OSBI investigation continues into Comanche County commissioner

The Oklahoma State Bureau of Investigation is continuing its investigation into a Comanche County commissioner, county officials said Monday.

That discussion came as part of a Comanche County Board of Commissioners agenda item that called for the board to potentially accept a $1,093.07 check from District 1 Commissioner John O’Brien, action that commissioners ultimately tabled. County officials confirmed in mid-July that O’Brien was under investigation by the OSBI.

The agenda item did not specify the reason for O’Brien’s check, beyond citing Oklahoma Statutes, Title 62, Section 335.

That statute specifies when any money is due to a governmental entity (including a county) from the sale, lease or rental of any public property or royalty, or for the compensation of service of public employees, it shall be paid to the treasurer of that entity. The statue also specifies the governing body has the right to credit the account “from which such property was derived or from which payment has been or will be made for such services rendered….”

The resolution considered by commissioners specified the funds were to be deposited into the County Highway Unrestricted Fund.

If the funds had been accepted but no resolution passed specifying where the money would be directed, the funds are to be placed into the county’s General Fund, according to the statute. District Attorney Kyle Cabelka, who advises the board of commissioners, said that was one of three options commissioners had Monday: they could have rejected the check; accepted it and the resolution that specified it be placed in the county highway fund; or accepted the check, but not the resolution (meaning the funds would have been designated to the General Fund).

Commissioners chose a fourth option: tabling the issue, after Central District Commissioner Johnny Owens said repeatedly he had questions he needed answered before he could vote.

“I have not seen anything on this or talked to anybody,” Owens said of why O’Brien is being investigated by the OSBI.

District 3 Commissioner Josh Powers said discussions that could be had during Monday’s public meeting were limited, something “that puts us in a weird spot.” Powers said commissioners couldn’t discuss the issue publicly, and Cabelka couldn’t answer questions publicly, adding that he, too, had questions “but this isn’t the time to ask.”

Cabelka said the investigation “still is being pursued by the OSBI.” But, he also said that, according to state auditors, commissioners could accept the payment from O’Brien, action that wouldn’t cause any problems with future audits. The commissioner’s agenda also specified if the board accepted the payment, “this check is not to be considered as complete and total payment of any misuse of Comanche County property.”

Neither county nor state officials have commented about the investigation, which began in late June. OSBI officials would not comment on the allegations, but confirmed in mid-July that they had spoken with county employees.

Owens said he wanted to discuss the issue because of questions he needed answered, then bring the issue back to the commissioner’s public agenda.

O’Brien has been eastern district commissioner since Jan. 3, after beating long-time incumbent Gail Turner in 2022.