Mayor has less than a year of her term left, and does not plan on running
again. Aldermanic form of government. The Mayor is planning to move just
outside of city limits prior to the expiration of her term. General
consensus is that the citizens and council would like the mayor to finish
out the term even if after the move. So my question is, practically how
would this work, assuming the mayor does move outside of the municipal
limits. Does the council have to make a determination that the mayor no
longer meets the statutory qualifications and remove her? Or is her
position vacated automatically?

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail
transmission, as well as any attachments, may contain confidential
information that is legally privileged. If you are not the intended
recipient, any disclosure, copying, distribution, or use of any of the
information contained in or attached to this message is STRICTLY PROHIBITED
by law. If you have received this message in error, please immediately
notify us by replying to this email or by calling 580-759-0049.

Unless your city has a charter which provides a different scenario the the statute below would govern.

itle 11. Cities and Towns
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleVIII-Officers-GeneralProvisions Article Article VIII - Officers - General Provisions
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 8-101 - Qualifications for Elected Office
Cite as: O.S. §, __ __

A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all councilmembers or trustees from wards shall be actual residents of their respective wards. If an elected official ceases to be a resident of the municipality, he shall thereupon cease to be an elected official of that municipality.

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s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com

From: Phillip Morton mortonlawoffice@gmail.com
Sent: Wednesday, June 22, 2022 3:47 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Residency Requirement for Mayor

Mayor has less than a year of her term left, and does not plan on running again. Aldermanic form of government. The Mayor is planning to move just outside of city limits prior to the expiration of her term. General consensus is that the citizens and council would like the mayor to finish out the term even if after the move. So my question is, practically how would this work, assuming the mayor does move outside of the municipal limits. Does the council have to make a determination that the mayor no longer meets the statutory qualifications and remove her? Or is her position vacated automatically?

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

Although § 9-103 of Title 11 allows for governing body members in an aldermanic city to relocate from one ward to another during the course of their term without losing their seat,
Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article IX - Aldermanic Form of Government
Section 9-103 - Qualifications of Governing Body Members
The governing body members shall be residents and registered voters of the city, and the councilmembers from wards shall be actual residents of their respective wards at the time of their respective candidacies and elections. Removal of a councilmember from a ward to another ward within the municipality after his or her election, or a change in ward boundaries, shall not disqualify the councilmember from completing the term for which he or she was elected.
§ 8-101, in reference to all municipal officers without distinction among forms of government, requires automatic termination of office upon relocation outside city limits.
Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article VIII - Officers - General Provisions
Section 8-101 - Qualifications for Elected Office
A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all councilmembers or trustees from wards shall be actual residents of their respective wards. If an elected official ceases to be a resident of the municipality, he shall thereupon cease to be an elected official of that municipality.
I think your mayor is no longer mayor immediately upon moving out of town.
Lowell Peterson
22309 E. 67th Street S.
Broken Arrow, OK 74014
lpeterson@live.commailto:lpeterson@live.com
Cell (918) 805-4090

From: Phillip Morton mortonlawoffice@gmail.com
Sent: Wednesday, June 22, 2022 3:47 PM
To: oama@lists.imla.org
Subject: [Oama] Residency Requirement for Mayor

Mayor has less than a year of her term left, and does not plan on running again. Aldermanic form of government. The Mayor is planning to move just outside of city limits prior to the expiration of her term. General consensus is that the citizens and council would like the mayor to finish out the term even if after the move. So my question is, practically how would this work, assuming the mayor does move outside of the municipal limits. Does the council have to make a determination that the mayor no longer meets the statutory qualifications and remove her? Or is her position vacated automatically?

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

But what about this.

11 OS 8-108
Whenever a member of the municipal governing body is absent from more than one-half of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.

Sounds like immediately, but

1996 OK AG 98

. An elected member of a municipal governing body who is absent for more than half of all meetings, regular and special, of that body held within any period of four consecutive months, vacates his or her office.
2. Under the provisions of 51 O.S.1991, § 8, it is the appointing authority who determines whether the facts giving rise to a vacancy in office have occurred. When there is a dispute over the facts giving rise to the vacancy, the appointing authority must afford the office holder some type of minimal due process.
3. Under the provisions of 11 O.S.1991, § 8-109, when a vacancy occurs in an elected municipal office-save that of mayor-it is the municipal governing body, by a majority vote of the remaining members, that fills the vacancy.
4. Thus, whether under the mandate of 11 O.S.1991, § 8-108, an elected municipal officer has vacated his or her office by virtue of being absent from more than half of all meetings, regular and special, of the municipal governing body held within any period of four consecutive months, is determined by the remaining members of that body.

