Opinion No. (2011)

Dear Mr. Duncan:

This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions:

1. Does the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. §§ 4301 — 4335, preempt the application of Article II, Section 12 of the Oklahoma Constitution, as such section has been construed by Wimberly v. Deacon, 144 P.2d 447 (Okla. 1944)?

2. Does USERRA prohibit the State of Oklahoma from declaring a vacancy in a district attorney's office when the sitting district attorney is called into active duty as a…