( Goodman )
( Oklahoma County - James B. Blevins )
Larry Derryberry Gladys E. Cherry Derryberry, Quigley, Solomon, Blankenship & Naifeh Oklahoma City, Oklahoma For Appellant
Rachel Lawrence Mor Office of General Counsel Oklahoma Corporation Commission Oklahoma City, Oklahoma
Timothy E. Rhodes Oklahoma City, Oklahoma
MEMORANDUM OPINION
This is Billy G. Troxell's (Troxell) appeal from the district court's order affirming a decision of the Oklahoma Employment Security Commission (OESC) to deny Troxell unemployment benefits.
Facts
Troxell was employed by the Oklahoma Corporation Commission (OCC) until April 24, 1995. Troxell was a transportation officer charged "to enforce polices, rules and regulations of the Transportation Division of the Oklahoma Corporation Commission." Troxell was a uniformed officer who was issued a patrol car and a firearm and who had authority to issue citations for violations of OCC regulations. In March 1995 he asked Fowler, an employee of Welltech, a company regulated by the OCC, for a cash contribution from Welltech to sponsor an upcoming charity golf tournament. Troxell had been involved with the annual tournament since 1973, and had apparently solicited funds therefor every year. Fowler referred Troxell to LaRue, Welltech's business manager. Troxell contacted LaRue on three occasions, seeking a $200 contribution. LaRue never agreed to make a donation on behalf of Welltech, as she was without authority to do so. Troxell allegedly asked LaRue not to contribute by company check, but instead tender a cash donation, and to "keep this between us girls." Uncomfortable with this request, LaRue contacted the OCC to inquire about Troxell's solicitation.
Effective October 1, 1993, the OCC issued new ethics guidelines, which Troxell acknowledged he received on September 27, 1993. The relevant guidelines of the Corporation Commission's Ethics Policy, 3.6 (V), Community Service, states in relevant part:
"Commissioners and employees of the Commission are encouraged to participate in community events and to be active in community projects. . . .
Commissioners and employees of the Commission shall not personally solicit or place pressure on agents, employees or representatives of regulated companies to make financial commitments to further such endeavors."
Troxell was ultimately terminated by the OCC for misconduct as a result of said solicitation in violation of the ethics rule. Troxell sought unemployment benefits, which were denied by the Oklahoma Employment Security Commission (OESC) because it determined Troxell was terminated from the OCC for misconduct.
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