Minimum due process?

Could this be applicable to your situation?

Ray

From: Lowell Peterson
Sent: Wednesday, June 22, 2022 4:13 PM
To: Phillip Morton ; oama@lists.imla.org
Subject: [Oama] Re: Residency Requirement for Mayor

Although § 9-103 of Title 11 allows for governing body members in an aldermanic city to relocate from one ward to another during the course of their term without losing their seat,

Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article IX - Aldermanic Form of Government
Section 9-103 - Qualifications of Governing Body Members
The governing body members shall be residents and registered voters of the city, and the councilmembers from wards shall be actual residents of their respective wards at the time of their respective candidacies and elections. Removal of a councilmember from a ward to another ward within the municipality after his or her election, or a change in ward boundaries, shall not disqualify the councilmember from completing the term for which he or she was elected.

§ 8-101, in reference to all municipal officers without distinction among forms of government, requires automatic termination of office upon relocation outside city limits.

Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article VIII - Officers - General Provisions
Section 8-101 - Qualifications for Elected Office
A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all councilmembers or trustees from wards shall be actual residents of their respective wards. If an elected official ceases to be a resident of the municipality, he shall thereupon cease to be an elected official of that municipality.

I think your mayor is no longer mayor immediately upon moving out of town.

Lowell Peterson

22309 E. 67th Street S.

Broken Arrow, OK 74014

lpeterson@live.com

Cell (918) 805-4090

From: Phillip Morton mortonlawoffice@gmail.com
Sent: Wednesday, June 22, 2022 3:47 PM
To: oama@lists.imla.org
Subject: [Oama] Residency Requirement for Mayor

Mayor has less than a year of her term left, and does not plan on running again. Aldermanic form of government. The Mayor is planning to move just outside of city limits prior to the expiration of her term. General consensus is that the citizens and council would like the mayor to finish out the term even if after the move. So my question is, practically how would this work, assuming the mayor does move outside of the municipal limits. Does the council have to make a determination that the mayor no longer meets the statutory qualifications and remove her? Or is her position vacated automatically?

Phillip N. Morton, J.D.

P.O. Box 1886

Ada, OK 74820

Phone: 580-759-0049

Fax: 580-759-2177

Email: MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

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This is what I was thinking, Ray.  Seems like it would have to be placed on the agenda and the governing body would have to make a determination that the mayor is no longer a resident of the municipality and therefore no longer holds office.

Absent that determination, the mayor remains in office.

It’s not a certain course of action – any councilmember could ask that the matter be placed on the agenda and the mayor would then surely be out. But if everyone is happy, maybe that won’t happen.

Kim Spady

From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Wednesday, June 22, 2022 4:29 PM
To: Lowell Peterson lpeterson@live.com; Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org
Subject: [Oama] Re: Residency Requirement for Mayor

But what about this.

11 OS 8-108

Whenever a member of the municipal governing body is absent from more than one-half of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.

Sounds like immediately, but

1996 OK AG 98

. An elected member of a municipal governing body who is absent for more than half of all meetings, regular and special, of that body held within any period of four consecutive months, vacates his or her office.
2. Under the provisions of 51 O.S.1991, § 8, it is the appointing authority who determines whether the facts giving rise to a vacancy in office have occurred. When there is a dispute over the facts giving rise to the vacancy, the appointing authority must afford the office holder some type of minimal due process.
3. Under the provisions of 11 O.S.1991, § 8-109, when a vacancy occurs in an elected municipal office-save that of mayor-it is the municipal governing body, by a majority vote of the remaining members, that fills the vacancy.
4. Thus, whether under the mandate of 11 O.S.1991, § 8-108, an elected municipal officer has vacated his or her office by virtue of being absent from more than half of all meetings, regular and special, of the municipal governing body held within any period of four consecutive months, is determined by the remaining members of that body.

Minimum due process?

Could this be applicable to your situation?

Ray

From: Lowell Peterson

Sent: Wednesday, June 22, 2022 4:13 PM

To: Phillip Morton ; oama@lists.imla.org mailto:oama@lists.imla.org

Subject: [Oama] Re: Residency Requirement for Mayor

Although § 9-103 of Title 11 allows for governing body members in an aldermanic city to relocate from one ward to another during the course of their term without losing their seat,

Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article IX - Aldermanic Form of Government
Section 9-103 - Qualifications of Governing Body Members
The governing body members shall be residents and registered voters of the city, and the councilmembers from wards shall be actual residents of their respective wards at the time of their respective candidacies and elections. Removal of a councilmember from a ward to another ward within the municipality after his or her election, or a change in ward boundaries, shall not disqualify the councilmember from completing the term for which he or she was elected.

