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OPEA v. CENTRAL SERVICES

No. 94,985.

55 P.3d 1072 (2002)

2002 OK 71

OKLAHOMA PUBLIC EMPLOYEES ASSOCIATION, Billy D. & Earlene Melton, Paul Benefied, Oris D. Davis, Richard C. Jackson, Sr., Helen L. Jackson, Dwain E. Kelley, Roy E. Mitchell, Allena E. Harms, Kathryn Reinauer Freeman, Coleen Patterson, Betty Bennan, Linda Turner, Fredetta Jones, Richard F. Buck, Betty Jo Whinnery, Joyce Brown, Pauline V. Terry, Pamela G. Weaver, Kenneth Eugene & Bonnie J. Johnson, Plaintiffs/Appellees, v. OKLAHOMA DEPARTMENT OF CENTRAL SERVICES, Tom Jaworsky, State Purchasing Director for the Oklahoma Department of Central Services, and Oklahoma Department of Human Services, Defendents/Appellants, v. Stratton Taylor, President Pro Tempore of the Oklahoma Senate, Amicus Curiae.

Supreme Court of Oklahoma.

September 24, 2002.

Attorney(s) appearing for the Case

Richard W. Freeman, Jr., Assistant General Counsel, DHS, and John J. Ely, Jr., Assistant General Counsel, DHS, Oklahoma City, OK, for Defendant/Appellant Oklahoma Department of Human Services.

Joseph Walters and John D. Stiner, McAffee & Taft, Oklahoma City, OK, for Defendants/Appellants Oklahoma Department of Central Services and Tom Jaworksky.

Richard A. Mildren and Catherine Napier, Riggs, Abney, Neal, Turpen, Orbison & Lewis, Oklahoma City, OK, for Plaintiff/Appellee Oklahoma Public Employees Association.

Stratton Taylor, President Pro Tempore of Oklahoma Senate, Oklahoma City, Oklahoma, Amicus Curiae/Appellee, Pro se.

SUMMERS, J.

¶ 1 In this case we address whether the Department of Human Services (DHS) is limited to express statutory or constitutional authority for determining its authority to enter into certain contracts. We determine that when express contractual authority is not granted DHS possesses those implied contractual powers that are necessary for the effective discharge of the duties expressly conferred upon DHS. We also...

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