Representative Tom Gann

R

District 8

Hi, I'm Tom Gann and I represent the people of Oklahoma's 8th District.


representative

News & Announcements

Oct 16, 2025
Recent Posts

Gann Studies License Plate Readers Impact on Privacy

OKLAHOMA CITY – Rep. Tom Gann, R-Inola, on Thursday led a study on the use of automated license plate readers (ALPRs) and what he said is their use as a tool for mass surveillance allowing law enforcement to conduct warrantless searches. The study was held before the House Public Safety Committee. Gann looked back at legislation governing the use of ALPRs, which statutorily may only be used to show whether an Oklahoma motorist has automobile insurance. "We were at a crisis level in Oklahoma with the number of uninsured motorists," Gann said, "and the legislation we put in place helped us drastically reduce that number. Now, however, these cameras with the enhanced use of artificial intelligence are monitoring law-abiding citizens in details of their everyday lives. The data is being used well beyond what the law allows." Gann and other study presenters said this infringes on the Fourth Amendment of the U.S. Constitution, which states "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."  Gann and others used existing case law to show that vehicles represent property that cannot be searched without warrant. Gann shared several examples of violations by law enforcement in Oklahoma and other states, including a video of a traffic stop on Interstate 35, in which an officer asked the person pulled over about previous visits to the state – using information obtained without a search warrant or probably cause affidavit. "This represents the mass victimization of the American populace. Our rights are being violated every day," Gann said. Other presenters at the study included criminal defense attorney Shena Burgess, who is also an adjunct professor at the University of Tulsa, College of Law. She spoke about Flock cameras, which are prolific in many communities around the state, and how the data from these cameras is being used in violation of Oklahoma law. She said she was first alerted to illegal use when a Tulsa County sheriff's deputy alluded to information obtained from an ALPR that did not involve a search warrant. She's since taken a deep dive into Tulsa Police Department's policies, which state the cameras enhance the department's ability to detect illegal activity and stop crimes. "Statute is clear that law enforcement shall not use this for any reason other than to enforce the compulsory insurance law," Burgess said. "Permitting law enforcement to use this information for any other reason is in violation of statute. We have to have checks and balances to assure police are not abusing their power." Marven Goodman, a retired Army lieutenant colonel who formerly served as a Logan County commissioner and chief information officer for the Oklahoma Military Department and who now works as an investigative journalist, spoke on the use of the cameras by the cities of Guthrie and Edmond. He said he was able to work with the Oklahoma Department of Transportation to eventually get cameras removed from trailers along State Highway 33, and eventually the city of Guthrie dropped its contract with Flock. He said cameras are now monitoring traffic along State Highway 77 in Edmond, and he's again working with ODOT to stop that. He spoke of how data from the cameras can be used with other information to create a mosaic effect, tracking a person's every movement, whether or not they're suspected of criminal activity. He said this constitutes a violation of privacy and civil liberties. Alasdair Whitney, legislative counsel for Institute for Justice, also spoke about ALPRs and the law. He's pursuing a case in Norfolk, VA, filed by citizens who claim they are being tracked relentlessly without warrant in their everyday lives, from their homes to the store to outings with their family and more. He related 41 million images being compiled over 29 days. "We believe this is not law enforcement but mass surveillance and it's unconstitutional," Whitney said. "It begs the question of whether Americans still have the right to move about freely without being watched constantly by the government." He and others agreed Oklahoma law is very clear on paper, but they are concerned with mission creep and insist the law is not being followed. All presenters agreed they are pro-law enforcement and pro-public safety but not at the expense of citizens' constitutional rights. It was suggested at the end of the study that legislation should be filed to detail consequences for agencies found violating the law. 