§ 8-101, in reference to all municipal officers without distinction among forms of government, requires automatic termination of office upon relocation outside city limits.

Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article VIII - Officers - General Provisions
Section 8-101 - Qualifications for Elected Office
A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all councilmembers or trustees from wards shall be actual residents of their respective wards. If an elected official ceases to be a resident of the municipality, he shall thereupon cease to be an elected official of that municipality.

I think your mayor is no longer mayor immediately upon moving out of town.

Lowell Peterson

22309 E. 67th Street S.

Broken Arrow, OK 74014

lpeterson@live.com mailto:lpeterson@live.com

Cell (918) 805-4090

From: Phillip Morton <mortonlawoffice@gmail.com mailto:mortonlawoffice@gmail.com >
Sent: Wednesday, June 22, 2022 3:47 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] Residency Requirement for Mayor

Mayor has less than a year of her term left, and does not plan on running again. Aldermanic form of government. The Mayor is planning to move just outside of city limits prior to the expiration of her term. General consensus is that the citizens and council would like the mayor to finish out the term even if after the move. So my question is, practically how would this work, assuming the mayor does move outside of the municipal limits. Does the council have to make a determination that the mayor no longer meets the statutory qualifications and remove her? Or is her position vacated automatically?

Phillip N. Morton, J.D.

P.O. Box 1886

Ada, OK 74820

Phone: 580-759-0049

Fax: 580-759-2177

Email: MortonLawOffice@gmail.com mailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

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If after becoming non resident would not her vote on matters be of questionable validity?

On June 22, 2022, at 5:16 PM, Kim@spadylaw.com wrote:

This is what I was thinking, Ray.  Seems like it would have to be placed on the agenda and the governing body would have to make a determination that the mayor is no longer a resident of the municipality and therefore no longer holds office.

Absent that determination, the mayor remains in office.

It’s not a certain course of action – any councilmember could ask that the matter be placed on the agenda and the mayor would then surely be out. But if everyone is happy, maybe that won’t happen.

Kim Spady

From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Wednesday, June 22, 2022 4:29 PM
To: Lowell Peterson lpeterson@live.com; Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org
Subject: [Oama] Re: Residency Requirement for Mayor

But what about this.

11 OS 8-108
Whenever a member of the municipal governing body is absent from more than one-half of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.

Sounds like immediately, but

1996 OK AG 98

. An elected member of a municipal governing body who is absent for more than half of all meetings, regular and special, of that body held within any period of four consecutive months, vacates his or her office.
2. Under the provisions of 51 O.S.1991, § 8, it is the appointing authority who determines whether the facts giving rise to a vacancy in office have occurred. When there is a dispute over the facts giving rise to the vacancy, the appointing authority must afford the office holder some type of minimal due process.
3. Under the provisions of 11 O.S.1991, § 8-109, when a vacancy occurs in an elected municipal office-save that of mayor-it is the municipal governing body, by a majority vote of the remaining members, that fills the vacancy.
4. Thus, whether under the mandate of 11 O.S.1991, § 8-108, an elected municipal officer has vacated his or her office by virtue of being absent from more than half of all meetings, regular and special, of the municipal governing body held within any period of four consecutive months, is determined by the remaining members of that body.

Minimum due process?

Could this be applicable to your situation?

Ray

From: Lowell Peterson
Sent: Wednesday, June 22, 2022 4:13 PM
To: Phillip Morton ; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Residency Requirement for Mayor

Although § 9-103 of Title 11 allows for governing body members in an aldermanic city to relocate from one ward to another during the course of their term without losing their seat,
Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article IX - Aldermanic Form of Government
Section 9-103 - Qualifications of Governing Body Members
The governing body members shall be residents and registered voters of the city, and the councilmembers from wards shall be actual residents of their respective wards at the time of their respective candidacies and elections. Removal of a councilmember from a ward to another ward within the municipality after his or her election, or a change in ward boundaries, shall not disqualify the councilmember from completing the term for which he or she was elected.
§ 8-101, in reference to all municipal officers without distinction among forms of government, requires automatic termination of office upon relocation outside city limits.
Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article VIII - Officers - General Provisions
Section 8-101 - Qualifications for Elected Office
A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all councilmembers or trustees from wards shall be actual residents of their respective wards. If an elected official ceases to be a resident of the municipality, he shall thereupon cease to be an elected official of that municipality.
I think your mayor is no longer mayor immediately upon moving out of town.
Lowell Peterson
22309 E. 67th Street S.
Broken Arrow, OK 74014
lpeterson@live.commailto:lpeterson@live.com
Cell (918) 805-4090

