November 29, 2023 Issue, Page 24 of 24

Page Text

8- The Elk City News November 29, 2023 Treasurer Criticizes Private-Public Court Pension System For Debt Collection Scheme Taking Exemption His Office Exercised Continues to Profit When Aberdeen Enterprizes II ty sheriffs across the state, Il, to notify individuals of their Oklahoma Treasurer Todd get set back up with somebody quickly in taking the exemp- threatened to have her arrest- received more than $2 million right to request a cost hearing Russ has publicly criticized one else.” tion. ed over $1,200 in outstanding from Aberdeen Enterprizes II if they are unable to pay the of the state’s largest pension Russ said JP Morgan's inclu- Russ was the loneno vote when court fines and fees, Kendy between 2017 and 2021. The debt. funds for taking an exemption sion on the restricted financial the OPERS board voted 9-1 in Killman became a prisoner in sheriff's association received Sterling said the legislation to a new law forbidding state company list was from the fi- her own home. more than $415,000 from the pension funds from doing nancial company’s investment August to exercise a financial will ensure that criminal de- The mother of eight feared arrangement in 2021, account- fendants statewide are treated business with financial compa- policies. He conceded that responsibility exemption to being arrested unexpectedly, ing for nearly 40% of the orga- fairly. Some district court judg- nies perceived to be hostile to profits from all of the compa- the law so it wouldn't have to so she avoided unnecessary nization’s total revenue. ny’s operations, whether bank- es are overly harsh while oth- the oil and gas industry. divest $6 billion in pension trips to the grocery store or Since 2010, state law has au- ers are too lenient, he said. But Russ has quietly taken an ing or investments, were going assets managed by BlackRock thorized county sheriffs to her children’s school. She said exemption to the law when it to the same corporate entity. “Tt was just not a very effi- Inc. Staff for the pension sys- the third-party debt collector refer unpaid debt cases to the cient system,” Sterling said. “It comes to investments man- “The parent company’s philo- sheriff's association, which tem said it could cost an esti- rejected her proposition to set aged by his own office. The sophical position is what it is, up a monthly payment plan, over the past 13 years has com- wasn’t working, This is maybe treasurer's office exercised even though the banking side mated $10 million to divest wanting only a lump sum or piled the information and for- not perfect, but we feel like it’s one for services from Bank of doesn’t make those kinds of holdings from BlackRock. nothing at all. warded it to Aberdeen Enter- astep in the right direction.” America and is negotiating decisions on the investment ‘The OPERS letter to the State “They would call once a week to prizes II. The collection agency Also taking effect this month is with JP Morgan Chase on an- portfolios,” Russ said. “But Pension Commission, dat- threaten me, saying you're go- tacks on a 30% collection fee, House Bill 2041, which autho- other exemption. Both compa- until we can find appropriate ed Nov. 9, said the OPERS ing to jail and they’re going to rizes law enforcement to give a which is split with the sheriff's nies are among six Russ placed relationships, we can’t really come to your house and arrest verbal warning to individuals board properly followed the association after payment is on a list of restricted financial separate ourselves from those you,” Killman said. “And I said received. with outstanding misdemean- companies. accounts. They are more of a law in taking an exemption. OK, there's nothing I can do Reached by phone, Aberdeen or warrants and advises them ‘The exemptions illustrate how day-to-day checking account ‘The pension system's request about it. When you have no re- director Robert Shofner de- to contact the county clerk to tricky it's been for pension than an investment.” for proposal process for other sources you have no resources. clined to comment. Ray Mc- resolve the issue. Rep. Monroe funds like the Oklahoma Pub- Retiree files lawsuit over law potential investment manag- So I just kept waiting for them Nair, executive director of the Nichols, D-Tulsa and Senate lic Employees Retirement Sys- On Monday, a pensioner and ers attracted 51 responses, a to show up.” sheriff's association, did not Pro Tem Greg Treat, R-Okla- tem to navigate the Oklahoma former officer at the Oklaho- number in line with industry Cleveland County deputies respond to several telephone homa City, sponsored the mea- Energy Discrimination Elimi- ma Public Employees Associa- arrested Killman on a failure- messages seeking comment. sure norms. nation Act. Lawmakers passed tion sued the treasurer's office to-pay warrant in June 2016 In federal court filings, Aber- Criminal justice reform advo- the law last year in response over the energy discrimina- “It is important to note at the during a routine traffic stop. deen and the sheriff's associa~ cates have long criticized the to concerns that large public tion law, Attorneys for Tulsa outset that despite the claims, Her debt was finally settled in tion attest that their conduct state’s reliance on fines and financial companies were too retiree Don Keenan filed for a criticisms, misunderstandings November 2018, nearly a de- did not violate federal or state fees to fund district courts and focused on climate pledges and temporary restraining order of law and fact made in the cade after she was convicted Jaw. John R. Woodard and Jen- some state agencies. Since Fis- goals at the expense of invest- in Oklahoma County District (Pension Commission) _let- of misdemeanor possession of nifer Struble, Tulsa-based at- cal Year 2007, between 66% ments in fossil fuels. Court. Keenan worked for the ter and rhetoric displayed in marijuana in 2009. torneys representing Aberdeen and 90% of the state’s district ‘The treasurer's office has hun- state for 11 years and later was Killman is one of seven plain- Enterprizes II, wrote in a July meetings and the news media, court funding has come from dreds of millions of dollars in- a human resources director at tiffs in a 6-year-old class-action filing that the company can- fines and fees. Approximately vested with JP Morgan Chase a Tulsa refinery. the OPERS Board of Trust- lawsuit challenging Oklaho- not be expected to be neutral 25% of court debt assessed is money market accounts, part ‘The