Public Officials
Where are the statutory duties for each municipal form of government?
A. Aldermanic Form of government is found at 11 O.S. §§9-101 to 9-118.
B. Council-Manager form of government is found at 11 O.S. §§10-101 to 10-121.
C. Strong-Mayor-Council from of government is found at 11 O.S. §§11-101 to 11-125.
D. Town from of government is found at 11 O.S. §§12-101 to 12-114.
What are the details of the Dual Office Holding statute for municipal officials?
A. What is the rule for holding more than one office within the municipality?
11 O.S. Section 8-106 applies to holding more than one office within a municipality. If anyone wishes to hold another office or position in the municipality, they can if the governing body approves it. This of course includes clerks and treasurers who may be paid for such additional duties.
B. Is there a special rule for governing body members? Yes. If a member of the governing body holds another municipal office or position, they cannot be paid for anything other than their elected duties.
C. What are some examples? This means that a governing body member could serve as city manager, chief of police, office manager, volunteer firefighter, etc., but only if they are paid nothing for the additional duties. It is unknown if a police or fire pension would violate the "shall not receive compensation for service" provision of Section 8-106.
D. Is there a different rule for holding another office outside the municipality? Yes. If an officer of a municipal government wishes to hold another office outside of the local government, the arrangement must be allowed under 51 O.S. Section 6.
What are the nepotism basics?
A. What is the general rule? No elected or appointed official shall appoint any person related by blood or marriage within the third degree to any governing body member or to himself. If the employee is already in the service of the municipality he or she may continue to serve and be promoted. 11 O.S. Section 8-106.
B. Does this apply to who the voters elect? No. The nepotism statute does not stop the people from electing as many members of the same family as they desire.
C. What is the easiest way to understand the third degree? The Nepotism chart in the OML Handbook has been reproduced by the Oklahoma Attorney General and is the best way to understand which relatives are within the third degree. The most notable relative that can be hired are first cousins.
D. Is there a special provision for public trusts? In addition to Section 8-106 the statutes at 21 O.S. Section 481 to 487 may apply to public trusts.
What are the conflict of interest basics?
A. What is the general rule? No municipal officer or employee, or any business of the officer or employee or his or her spouse has a proprietary interest shall: (1). Sell, buy or lease real or personal property from the municipality; (2) contract with the municipality; or (3) buy, barter or acquire any bonds, warrants, or other evidence of municipal indebtedness. 11 O.S. Section 8-113.
B. What is the definition of employee under the Act? “Employee” means a person employed more than 10 hours a week for more than 13 consecutive weeks AND who enters into, recommends or participates in the decisionto enter into the prohibited transaction.
C. So, employee’s don’t mean all employees? No. Any question conflict of interest question involving an employee will depend on the job duties and authority of theemployee to make the decision to transact business.
D. What is the special rule for the business of the officer, employee or spouse? For the business of the officer, employee or spouse to qualify, the officer, employee or spouse must own more than 25% of the business or of the company stock or any percentage which constitutes a controlling interest. If the stock is in a blind trust it is not counted to reach the 25% or controlling interest.
E. Does this rule apply to citys or towns under 2,500 in population? No. There is an exception for any municipality of fewer than 2,500 for any officer or employee who has a proprietary interest in a business which is the only business of that type within 10 miles of the municipality. Any single activity shall not exceed $500 and shall not exceed $10,000 for all activities in any calendar year.
F. Is there a special rule for financial institutions? Yes. There is an exception for any officer, director or employee of a financial institution to serve on a board of a public body.
What are some ways an elected official can be removed from office?
A. Is there a state statute on right to recall? No. There is no right to "recall" a municipal official except if a municipality has a Charter that has a recall provision. There is no general state statute that allows recall.
B. Is there a special rule on absences? Yes. A governing body member can be removed by operation of law if he or she is absent for more than one-half of all meetings of the governing body within any four consecutive months. Regular and special meetings of the governing body are counted. Other non-council meetings such as the PWA are not included in the computation. "Month" refers to a calendar month. 11 O.S. Section 8-108.
