Published: November 13, 2008 12:48 pm         

Hearing officer to decide dispute

TULSA — A hearing officer will decide whether the Oklahoma Public Employees Retirement System erred in revoking the retirement benefits of a former Creek County judge who has felony convictions.

Tulsa attorney Clark Brewster argued on Wednesday that Donald D. Thompson did not violate his oath of office and is entitled to his retirement benefits.

Thompson was found guilty in 2006 on four felony counts of indecent exposure, stemming from allegations that he used a penis pump while presiding over trials. Thompson served about 20 months in prison.

Joe Fox, the retirement system's general counsel, said state law requires that all of Thompson's retirement benefits be forfeited as a result of the felony convictions.

The proceeding focused on the oath in which officials swear to "faithfully discharge my duties as to the best of my ability."

Brewster said no one has alleged that Thompson didn't fulfill his duties as a judge.

Fox argued that the underlying purpose of the forfeiture law is to ensure honorable and meritorious service of a public official. Lewdly exposing one's genitals while presiding over trials does not constitute such service, he said.

Brewster said that if the hearing officer, Lee Slater, found that Thompson violated his oath of office, it should be only for the terms in which the incidents occurred and not his entire tenure on the bench, which began in 1982 and ended with his retirement in 2004.

"For each time elected, it is a new office," Brewster said.

That would mean Thompson could receive $6,649 a month rather than $7,789 a month, the entire pension amount.

Fox argued that no limitation is placed on which oath of office has been violated when an official has served multiple terms and has taken multiple oaths.

Thompson's pension from his years as a state representative is not affected.

Slater's recommendation to the board is expected by Jan. 23, and the board will submit a final order Feb. 19.

     

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