District Attorney Richard Gray told the commissioners he requested the attorney general's opinion because so many other county officials were requesting office space in the new jail.
Gray said, "The attorney general said 'No'.
"The attorney general' s opinion is that anyone can move into (unused offices in) the new jail, but they must pay the fair market value in rent.
"If the ballot had been written a little bit differently, we probably could have moved into the new area."
The ballot which voters approved to build the new jail designated the half-cent sales tax for a new jail only, and did not mention the jail as part of an annex to or part of the courthouse which could be used by other county officials.
Gray, noting that his office was also needing additional space, said, "If you decide to rent it, we'll be glad to talk to you. But nobody can move in without paying rent."
Gray said that is was most likely all right that the sheriff has relocated in the new jail. "Number one, the sheriff's office can use it, and number 2, the judges can use it, but certainly not all of us can move in."
Gray explained that the decision to rent extra space in the new jail was up to the trust authority, which includes the commissioners, Sheriff Johnny Philpot and Joe Peters of Sallisaw. The rent would also go to the authority to be used for the jail.
The county commissioners, Gray said, has the authority to designate space in the courthouse.
District 1 Commissioner Bruce Tabor said, "We have a lot of growing pains."
Several other officials have requested space in the courthouse, which was left vacant when the sheriff's office moved into the new jail.
"I don't care much for annexes," Gray said, adding his child support division was in another building and he was trying to relocate them into the courthouse. "I want everybody in the courthouse," Gray said. "That way everyone can communicate face to face."
After hearing the attorney general's and Gray's opinion, the commissioners voted to let the Oklahoma Highway Patrol (OHP) move into the old sheriff's office, which has a reception area and two offices.
Carla Martin, who is with the Community Sentencing program and now has a desk in the courthouse hall, will move into the old OHP office. Kay Cole, county school superintendent secretary, will share the office with Martin.
