act funds to construct a new behavioral health center despite objections from local activists over the project’s uncertain future.
Slated to be built alongside the new $700 million Oklahoma County Jail tenuously proposed for 1901 E Grand Blvd., the behavioral health center would be constructed entirely with ARPA funds. That means those funds had to be encumbered by the last day of this year under ARPA rules. The BOCC took care of that Monday.
“We’ve already voted on these things a number of times procedurally to get to this point,” District 2 Commissioner Brian Maughan said. “What we did with this and a series of other APRA projects today was to crystalize that in the formality of an MOU, and that’s the legality part because it moves us to the next phase.”
‘You do a shitty job, and he is corrupt’
But Monday’s vote on the MOU did not occur without protests, which included colorful language and questions from those opposed to the project about whether one of the people voting should have that right at all. When former District 1 Commissioner Carrie Blumert resigned in the fall to become executive director of Mental Health Association Oklahoma, her deputy, Joe Blough, began casting votes on behalf of District 1.
Similarly, both Maughan and District 3 Commissioner Myles Davidson faced harsh criticism from several members of the People’s Council for Justice Reform during the public comment section of Monday’s meeting. That group has been outspoken in its objections to both the new jail and the behavioral health center since discussion of the projects began two years ago. Prior to that, however, the group’s members routinely spoke in objection to conditions and outcomes at the current Oklahoma County Jail, a deteriorating 13-story tower viewed as one of the worst detention facilities in America.
Restaurant owner and former Village City Council member Sean Cummings has opposed the new jail’s construction, calling the entire process flawed and corrupt.
“I was going to bring a mop in today to clean up the shit in this room, but I could only get toilet paper through downstairs,” Cummings told commissioners while clutching a bog roll.
Next, Cummings voiced his criticism directly to Maughan and then Davidson.
“You do a shitty job, and he is corrupt,” Cummings said. “So we’ve got land that his buddy made 305 percent on in eight years that’s not zoned properly, and now you’re going to put $40 million into it? Are you f’ing kidding me?”
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The property at 1801 E. Grand Blvd. — where Maughan and Davidson have voted to place the jail and behavioral health center — was purchased by the county for $5 million in June. That property had been owned by Patrick Garrett, a longtime friend of Davidson and a contributor to his 2022 campaign for county commissioner. Davidson has repeatedly denied any wrongdoing in the transaction. A petition for a grand jury to investigate Davidson on ethics grounds fell short earlier this year.
Midwest City Ward 5 Councilwoman Sara Bana, a member of the People’s Council for Justice Reform, is running for the vacant District 1 seat on the Oklahoma County Board of County Commissioners. Candidate filing runs through 5 p.m. Wednesday, and a primary election is set for Feb. 11.
Speaking at Monday’s meeting, Bana told commissioners, and Blough, that the $40 million of ARPA dollars should be used elsewhere.
“We always understood that you had intentions of using the ARPA funds for the behavioral health portion of the jail,” Bana said. “However, given the way that things have unfolded today — the fact that you have purchased the land that is not properly zoned for the infrastructure you hope to put there — I think that should cause any responsible leader in our community to reconsider how we proceed forward. I think we have an opportunity to take that $40 million and invest it in existing qualifying ARPA projects here and now, where the county taxpayers get to benefit and not take the risk of gambling with it.”
Oklahoma County vs. OKC court case looms large
That alleged gamble comes in the form of a court case between the City of OKC and Oklahoma County. Earlier this year, the OKC City Council denied a request to rezone the Grand Boulevard property. Rather than seek another site, the county opted to file litigation route and is currently locked in a court fight with the city over whether a county has sovereign authority to build a jail on property it owns without regard to municipal zoning. That case isn’t expected to be resolved until early in 2025.
“If they lose this lawsuit and that land is not rezoned, not only will they have wasted taxpayer money and irresponsibly spent it, it’s likely that on top of that we will have to pay that same amount back to the federal government for misuse of funds,” People’s Council for Justice Reform member Mark Faulk said at a press conference before Monday’s meeting.
Davidson pushed back on that point in his own media gaggle after Monday’s meeting, saying the risk is minimal while noting the county has already distributed ARPA money to smaller projects throughout the county since those funds became available three years ago.
“It could be reallocated for anything that we have already previously had MOUs with,” Davidson said. “Like Fields and Futures and like with the On Call Project, with all of these great projects that the other two representatives and commissioners have put together. We will have the ability to increase the amount of money that we’re actually able to give them. That money will not be lost.”
Maughan said the overall issue remains the same: The county needs the facility, and it needs it as fast as possible.
“The reason we’ve been panicked about trying to get this done is because we recognize that this is an important thing for this community,” he said following the meeting. “We desperately need something besides a one-size-fits-all cell at our jail. We know we’re dealing with mental illness many times when we’re booking someone as soon as they’re arrested, and these monies are encumbered because it’s our chief priority, and it has been since day one that we build this component with the jail.”
Blough explains his role
Several speakers objected to Blough voting on the MOU given that he is not an elected official. Blough was selected by Blumert as her chief deputy, and he stayed on in that role after her departure. Following Monday’s meeting, he addressed those concerns.
“The statutes are clear,” Blough said. “The DA’s office and the Legislature put it in place that a chief deputy would serve in the event of a death, resignation or absence of the county commissioner. I’ve worked for District 1 my entire career. I’ve served three county commissioners and an interim county commissioner. I don’t live here, that is true. But I have served the people of Oklahoma County District 1 for 19 years now, and I will continue to do so.”