While officials blame each other for omissions on the Oklahoma Department of Transportation’s 1992 Beechcraft King Air’s flight logs, some legal experts say state law requires users to cite the reason for all flights and to clearly state who is aboard.
But the state law that requires such disclosures contains no consequences, such as fines, for noncompliance.
Traveling the country
In all, an Oklahoma Voice analysis of flight logs, which were obtained through an open records request with the state Department of Transportation, found the Governor’s Office authorized over 100 flights over five years that cost taxpayers nearly $301,000.
Stitt and his wife used the state plane to travel on the taxpayer dime to destinations like Branson, Missouri; Nashville, Tenn.; Phoenix; Durango, Colorado; and various Texas cities, including Waco.
Up until 2023, Stitt’s travel on the plane was split almost equally between Oklahoma destinations and those out of state.
But in 2023, over 80% of the flights were to destinations outside Oklahoma.
And, as out-of-state travel increased, records show officials became more secretive about the purpose of those flights and redacted passenger names more frequently. Only once in 2023 did the Stitts — or their guests — disclose the purpose of their travel.
Pointing fingers
Early in his first term, Stitt made headlines announcing he was selling the state plane, which was maintained by the Department of Public Safety. Since then, he has relied on other state entities for his air travel.
State law requires DPS to provide transportation and security for the governor and his family, but an agency spokesperson could not provide a list of rules governing use of the plane.
Stitt spokesperson Abegail Cave said DPS determines the best way to transport Stitt to and from events.
Cave, though, referred questions about the missing flight log information back to ODOT, who she said “handles the logistics and pricing” and is responsible for filling out the paperwork for each flight.
She did not respond to questions about who made the redactions on more than four dozen flight logs, nor did she cite what provision of law allows it despite repeated requests. Oklahoma Voice also requested unredacted records in April from Stitt’s staff, but the Governor’s Office gave no response.
Cave said the names of the Stitts’ children and security detail were the only redactions.
She would not say if the governor was using the plane for personal reasons and did not respond to a question of whether Stitt had reimbursed the state for any of the flights.
“ODOT does not redact any information completed for use of the plane by another state agency or the governor’s office,” said Brenda Perry Clark, an ODOT spokesperson. “Questions about flight specifics should be directed to the agency responsible for the trip.”
Democrat Tom Gruber, a former Oklahoma Ethics Commission chair and a former first assistant attorney general, said the law requires passengers to be listed. Redactions to it are illegal, he said.
No limitations
A 1997 Attorney General’s opinion and 1998 Oklahoma Supreme Court opinion do not require limitations on how the plane can be used by the governor, said Phil Bacharach, a spokesperson for Oklahoma Attorney General Gentner Drummond.
“Both the AG opinion and the Court determined that the legislature intended a broad interpretation of this section,” Bacharach said.
But another state law, House Bill 3226, passed in 1998, requires a document that asks passengers whether the trip meets a series of requirements, including whether the trip is for a political purpose. If the passenger selects yes to any of the questions, the trip is not allowed, according to the form.
The same law requires the purpose of all flights and a list of all passengers.Bacharach said no exemptions to the requirement are found in the statute or DPS rules.
“If you are going to follow the law, you have to follow the entire intent of the law and the intent is that you list who the persons are that are on the trip,” said former House Speaker Loyd Benson, D-Frederick, who authored House Bill 3226.
He said transparency was the intent, regardless of which agency owned the aircraft.
“I think our intent was that state planes should be used for state business, not personal business,” Benson said.
Former GOP Gov. Frank Keating said recently that he thinks the disclosures are reasonable.
“It belongs to the state of Oklahoma, so that would not bother me in the least,” he said.
He said an earlier law requiring DPS to provide security and transportation to the governor was “a green light” for all travel.
In 1996, Keating drew the ire of the Democratic-controlled Legislature for using the state plane to travel to more than 60 Republican political events and fundraisers.
He combined trips with visits to schools and tours of local businesses that were part of his official duties as governor, according to news reports.
In response, lawmakers passed — and Keating signed — House Bill 3226 prohibiting the use of state aircraft for political purposes, among other things.
Who should pay for the trips?
The Oklahoma Department of Transportation is not reimbursed the cost of trips the governor or his wife take, department officials said.
But if the governor is using the plane for personal reasons, he should reimburse the state for the costs, said Richard Briffault, the Joseph P. Chamberlain Professor of Legislation at Columbia Law School and a government ethicist.
It’s not clear if Stitt or his wife, Sarah, are using the plane for personal reasons.His office, however, repeatedly said they are complying with the law.
Bacharach agrees, in part.
“We believe it is clear that transportation by the first family is allowed even when the governor is not present,” Bacharach said.Records show Stitt and his wife took several unexplained trips to Waco, where their daughter graduated from Baylor University in December 2022.
In March 2023, the state plane traveled to Durango, Colo., to drop off Stitt, his wife and four unknown passengers and returned a few days later to pick them up.
Stitt, Cave, and two unknown passengers traveled on Aug. 21, 2023, to Eagle Pass, Texas, to join Texas Gov. Greg Abbott to criticize President Joe Biden about border policies. But no purpose for the trip was listed on the log.
In December, Stitt flew to Dubuque City, Iowa, but no purpose for the trip was given.
The governor and his wife also took an unexplained trip to Santa Fe, New Mexico, together.
In 2023, records show Sarah Stitt used the plane without the governor about 10 times at a cost of over $31,000. Stitt’s office said she is allowed to use the plane even though he is not a passenger.
Records show she took unexplained trips without her husband to Tallahassee, Florida; Texas; Nashville; Branson; Wichita, Kansas; and Siloam Springs, Arkansas.
On at least six occasions, the Governor’s Office also allowed others to use the plane without either Stitt being listed as a passenger. Those flights cost taxpayers about $13,000, according to records.
For instance, ODOT’s plane was requisitioned by the Governor’s Office to fly passengers to Baton Rouge, Louisiana, with a listed purpose of visiting the Louisiana State Penitentiary in nearby Angola, and to Chicago as part of a planned state visit to Azerbaijan.
In May 2023, the state plane left Oklahoma City with six passengers bound for Phoenix, returning a few hours later. No purpose of the flight was listed. Stitt and his wife were not listed among the six passengers on the trip.
Sen. Mary Boren, D-Norman, said the law requiring the reporting of passengers and trip purposes needs to include consequences for failure to do so.
Lawmakers should put limits on the travel for members of the first family, Boren said.
Stitt, who ran a mortgage company before he was elected, should have to reimburse the state for personal travel on state-owned planes, Boren said.
Oklahoma Voice editor Janelle Stecklein contributed to this report.
Oklahoma Voice is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Oklahoma Voice maintains editorial independence. Contact Editor Janelle Stecklein for questions: [email protected].