Todd Hiett ethics investigation
The Oklahoma Ethics Commission conducts a meeting Thursday, Jan. 16, 2025. (Michael McNutt)

With an independent misconduct probe authorized by the Oklahoma Corporation Commission ongoing, Commissioner Todd Hiett is also being investigated by the Oklahoma Ethics Commission on complaints he violated conflict-of-interest ethics rules by giving his approval to issues involving Oklahoma Gas & Electric, including an interim order in November approving the utility’s proposed $126.6 million rate hike.

Saying the matter is in the public’s interest, members of the Ethics Commission took the rare move Thursday to authorize staff to identify the subjects of three complaints filed last year. Superintendent of Public Instruction Ryan Walters is the subject of two of those investigations, and Hiett is the subject of the third.

Regarding Hiett, Ethics Commission executive director Lee Anne Bruce Boone said in an email after the meeting that the only information approved to be released is that the commission “is actively investigating a complaint” against the former speaker of the Oklahoma House.

“The complaint is entitled ‘In the Matter of Commissioner Todd Hiett’ regarding an alleged conflict of interest, Rule 4, violation,” Bruce Boone wrote.

Although matters taken up by the Ethics Commission are typically kept confidential, it had been speculated for months that a complaint had been filed against Hiett, who was accused of getting blackout drunk and groping an energy industry employee at a conference over the summer in Minneapolis. According to written accusations documented by witnesses in Kansas, an intoxicated Hiett repeatedly touched a man and grabbed his crotch in a hotel lobby. The man reportedly works for a company that is regulated in Oklahoma by Hiett and the other two Corporation Commission members.

Rep. Tom Gann (R-Inola) removed any doubts about the existence of an ethics investigation when he said he filed a complaint against Hiett in September with the Ethics Commission. He made the disclosure in a December press release to announce he, Rep. Kevin West (R-Moore) and Rep. Rick West (R-Heavener) had filed an appeal with the Oklahoma Supreme Court to overturn the OCC’s November order granting OG&E’s rate increase.

RELATED

Ryan Walters campaign violations

Ethics Commission to subpoena Ryan Walters for campaign records by Michael McNutt

Gann and the Wests unsuccessfully asked the Oklahoma Supreme Court last year to disqualify Hiett from hearing certain cases, including ones involving OG&E. Gann said in his Dec. 20 release that he sent the Ethics Commission a six-page supplement to his original Sept. 10 complaint filed against Hiett. With 250 pages of exhibits, it documents more than 15 additional occasions of Hiett allegedly violating State Ethics Rule 4.7 since the original complaint was filed, Gann said.. Ethics Rule 4.7 prohibits state officers from participating in matters in which their impartiality might reasonably be questioned.

Hiett and Corporation Commission Chairwoman Kim David voted for the OG&E rate increase while then-Commissioner Bob Anthony dissented. Gann said that made Hiett the deciding vote in the case even though he believes state ethics rules prohibit him for participating.

“OG&E employs attorneys who hosted a party on June 21, 2023, where Hiett is alleged to have committed multiple criminal acts, including drunk driving, sexual harassment and indecent exposure,” Gann and the Wests were quoted as saying in the release.

Gann said Friday he did not know the Ethics Commission would make his complaint public, but he said he is glad all five commissioners voted to do so.

“I think it shows how important it is for them to make sure that the public’s aware (…) and that they’re looking into it,” Gann said. “I understood it just to be a matter of transparency to the people. And I’m glad that they thought that that needed to be done.”

Hiett was less enthused.

“I don’t see this being newsworthy as Rep. Gann announced his conflict-of-interest complaint months ago in violation of the Ethics Commission’s rules of confidentiality,” Hiett said in a text message. “I have participated in the investigation and clearly demonstrated there is no basis for a conflict of interest. I feel certain the commission will dismiss the complaint and see it for what it is — a political witch hunt.”

Gann uncertain about filing impeachment articles against Hiett

From left: Oklahoma Corporation Commissioner Todd Hiett, Commissoin Chairwoman Kim David and Commissioner Brian Bingman discuss an item during their meeting Wednesday, Jan. 15, 2025. (Michael McNutt)

Matters taken up by the Ethics Commission are usually confidential, with investigations and complaints identified only through case numbers. Identification of those being investigated usually occurs only after a settlement agreement is reached or court action is taken.

RELATED

Ryan Walters ethics rules

Second ethics probe examines Ryan Walters for social media, political activity by Michael McNutt & Sasha Ndisabiye

However, the Ethics Commission on Thursday also voted to disclose two separate investigations of Superintendent of Public Instruction Ryan Walters. One involves his campaign committee reporting during his 2022 election, and the other deals with possible violations of state ethics rules concerning his use of state money, property or time when posting comments on social media supporting political candidates and causes.

Calls for Hiett to resign from the Corporation Commission have occurred since July, after it when the misconduct allegations in Minneapolis surfaced. Hiett, who claimed he has no memory of grabbing the man’s crotch, resigned as commission chairman and said he was seeking treatment.

The Oklahoma Corporation Commission in August hired a law firm to conduct an investigation into the Hiett’s behavior, which has been discussed in state government circles for years. The probe is believed to be ongoing, and David has said she anticipates its findings will be made public.

Gann said he filed the additional information with the Ethics Commission after Supreme Court Vice-Chief Justice Dana Kuehn wrote Dec. 9 in an 8-0 Supreme Court ruling — which denied Gann’s request for a writ of prohibition disqualifying Hiett — that the Ethics Commission is “the most appropriate forum for this disqualification request.”

“The Ethics Commission has the power to investigate the complaint, gather evidence, hold hearings and give respondent an opportunity to be heard before resolving the ethics claim,” Kuehn wrote in her concurring opinion. “While the Constitution and statutes are silent on this court’s ability to disqualify a sitting elected official from a particular case, the ethics rules explicitly provide for it.”

While Gann said he is encouraged by the Ethics Commission’s disclosure of its investigation into Hiett, he said he is uncertain if he will work to get articles of impeachment filed against Hiett during the 2025 legislative session.

“You know, that’s a good question,” he said Friday. “That’s something that we’ll just have to consider and continue to ponder, and I can’t really answer that yet.”

  • Michael McNutt

    Michael McNutt became NonDoc's managing editor in January 2023. He has been a journalist for nearly 40 years, working at The Oklahoman for 30 years, heading up its Enid bureau and serving as night city editor, assistant news editor and State Capitol reporter. An inductee of the Oklahoma Journalism Hall of Fame, he served as communications director for former Gov. Mary Fallin and then for the Office of Juvenile Affairs. Send tips and story ideas to mcnutt@nondoc.com.

  • Michael McNutt

    Michael McNutt became NonDoc's managing editor in January 2023. He has been a journalist for nearly 40 years, working at The Oklahoman for 30 years, heading up its Enid bureau and serving as night city editor, assistant news editor and State Capitol reporter. An inductee of the Oklahoma Journalism Hall of Fame, he served as communications director for former Gov. Mary Fallin and then for the Office of Juvenile Affairs. Send tips and story ideas to mcnutt@nondoc.com.