Accused state representative resigns
State Rep. Dan Kirby abruptly resigned Friday night after three days of public outrage over the secretive settlement paid to a fired legislative assistant who had accused him of sexual harassment.
The resignation is effective Dec. 31.
“Recent events have caused a situation where my continuing in office would be such a distraction that I could not serve my constituents in the manner they deserve,” Kirby, R-Tulsa, wrote Speaker-elect Charles McCall. “I believe that a resignation is in the best interest of the district, the House of Representatives and the state of Oklahoma.”
Kirby, a real estate agent, was first elected in 2008 and last re-elected in November. He serves House District 75, representing residents in east Tulsa and Broken Arrow.
In a statement released through his attorney before his resignation, he said he would not address the allegations against him “because this is a personnel matter.” The public outrage arose after
The Oklahoman on Wednesday reported the state House had paid $44,500 in state funds to the fired assistant and her attorneys. She claimed she was fired by the House in retaliation for reporting the sexual harassment.
On Friday, House Democrats demanded an independent investigation into why taxpayer funds were used to pay the former assistant.
“We want to find out what all happened, who did what, who knew what,” Rep. Scott Inman, the House Democratic leader, said at a news conference at the Capitol.
In a letter responding to the demand, McCall, R-Atoka, told Inman, “I assure you that I have begun to look in to this matter. I will share with you and every other member what I find.”
Inman also said at the news conference that Kirby should repay the state.
“The taxpaying citizens of the state of Oklahoma should not have to foot the bill for sexual misconduct,” Inman said. “If Rep. Kirby contends that he didn’t do it, then the question should be: Why did the House of Representatives find it necessary to spend approximately $60,000 ... to pay off a settlement for actions that never took place?”
The fired legislative assistant, Hollie Anne Bishop, and her attorneys were paid $44,500 in state funds on Nov. 22 to settle her wrongful termination claim at the U.S. Equal Employment Opportunity Commission.
Bishop was paid $28,414.20. Her Edmond attorneys were paid $16,085.80.
The House of Representatives also paid an outside attorney hired to handle the claim.
House Democrats called the payments hush money. They suggested Jeff Hickman, the former speaker of the Republican-controlled House, approved the payments to protect a fellow Republican.
“There is absolutely no doubt in anyone’s mind ... that this would have been handled differently if these allegations had been made against a member of the minority caucus,” said Rep. David Perryman, D-Chickasha. “There wouldn’t have been the protection. There wouldn’t have been the payoff.”
Bishop, 28, complained Kirby, 58, began sexually harassing her shortly after she started working for him in January 2015. She complained she was fired by the House without explanation on Nov. 20, 2015, in retaliation for reporting the harassment.
Her termination came two months after she reported the sexual harassment to the House general counsel and House human resources director.
The Oklahoman learned Friday a second former assistant has hired attorneys to possibly bring a similar claim.
The former speaker said again Friday settling the claim saved money that would have been spent on attorney fees to fight a lawsuit.
Hickman also said it was his belief the firing of the employee was appropriate. “I felt confident that had that case come to fruition, the House would have prevailed,” he said. “However, the cost to do that would have been ... tens of thousands of dollars more than what the settlement was . ... It became a financial decision.”
Hickman also said any time anything is reported to the House human resources office or general counsel an investigation would have been done. “There would be no reason this would be any different,” he said.
The payments were made after Hickman approved a confidential settlement agreement Nov. 16, records show. Hickman said the settlement actually was agreed on Oct. 5 during a private mediation.
What has upset both Republicans and Democrats in the House was that almost all of them had not been told either about the accusation or the settlement. Inman said he and other Democrats first learned from The Oklahoman
about the allegations and payments.
“We were shocked and appalled,” Inman said.
McCall, the speakerelect, told Inman, “I was not aware of or involved in the settlement negotiations or any of the surrounding circumstances.”
McCall also wrote, “Like you, I believe the House of Representatives should be a safe and professional place to work, free of any form of discrimination or harassment. It is my commitment to you and to each member that this will be the case under my leadership.”
In an email to members Friday, McCall wrote, “I believe in the principles of open and transparent government . ... As the incoming Speaker of the House, you have my commitment that I will communicate openly with you about issues that affect this body, no matter how sensitive. I may not be able to change the approach of past administrations, but I can and will change policies moving forward.”
Before the public outcry, Kirby had been chosen to be chairman of the powerful House committee on Business, Commerce and Real Estate in the upcoming legislative session.
In the resignation, Kirby also wrote, “I have always sought to do everything I can to serve the people of the district and the state in the best manner possible. I am truly honored to have had the opportunity to serve in the House for these past eight years. However it is now best for all concerned if I step aside.”
McCall told members in another email he received the resignation just before 6 p.m. Friday. “I thanked Rep. Kirby for his years of service to the House of Representatives and wished him well in his future endeavors,” McCall wrote.
The outside attorney hired by the House said on Thursday that Kirby “was not a party to the settlement negotiation, nor was he even aware of it.”