SUBPOENA BY AUTHORITY OF THE OKLAIIOMA HOUSE OF REPRESENTATIVES STATE OF OKLAHOMA To: Chris Bengc Pursuant to Article V, Section 42 of the Oklahoma Constitution and Section 7.13, paragraph of House Rules, you are hereby Commanded to appear before the duly appointed Special Investigative Committee of the Oklahoma House of Representatives at the place, date and time speci?ed below. I 1 to testify touching matters of inquiry committed to said special committee; and you are not to depart without leave of said special committee. Place of Testimony: Oklahoma Capitol Building Room 206 Date: Dec. 21, 2017 Time: 9:00 am. it to produce the things identi?ed on the attached schedule touching matters of inquiry committed to said special committee; and you are not to depart without leave of said special committee. Place of production: Oklahoma Capitol Building, Chairman Cockroft?s Of?ce, Room 408 Questions 1-39 Documents 1-2 Date: Dec. 15, 2017 Time: 1:30 pm. For Documents 3-10 Only Date: Dec. 22, 2017 Time: 1:30 pm. To any person authorized by the Speaker to serve and make return. Witness my hand and the seal of the [louse of Representatives for the State of Oklahoma, this day of 1 /Chairman Speakil? the llou?se Attest EXHIBIT A Within fourteen davs of receipt of this subpoena, provide written answers to the following guestions: DEPT. OF HEALTH FUNDS l. 9999!? 10. How has the money appropriated to the Department of I Icalth been spent annually since Terry Cline was appointed Commissioner? When were you ?rst told that the Department of lealth needed additional funding? When were you ?rst aware there was a problem with the Department of I Iealth? What were you told about problems with the Department of Iealth? What did you do with the information responsive to Nos. 2 through 4, above? When was the ?rst time anyone in the executive branch raised questions regarding the Department of I lealth?s ?nancial status? Was an audit of the Department of Ilealth conducted since the appointment of Terry Cline? Of the monies moved around from accounts (including the rainy-day fund, and carryover funds) by OMES for operations, how much money was speci?cally moved for the Department of I Iealth? When was the ?rst time you discussed the ?nancial mismanagement issues with the Governor? What did you tell the Governor regarding the ?nancial mismanagement? EXECUTIVE EFFORTS llthe executive branch is responsible for agency oversight of agency Directors and Commissioners, including Terry Cline? Since Commissioner Cline was appointed by the Governor as the Secretary of Health and Human Services, in addition to his role as the Commissioner for the Department ol?I-lealth, what efforts did the Governor make to have direct authority over him as her cabinet secretary? What changes has the executive branch made in light of what occurred at the Department of Health? What role has the structure of boards and commissions played in the problems with the Department of I lealth, and any other problems with other agencies? How would things have been different, whether better or worse, if there were no governing board for the Department of Ilealth? Ilow could the problems with the Department of Health be prevented in the future? 17. 13. Did you or anyone affiliated with the executive branch, including, but not limited to, the Governor?s of?ce, including the Governor, or anyone on behalf of the Governor?s of?ce, have any discussions with any member of any state board in the last six months? If your answer to No. 17 is yes, which state boards, and what was the substance of those discussions? OTHER FUNDS AND A 0 UN TS 19. 20. 21. 26. Have any other ?nancial problems in any other agencies been reported to the executive branch, including you, from 2010 to the present? Has anyone in the executive branch, including you, discovered any additional ?nancial problems in any other agency, from 2010 to the present? Are any agencies using federal funds for purposes other than those for which the federal funds are designated? Are any agencies using state funds for purposes other than those for which the state funds are designated? Provide the current balance of the rainy?day fund. Provide a list of all transfers involving the rainy?day fund from July 2016 to present. Provide a current balance of all carryover cash. Provide a list of all transfers involving carryover cash from July 2016 to present. LEGISLA TION AND AGENCY LETTERS CONCERNING FUNDS 27. 28. 29. 30. Did you have any communications with anyone about a need for more revenues, in order to address any missing or misreported funds involving the Department of Health or any other accounts in state government? Have you had communications with any person about the agency letters announcing reduction or cancellation of services being helpful for any legislative agenda, including an agenda to increase revenues? When was the veto of MB 1019): drafted? Who at the Governor?s of?ce is charged with the actual drafting of the veto of MB 1019x? EXECUTIVE AND AGENCY PA RAISES 31. 32. 33. Identify by name, title, and compensation, each employee of the Governor?s of?ce, by year, for each year since 2010. Identify by name, title, and compensation, every Commissioner, Cabinet Member, Agency Director, and assistant director, by year, for each year since 2010. Identify by name, title, and compensation, each employee of the OMES by year, for each year since 2010. 34. 35. 36. 