From: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Sent: Wednesday, June 22, 2022 3:47 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Residency Requirement for Mayor

Mayor has less than a year of her term left, and does not plan on running again. Aldermanic form of government. The Mayor is planning to move just outside of city limits prior to the expiration of her term. General consensus is that the citizens and council would like the mayor to finish out the term even if after the move. So my question is, practically how would this work, assuming the mayor does move outside of the municipal limits. Does the council have to make a determination that the mayor no longer meets the statutory qualifications and remove her? Or is her position vacated automatically?

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

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I agree with David.  If being a resident of the city is a requirement to hold the office, and the person moves out of the city limits, I believe they lose their office.  In some instances a person might claim that their residence is still in the city and that the move outside the city limits is temporary until a new home finishes construction or something of that nature.  However, absent some qualification asserted of that nature, the fact of their move establishes the loss of their office.  I certainly would advise a city to make certain that no matter needing passage relies upon the vote of the disqualified person.

I do agree that if a hearing must be conducted to establish the facts and to declare an office vacant (as in the case of removal based upon excess absences), then due process requires notice to the subject councilperson.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: david davis ddavislaw@live.com
Sent: Thursday, June 23, 2022 8:43 AM
To: Kim@spadylaw.com; oama@lists.imla.org
Subject: [Oama] Re: Residency Requirement for Mayor

If after becoming non resident would not her vote on matters be of questionable validity?

On June 22, 2022, at 5:16 PM, Kim@spadylaw.commailto:Kim@spadylaw.com wrote:
This is what I was thinking, Ray.  Seems like it would have to be placed on the agenda and the governing body would have to make a determination that the mayor is no longer a resident of the municipality and therefore no longer holds office.

Absent that determination, the mayor remains in office.

It's not a certain course of action - any councilmember could ask that the matter be placed on the agenda and the mayor would then surely be out. But if everyone is happy, maybe that won't happen.

Kim Spady

From: rayvincent@coxinet.netmailto:rayvincent@coxinet.net <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>
Sent: Wednesday, June 22, 2022 4:29 PM
To: Lowell Peterson <lpeterson@live.commailto:lpeterson@live.com>; Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Residency Requirement for Mayor

But what about this.

11 OS 8-108
Whenever a member of the municipal governing body is absent from more than one-half of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.

Sounds like immediately, but

1996 OK AG 98

. An elected member of a municipal governing body who is absent for more than half of all meetings, regular and special, of that body held within any period of four consecutive months, vacates his or her office.
2. Under the provisions of 51 O.S.1991, § 8, it is the appointing authority who determines whether the facts giving rise to a vacancy in office have occurred. When there is a dispute over the facts giving rise to the vacancy, the appointing authority must afford the office holder some type of minimal due process.
3. Under the provisions of 11 O.S.1991, § 8-109, when a vacancy occurs in an elected municipal office-save that of mayor-it is the municipal governing body, by a majority vote of the remaining members, that fills the vacancy.
4. Thus, whether under the mandate of 11 O.S.1991, § 8-108, an elected municipal officer has vacated his or her office by virtue of being absent from more than half of all meetings, regular and special, of the municipal governing body held within any period of four consecutive months, is determined by the remaining members of that body.

Minimum due process?

Could this be applicable to your situation?

Ray

From: Lowell Peterson
Sent: Wednesday, June 22, 2022 4:13 PM
To: Phillip Morton ; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Residency Requirement for Mayor

Although § 9-103 of Title 11 allows for governing body members in an aldermanic city to relocate from one ward to another during the course of their term without losing their seat,
Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article IX - Aldermanic Form of Government
Section 9-103 - Qualifications of Governing Body Members
The governing body members shall be residents and registered voters of the city, and the councilmembers from wards shall be actual residents of their respective wards at the time of their respective candidacies and elections. Removal of a councilmember from a ward to another ward within the municipality after his or her election, or a change in ward boundaries, shall not disqualify the councilmember from completing the term for which he or she was elected.
§ 8-101, in reference to all municipal officers without distinction among forms of government, requires automatic termination of office upon relocation outside city limits.
Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article VIII - Officers - General Provisions
Section 8-101 - Qualifications for Elected Office
A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all councilmembers or trustees from wards shall be actual residents of their respective wards. If an elected official ceases to be a resident of the municipality, he shall thereupon cease to be an elected official of that municipality.
I think your mayor is no longer mayor immediately upon moving out of town.
Lowell Peterson
22309 E. 67th Street S.
Broken Arrow, OK 74014
lpeterson@live.commailto:lpeterson@live.com
Cell (918) 805-4090