Aug 21, 2025
Recent Posts

Gann Challenges PSO’s 2021 Winter Storm Bonds at OK Supreme Court

OKLAHOMA CITY – An appeal brief filed Thursday by Rep. Tom Gann, R-Inola, asks the Oklahoma Supreme Court to invalidate some $700 million in ratepayer-backed bonds issued to cover costs incurred by Public Service Company of Oklahoma (PSO) during February 2021’s Winter Storm Uri. Payments for those bonds have been collected on the monthly bills of PSO’s customers since the bonds were issued in September 2022. They are scheduled to continue for another 17 years. Gann’s brief tells the court that the Oklahoma Corporation Commission (OCC) failed to provide a required audit of the bonds in PSO’s most recent rate case. He also argues PSO’s original 2021 Uri costs that were securitized into the bonds were never audited either. Gann asserts the audit failures are fatal in both cases, making the OCC’s orders void.  The brief says Oklahoma utilities PSO, Oklahoma Gas & Electric Co. (OG&E), Oklahoma Natural Gas (ONG) and CenterPoint/Summit paid some of the highest natural gas prices in U.S. history during two weeks in February 2021, incurring some $2.8 billion in debt. Interest and other expenses added another $2 billion, bringing the total cost of the bonds being paid by Oklahoma utility customers close to $5 billion. Gann’s brief relies heavily on a report by former Oklahoma Accountancy Board Chairman David Greenwell filed at the OCC in July 2024. In it, Greenwell said the OCC’s audit activities with respect to the winter storm costs and bonds “do not appear to comply with state law.” Former OCC Commissioner Bob Anthony also repeatedly criticized the one-page audits the OCC was putting forward to meet statutory requirements. “When Oklahoma law requires an audit, the Accountancy Act says it has to be done by independent, licensed CPAs following nationally recognized standards,” said Gann, who is a former internal auditor for Tulsa International Airport. “Unbelievably, the OCC allowed the utilities to audit themselves after the winter storm. And OCC employees who are not CPAs have performed fake audits of the bonds ever since.” Gann has asked the court to order everything that was wrongly collected from PSO’s customers to be refunded. He says that includes $130-million and $120-million rate increases approved by the OCC in November 2023 and January 2025. It also includes about $140 million of Winter Storm bond payments already collected as “Winter Storm Cost Recovery Rider” charges on PSO customer bills.  OCC Commissioner Todd Hiett cast the deciding vote to approve each of the OCC orders Gann is challenging. Gann’s brief argues the orders also should be overturned because Hiett violated state ethics rules by participating in the cases. Hiett has been publicly accused of alleged sexual harassment and drunk driving at a 2023 party hosted by PSO’s attorneys. Even though no charges have been filed, Gann’s brief says Hiett’s behavior has made him subject to undue influence and possible extortion by those attorneys and others, and a reasonable person would question his impartiality in PSO cases.  In May 2025, the Ethics Commission dismissed a complaint against Hiett, finding that in this particular instance, Ethics Rule 4.7’s prohibition against conflicts of interest was not an issue. The Ethics Commission stated at the time that their decision took into account the constitutional requirements for the Corporation Commission, the legislative nature of the rate hikes and Oklahoma case law, including the well-recognized Rule of Necessity. Gann’s brief argues Commissioner Hiett should not have been held exempt from this rule and asks the Supreme Court to say so. Similar Supreme Court appeals have also been filed in rate cases for OG&E and ONG. Gann has been joined by Reps. Kevin West, R-Moore, and Rick West, R-Heavener, in those appeals. Gann’s full Brief in Chief can be read online here: https://www.oscn.net/dockets/GetDocument.aspx?ct=appellate&bc=1062686746&cn=CU-122861&fmt=pdf PSO, the OCC and the Attorney General’s Office have 40 days to respond. The progress of all the appeals can be followed on the Oklahoma Supreme Court website: PSO rate case: https://www.oscn.net/dockets/GetCaseInformation.aspx?db=appellate&number=122861 ONG, PSO & OG&E CY2023 fuel cases: https://oscn.net/dockets/GetCaseInformation.aspx?db=appellate&number=122991 OG&E rate case: https://oscn.net/dockets/GetCaseInformation.aspx?db=appellate&number=123021 ONG rate case: https://oscn.net/dockets/GetCaseInformation.aspx?db=appellate&number=123348

May 6, 2025
Recent Posts

Gann’s Appeal of Utility Case to Proceed Despite Ethics Decision

OKLAHOMA CITY – On Monday, the Oklahoma Supreme Court denied motions filed by the Oklahoma attorney general and Oklahoma Corporation Commission (OCC) seeking to dismiss an appeal of the OCC’s recent $120 million rate increase for Public Service Company of Oklahoma (PSO) brought by Rep. Tom Gann, R-Inola.  “Accordingly, this appeal shall proceed,” Chief Justice Dustin Rowe wrote. Monday’s order came despite a decision by the Oklahoma Ethics Commission last week dismissing Gann’s ethics complaint filed against Corporation Commissioner Todd Hiett. In a statement, the Ethics Commission said its determination was based in part on a December 2024 Supreme Court decision that declined to prohibit Hiett from hearing OCC cases that may be tainted by Hiett’s alleged misconduct. However, a concurring opinion by Justice Douglas Combs suggested Gann and the other petitioners, Reps. Kevin West, R-Moore, and Rick West, R-Heavener, instead bring individual appeals of the cases allegedly tainted by Hiett. Four appeals worth some $2 billion to customers of OG&E, ONG and PSO are currently pending before the Court, including Gann’s appeal of the PSO rate case which the court has now decided will proceed. In response to the Ethics Commission’s May 1 statement explaining its dismissal of Gann’s complaint filed against Hiett, Gann gave the following statement: "It is baffling how the Ethics Commission could read Justice Kuehn’s concurring opinion in OSC 122513 saying that: 'The Ethics Commission has the power to investigate the complaint, gather evidence, hold hearings, and give Respondent an opportunity to be heard before resolving the ethics claim.' "Yet they completely missed Justice Combs’ lengthy assessment in footnote 1 of his concurring opinion, concluding that: 'Thus, we now know that the rule of necessity need not be utilized to maintain a quorum of three in every case, and we can disregard Southwestern Bell's language to the contrary.' "If the Ethics Commission has decided that the common law Rule of Necessity allows Commissioner Hiett to participate in cases tainted by his misconduct, despite Ethics Rule 4’s prohibition against conflicts of interest, that means the Ethics Commission determined that there is reason to question Hiett’s impartiality in these cases. Otherwise, the Rule of Necessity, which only applies to biased or conflicted decision-makers, could not apply. "As made clear by Justice Kuehn, the Ethics Commission’s role was to be the trier of fact in the complaints against Hiett. Although the Commission did not disclose the details of its findings in that role, its mistaken legal conclusion indicates that the facts pointed to Hiett having a prohibited conflict of interest. "I look forward to hearing what the proper trier of law, the Oklahoma Supreme Court, has to say about the correct interpretation of Ethics Rule 4’s prohibition against OCC Commissioners participating in cases about which a reasonable person would question their impartiality – especially the dozens of OCC cases worth billions of dollars to Oklahoma utility customers that have been tainted by Hiett’s misconduct. I continue to be encouraged by the Court’s decisions and opinions, including Monday’s decision to let the first appeal proceed." The three legislators currently are appealing four utility cases worth more than $2 billion at the Oklahoma Supreme Court. They allege Hiett was legally required to disqualify himself from those cases, and that the Oklahoma Corporation Commission’s utility audits, including of the multi-billion dollar 2021 Winter Storm costs and bonds, did not comply with state law.