37. For each ofthe individuals identi?ed in response to 30 through 32, above, iftheir pay was increased, identify, by name and title, the person or persons who authorized the pay increase. For each Commissioner, Cabinet Member, Agency Director, assistant director whose pay was increased, or the pay was increased for the position before the appointment or hire of the same, identify the person or persons responsible for the increased pay. Identify in detail, all discussions, actions, or communications of which you are aware of by any party to cause or encourage pay increases for any Commissioner, Cabinet Member, Agency Director, Assistant or Deputy Director. Identify what role, if any, the Governor?s of?ce or anyone on her behalf played to cause or encourage pay increases for any Commissioner, Cabinet Member, Agency Director, Assistant or Deputy Director. DISRUPTION 0R DISCONTINUANCE 0F ESSENTIAL SERVICES 38. 39. Identify in detail all discussions of which you are aware with any agency in the last twelve months regarding the disruption, termination, or discontinuance of any service by any agency. Identify all efforts of which you are aware by anyone in the executive branch to discourage any agency for stopping, discontinuing, cancelling, or suspending any essential services. Produce within fourteen davs of receipt the following documents: The electronic version ofthe veto for 1019X in its native format. Copies of all audits conducted on the Oklahoma Department of Health since 2010. Produce within twenty-one davs of receipt the following documents: All communications, ?les, documents, and records, including, but not limited to, phone messages, emails, SMS or other electronic messages, call logs, and social media communications, from any and all communications accounts either owned by the state or by yourself or a third party, between you and any personnel or agent and any person employed by or otherwise associated with the Oklahoma Department of I lealth regarding funding, budget shortfall, ?nancial mismanagement, or any communications with anyone about a need for more revenues, or to address any missing or misreported funds involving the Department of lealth or any other accounts in state government. All communications, ?les, documents, and records, including, but not limited to, phone messages, emails, SMS or other electronic messages, call logs, and social media communications, from any and all communications accounts either owned by the state or by yourself or a third party, between you and any personnel or agent and any person employed by or otherwise associated with any person employed by or otherwise associated with any agency regarding any wrongdoing, budget shortfalls, ?nancial 10. mismanagement, ?nancial problems, alleged illegal activity, or alleged wrongdoing of any kind in the last five years. All communications, Iiles, documents, and records, including, but not limited to, phone messages, emails, SMS or other electronic messages, call logs, and social media communications, from any and all communications accounts either owned by the state or by yourself or a third party, between you and any personnel or agent and any person employed by or otherwise associated with any person employed by or otherwise associated with any agency regarding any cancellation, suspension, or discontinuance, or threat of any of a disruption or discontinuance of services in the last three years. All communications, ?les, documents, and records, including, but not limited to, phone messages, emails, SMS or other electronic messages, call logs, and social media communications, from any and all communications accounts either owned by the state or by yourself or a third party, between you and any personnel or agent and any person employed by or otherwise associated with any person employed by or otherwise associated with any agency regarding any direction, suggestion, or discussion regarding any rally or protest at the Capitol in the last three years. All communications, files, documents, and records, including, but not limited to, phone messages, emails, SMS or other electronic messages, call logs, and social media communications, from any and all communications accounts either owned by the state or by yourself or a third party, between you and any other person regarding any direction, suggestion, or discussion regarding any strategy, plan, or effort of any kind to influence or impact the legislature regarding any budget measure, revenue raising measure, or other legislation in the last three years. All communications, lilcs, documents, and records, including, but not limited to, phone messages, emails, SMS or other electronic messages, call logs, and social media communications, from any and all communications accounts either owned by the state or by yourself or a third party, between you and any other person regarding any direction, suggestion, or discussion regarding any change or adjustment in salary to any Commissioner, Agency Director, Cabinet member, or Cabinet level position. All communications, files, documents, and records, including, but not limited to, phone messages, emails, SMS or other electronic messages, call logs, and social media communications, from any and all communications accounts either owned by the state or by yourself or a third party, between you and any other person regarding any direction, suggestion, or discussion regarding any state board or commission in the last twelve months. All communications, ?les, documents, and records, including, but not limited to, phone messages, emails, SMS or other electronic messages, call logs, and social media communications, from any and all communications accounts either owned by the state or by yourself or a third party, between the Health Department and TSET.