OKPOLICY.ORG
Following the recent federal government model, it seems that Governor Kevin Stitt has expanded the practice of ruling by executive order. Rather than proposing a law, working to get it passed by the Legislature, then executing it as provided in the Oklahoma Constitution, it’s easier to just issue an executive order.
That way, there’s no need to consult, explain, convince, or compromise with a troublesome group of elected legislators. Just order it done, and it’s done — unless the executive order is challenged in court, an expensive proposition both financially and, for most anyone, perhaps job security. It seems like the lazy way to govern.
A clear example of this is the governor’s Executive Order 2026-07, which establishes the “State of Oklahoma Tenure Policy.” As authority for the order, the governor cites Section 1 and Section 2 of Article VI of the Oklahoma Constitution, which only enumerates the various executive officers of the state and designates the governor as the holder of the “supreme executive power.”
Stitt’s executive order prohibits the state’s regional and community colleges and universities from granting tenure to their instructors and adds some regulations for OU and OSU tenure. The problem with the governor’s order is that the state already has a tenure policy established by law, which gives the governing boards of the various colleges and universities the power to establish and maintain plans for tenure and retirement of their employees.
Articles 1 and 2 of Article VI give the governor no authority to legislate policy for employees of the state’s higher education system.
Ironically, the executive order was issued just three days after the Legislature — whose constitutional role is to legislate state tenure policy — convened for its 2026 session. In fact, on the first day of the session, a bill to change the state’s tenure policy in a manner mostly in line with the governor’s executive order was read on the Senate floor. The bill, SB 1782, introduced by Sen. Randy Grellner, R-Cushing, and Rep. Molly Jenkins, R-Coyle, failed when it missed the deadline for passage on the Senate floor.
The effects of Stitt’s executive order are now being experienced by the state’s regional colleges and universities. A report by Oklahoma Watch stated that the order ending faculty tenure is already costing regional universities top-choice hires and other applicants, making it harder for some schools to attract academic talent.
For example, according to Oklahoma Watch, East Central University in Ada has been unable to fill two of four vacancies — in history and criminal justice — after receiving fewer applications than usual and seeing numerous candidates withdraw. In the computer science department, the university hired its second-choice candidate after the top candidate declined the offer because the school could not provide a tenure track.
Article IV, Section 1 of the Oklahoma Constitution says, “The powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial; and except as provided in this Constitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others.
For the past several years, the Legislature has seemed willing to surrender power to the governor, as in the case of giving the governor hiring and firing power over directors of certain large agencies and eliminating fixed terms for boards and commissions. Independent boards and commissions give the public and the legislature more input into agency policies. If the Legislature chooses to do that, it’s the Legislature’s prerogative to do so. But the governor assuming legislative power by issuing executive orders is another matter that could be the subject of litigation.
I’m not sure whether executive orders have statutory or constitutional authority, but they have long been used. Unlike laws, however, they expire when a governor leaves office. Perhaps, mercifully, this one will end with the Stitt administration.