C. Are there any state statutes on removal of elected officials? Yes. There are legal steps to remove a person from elected office no matter what the population or form of government. The first is Ouster by Action found in 51 O.S. Section 91 and requires the action of the Attorney General. The second is Removal of Officers found in 22 O.S. Section 1181 and a District Attorney must begin the proceedings. The few cases where an AG or DA has actually removed persons from office have been in the case of serious criminal wrongdoing.
D. What about a final judgment for an elected official? A vacancy results when a final judgment is entered against the office holder for breech of his official bond or upon his final conviction for an infamous crime or any offense involving a violation of his official oath. 51 O.S. Section 8.
What about Vacancies?
There is one thing that all municipalities in Oklahoma will at some point have in common; they will face a vacancy in the office of an elected official.
How your municipality will deal with the vacancy will vary from one situation to another. Below is a general overview on how vacancies occur and how to fill the vacancies. (More detailed information can be found in the OML Handbook for City & Town Officials; section B-20 to B-25.)
Please click here to download the document "Whoosh They're Gone! What do we do now? Vacancies 101" (.doc)
We had a councilmember resign before his term was up, what do we do now?
Title 11 O.S. § 8-109 – Vacancies inOffice, offers guidance on how the governing body is to resolve a vacancy in office.
The governing body shall appoint by a majority vote of the remaining members, a person to fill the vacancy until the next general election or the next biennial town meeting (if the municipality is subject to the Town Meeting Act). The person that is appointed to fill a vacancy must run in the next election to fill the remainder of the unexpired term left by the vacancy.
If the governing body does not appoint someone to fill the vacancy within 60 days, they must then call for a special election for the purpose of filling the vacancy for the duration of the unexpired term et. al.
If the vacancy is in the office of the mayor, you must follow your charter (if applicable) or statutes for your form of government.
StatutoryAldermanic Title 11 O.S. § 9-111
StatutoryCouncil-Manager Title 11 O.S. § 10-105
Strong-Mayor-Council Title 11 O.S. § 11-104
StatutoryTown Title 11 O.S. § 12-105
As the elected clerk/treasurer, can I be appointed or hired to be the Town Administrator?
Question: Our town has had to reduce our workforce due to the economic decline. As the elected clerk-treasurer, can I be appointed or hired to be the Town Administrator to do all the ‘other’ jobs in the office?
Answer: The short answer is yes! A clerk/treasurer can have special statutory duties as the governing body ordains (11 O.S. § 12-106 and 12-109.) It would be important for the governing body to create the “other” duties by ordinance. In the ordinance it should state all the non-statutory duties you would be responsible for as well as the pay for these additional duties.
Please note: The Oklahoma Constitution at Article 23, Section 10 provides that wages and emoluments (fringe benefits) for an officer, elected or appointed, may not be changed after his election or appointment. See Edmondson v. Oklahoma Corporation Commission, 971 P.2d 868 (Okl. 1998).
Missed the Election Deadlines? Now What?
QUESTION:
Help! We failed to get ourNotice of Election Resolution in the paper as statutorily required by Title 11O.S. 16-101. What do we do now??
ANSWER:
If the Notice of Election was not published in accordance to Title 11 O.S. 16-101 the municipality will not be able to hold the election in April. What will happen is the current council will need to call for a special election to be in accordance with the law.
The current council will be considered ‘hold-over’s’ because, elected municipal officials serve until their successor(s) are elected and qualified.
Does our city/town clerk or clerk-treasurer have to live in town or can we hire somebody from out of town?
If the clerk is elected to the position, he or she must meet the requirements of an elected official as outlined in Title 11 O.S. Sec. 8-101; they must be a resident and registered voter of the community in which they wish to serve.
However, it the city/town has taken the question to a vote of the people, “Shall the Clerk or Clerk-Treasurer be appointed by the mayor, (with the approval of the council, board of trustees)?” If the measure passes, the residency requirement no longer applies.
If the council or board of trustees decide that they would like the clerk or the clerk-treasurer to be a resident of the city/town, they must pass an ordinance as authorized in Title 11 O.S. Sec. 22-127, in which appointed officers or employees must reside in the municipality.