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Auditor: 'Lack of transparency' in OTA but no current laws broken

Auditor: 'Lack of transparency' in OTA but no current laws broken
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OKLAHOMA CITY — Oklahoma Auditor & Inspector Cindy Byrd criticized what she considered a lack of systematic transparency while clearing Oklahoma Turnpike Authority of breaking the law in a March 4 audit findings announcement.

The state auditor pointed out her office's investigative audit was the first conducted by the state of OTA in the authority's nearly 79-year history.

WATCH: Auditor: 'Lack of transparency' in OTA but no current laws broken

Auditor: 'Lack of transparency' in OTA but no current laws broken

In March 2023, Oklahoma Attorney General Gentner Drummond floated improper transfers took place between the OTA and Oklahoma Department of Transportation plus improper contracting and purchasing practices, thus requesting the audit.

In 2022, a judge ruled OTA violated the Open Meetings Act, though the Oklahoma Supreme Court later overturned the ruling.

In 2024, Drummond himself ordered then-OTA executive director Tim Gatz to resign from his dual roles that included Secretary of Transportation and Oklahoma Department of Transportation director, both appointed by Gov. Kevin Stitt. On Feb. 25 of this year, Gov. Stitt re-appointed Gatz to transportation secretary.

Later in 2024, OTA announced a price hike for toll roads throughout the state to cover costs of ACCESS Oklahoma.

While detailing many faults in OTA's governing and operating structure during its years designing and planning ACCESS Oklahoma projects, Byrd said no laws were outright violated but that OTA showed a lack of transparency.

"I'm not saying coordination has occurred. I'm saying OTA has not put any guardrails in place to prevent it," Byrd said, also detailing that contractors Poe Engineering and Olsson Engineering were improperly given access to picking their own subcontractors.

"I am also calling on OTA to eliminate all potential conflicts of interest and to verify receipt of services for every single contract before issuing payment. These are basic accounting practices and we have given OTA extensive recommendations on how to close these gaps."

Byrd added that only the Oklahoma State Legislature can force better practices by the authority.

"What this audit highlights is just how broad, unrestrained, and unchecked OTA's legal authority is." the auditor said. "I said the OTA was granted a blank check (in 1947) underwritten by Oklahoma taxpayers and by more than $1 million it collects daily for tolls. It's very important to remember that the law allows for this. It is also important to remember that legislators can amend these laws at any time."

>>>Read the state auditor's findings and presentation slides here.

Amy Cerato of the grassroots watchdog group Pike Off OTA said afterwards she isn't surprised by the audit's limited findings, pointing to a dire need for lawmakers to step in.

"My problem is we don't have a state law to hold anyone accountable," Cerato said. "So (the OTA) could say, 'too bad, too sad,' then keep going on for the next 70 years with what they've been doing and nothing would change."

OTA released a lengthy statement in response to the audit's findings.

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Attorney General, Drummond also released a statement shortly after the March 4 news conference.

“While the audit did not uncover criminal misconduct, the findings should not be mistaken for an agency’s clean bill of health. The audit made clear the need for increased oversight, accountability and transparency at the OTA. A court finding that an agency willfully violated the Open Meetings Act is not a case of bureaucratic red tape. It is a signal that an agency believes it can operate beyond the scrutiny of the public it serves. I urge the OTA's leadership to take the audit's findings seriously and use this as an opportunity for meaningful reform. My office will continue to monitor the OTA's operations and will not hesitate to act should future conduct warrant further review.”
Attorney General Gentner Drummond

State Sen. Mary Boren (D-Norman) also spoke with Oklahoma media afterward, noting that changes in OTA oversight are popular among both sides of the political aisles except in positions of power that are "aligned to lobbyists and special interests" loyal to OTA officials.

"I'm willing to continue to empower Oklahomans to hold their government accountable," Sen. Boren said. "If this keeps going we could get to a point where people are paying $200 a month to get to work on a toll road."


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