lawsuit said the law is un- ees and staff have been com- ma’s court debt collection pro- because of how the debt collec- ofa $16 billion portfolio man- constitutional and interferes pletely open and transparent cesses, which remains pending tion industry works. collected, The Frontier report- aged by the office. Bank of with the duties of pension sys- in all actions and have at all in the U.S. District Court for For the petitioners, who often ed last year. America, meanwhile, provides tem trustees to operate for the times been willing to answer the Northern District of Okla- struggle to pay for both neces- While Gov. Kevin Stitt and leg- credit card services to the exclusive benefit of their ben- homa. The plaintiffs claim Ab- islative leaders have indicat- sities and the fees, the threat any questions regarding the state, eficiaries. It also said the law erdeen threatened indigent of arrest can be devastating. ed support for reducing some “The State Treasurer has deter- was overly vague and violated REP process and the resulting debtors with jail time and Killman, for instance, receives court fines and fees, several mined that Bank of America free-speech protections. actions taken by the Board of worked with sheriffs across the a monthly disability benefit to bills seeking to tackle the issue provides services to the Trea- “As a former employee of Trustees,” the 16-page letter state to issue arrest warrants support her as she cares for her have fizzled out in recent legis- surer’s Office that are not oth- Sinclair Tulsa Refinery, Mr. said. when payment did not come. disabled son. lative sessions. erwise reasonably available,” Keenan does not have any Last month, the Senate held Federal law prohibits debt col- Some indigent defendants will A proposalfiled this year aimed said a May 3 letter to Bank of objections to oil and gas op- an interim study on the im- lection agencies from threat- see relief under a state law that at reducing administrative fees America’s public sector bank- erations and believes they are ening arrest because of a lack took effect Nov. 1. placed on defendants cleared ing division. “Accordingly, the important and critical to the plementation of the energy of payment. However, Okla- House Bill 2259 by Rep. Dan- the House but did not receive a State Treasurer fully intends to world economy,” the petition boycott law. Russ told senators homa law authorizes district ny Sterling, R-Tecumseh and hearing in the Senate. In 2022, continue the current contrac- said. “However, as a retiree courts to issue failure-to-pay Sen. Brent Howard, R-Altus, a bill that would have waived the law needs to be clarified on tual relationship with Bank of under the OPERS system, Mr. how exemptions are taken. He warrants if a defendant has requires judges to notify de- court costs after 48 to 60 America as it applies to credit Keenan does object to his re- also agreed with several sena- not paid their fines and fees or fendants of their financial ob- months of on-time payments card services until further no- tirement benefits being de- tors that a provision affecting made contact with the court- ligations at the time of plea unanimously cleared the Sen- tice.” pleted because the State of house. or sentencing and allow them ate but stalled in the House. cities and counties should be In an interview, Russ said the Oklahoma believes that mak- ‘The lawsuit, which is in the to present evidence that they Killman, who secured sta- state’s JP Morgan holdings are removed from the law. written argument stage, is ing political statements with are indigent. Those who are ble employment and moved from typical banking opera- retiree dollars is more import- The State Financial Officers credited with prompting legis- classified as totally disabled by with her eight children from a tions offered by the company, ant than taking care of retirees Foundation, a nonprofit head- lation reforming how Oklaho- a government entity, receive two-bedroom apartment to a not its investment division. themselves.” quartered in Kansas, has been ma courts determine a criminal state or federal nutrition or defendant's ability to pay court housing assistance or whose four-bedroom house after pay- His office continues to negoti- In an emailed statement, Russ supplying talking points and ing off her court debt, said she's ate with JP Morgan on a possi- said the spirit and intention of opinion columns to Russ and fines and fees. Despite the fed- income is below 150% of the hopeful the state will continue ble exemption. the law is to protect Oklaho- eral litigation the Oklahoma federal poverty line will be “It’s not really an investment mans and the economic base fellow Republican state trea- Sheriff's Association continues presumed unable to pay court to make strides in reforming with them, and they're not of the state. to profit from a partnership debt. Using 2023 federal pov- surers and financial officials. its court fines and fees sys- holding a pure investment,” Meanwhile, OPERS has re- The materials critique the with Aberdeen Enterprizes to erty guidelines, an individual tem, She said a good next step Russ said. “That is an area that sponded to a September letter climate policies endorsed by collect unpaid court debt. with an annual income of less would be to outlaw third-party at least for a while, we're going sent by the Oklahoma State shareholders of publicly trad- Tax forms filed with the In- than $21,870 or a family of court debt collections. to have to make some excep- Pension Commission at Russ’ ed banks and financial firms, ternal Revenue Service show four earning less than $45,000 “That should not even be le- tions because there's not any- request criticizing its process the Oklahoma Sheriff's Asso- per year would qualify for re- gal,” Killman said. “All it does part of a broader effort waged ciation, a 501(c)(3) nonprofit one that can actually handle for taking an exemption to the lief. is cause more stress and cause some of the transactional vol- energy boycott law. Russ, who by conservative groups against that organizes training, offers ‘The legislation also requires people to owe more than what umes. And it would probably chairs the State Pension Com- environmental, social and gov- administrative support and outside collections agencies, they began with. It just makes take us 18 to 24 months to mission, said OPERS acted too ernance policies. lobbies on behalf of 77 coun- such as Aberdeen Enterprizes it harder on a person.” Send to [email protected] with a description!