Summary
This is 2026 OK AG 4, an official opinion of the Oklahoma Attorney General issued in response to a question from Oklahoma Representative Chris Kannady. The opinion concludes that Oklahoma cabinet secretaries may not receive annual compensation for cabinet service exceeding the maximum salaries established by 74 O.S. § 10.5. It further states that excess compensation is an improper overpayment subject to recovery under the Oklahoma Personnel Act.
Topics
Practice areas
Questions Presented
- Whether Oklahoma cabinet secretaries may receive annual compensation for their cabinet service exceeding the maximum salary established for their respective positions under title 74, section 10.5.
- Whether compensation paid to a cabinet secretary in excess of the statutory maximum is subject to the Oklahoma Personnel Act's overpayment-recovery procedures.
Holdings
- Oklahoma cabinet secretaries may not receive an annual salary for their service as secretary that exceeds the maximum salary established for their respective cabinet positions under title 74, section 10.5.
- Any cabinet-secretary compensation paid and retained in excess of the maximum established by section 10.5 is an improper state overpayment subject to the Oklahoma Personnel Act's overpayment-recovery procedures.
Key quotations
“The answer is no. The Legislature has prescribed the annual compensation for executive cabinet secretaries under the provisions of title 74, section 10.5 of the Oklahoma Statutes.” (¶1)
“Oklahoma cabinet secretaries may not be paid an annual salary as compensation for their service as secretary that exceeds the maximum salary amounts created for their respective positions pursuant to title 74, section 10.5 of the Oklahoma Statutes.” (¶7)
Factual background
In 1986, the Oklahoma Legislature authorized creation of a Governor's Cabinet through the Executive Branch Reform Act. In 1997, the Legislature established compensation amounts for cabinet secretaries, and the current version of title 74, section 10.5 sets maximum annual salaries ranging from $65,000 to $90,000 for specified cabinet positions. The Attorney General was asked whether a cabinet secretary may lawfully receive compensation exceeding the applicable statutory maximum.
Procedural history
The Honorable Chris Kannady submitted a request for an Attorney General Opinion asking whether Oklahoma cabinet secretaries may receive annual compensation exceeding the maximum salaries established by title 74, section 10.5. The Attorney General concluded that they may not and addressed the statutory overpayment-recovery consequences.