From: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Sent: Wednesday, June 22, 2022 3:47 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Residency Requirement for Mayor

Mayor has less than a year of her term left, and does not plan on running again. Aldermanic form of government. The Mayor is planning to move just outside of city limits prior to the expiration of her term. General consensus is that the citizens and council would like the mayor to finish out the term even if after the move. So my question is, practically how would this work, assuming the mayor does move outside of the municipal limits. Does the council have to make a determination that the mayor no longer meets the statutory qualifications and remove her? Or is her position vacated automatically?

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

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We recently had this issue.

Residency is fluid as to city limits IF a person owns or rents residential property within limits but has other properties outside of limits.  A person chooses where to claim residency.  If mayor retains ownership of or rents in-limits property and continues to claim that location as their residence,  its their residence for as long as they choose it to be, even if the person moves their furniture, family etc to a new location.  Once homestead etc is claimed, that is assertion of residence.
I found that the city council doesn't hold the power to determine residence.  It would take a removal action IF mayor still has property in  limits that they claim as residence.
If no property in limits, even something they choose to rent for a few months, then they immediately cease to hold office.

Sent from my U.S.Cellular© Smartphone
Get Outlook for Androidhttps://aka.ms/AAb9ysg

From: Phillip Morton mortonlawoffice@gmail.com
Sent: Wednesday, June 22, 2022 3:47:06 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Residency Requirement for Mayor

Mayor has less than a year of her term left, and does not plan on running again. Aldermanic form of government. The Mayor is planning to move just outside of city limits prior to the expiration of her term. General consensus is that the citizens and council would like the mayor to finish out the term even if after the move. So my question is, practically how would this work, assuming the mayor does move outside of the municipal limits. Does the council have to make a determination that the mayor no longer meets the statutory qualifications and remove her? Or is her position vacated automatically?

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

When it comes to municipal issues “Nothing difficult is ever easy”
Ray

From: Jon Miller
Sent: Thursday, June 23, 2022 10:37 AM
To: david davis ; Kim@spadylaw.com ; oama@lists.imla.org
Subject: [Oama] Re: Residency Requirement for Mayor

I agree with David.  If being a resident of the city is a requirement to hold the office, and the person moves out of the city limits, I believe they lose their office.  In some instances a person might claim that their residence is still in the city and that the move outside the city limits is temporary until a new home finishes construction or something of that nature.  However, absent some qualification asserted of that nature, the fact of their move establishes the loss of their office.  I certainly would advise a city to make certain that no matter needing passage relies upon the vote of the disqualified person.

I do agree that if a hearing must be conducted to establish the facts and to declare an office vacant (as in the case of removal based upon excess absences), then due process requires notice to the subject councilperson.

Jonathan E. Miller

City Attorney

City of Mustang

1501 N. Mustang Road

Mustang, Oklahoma 73064

Telephone: (405) 376-7746

Facsimile: (405) 376-7721

This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.  If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others.  Sharing this email may result in a loss of the attorney-client privilege.

From: david davis ddavislaw@live.com
Sent: Thursday, June 23, 2022 8:43 AM
To: Kim@spadylaw.com; oama@lists.imla.org
Subject: [Oama] Re: Residency Requirement for Mayor

If after becoming non resident would not her vote on matters be of questionable validity?

On June 22, 2022, at 5:16 PM, Kim@spadylaw.com wrote:

This is what I was thinking, Ray.  Seems like it would have to be placed on the agenda and the governing body would have to make a determination that the mayor is no longer a resident of the municipality and therefore no longer holds office.

Absent that determination, the mayor remains in office.

It’s not a certain course of action – any councilmember could ask that the matter be placed on the agenda and the mayor would then surely be out. But if everyone is happy, maybe that won’t happen.

Kim Spady

From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Wednesday, June 22, 2022 4:29 PM
To: Lowell Peterson lpeterson@live.com; Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org
Subject: [Oama] Re: Residency Requirement for Mayor

But what about this.

11 OS 8-108

Whenever a member of the municipal governing body is absent from more than one-half of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.

Sounds like immediately, but

1996 OK AG 98

. An elected member of a municipal governing body who is absent for more than half of all meetings, regular and special, of that body held within any period of four consecutive months, vacates his or her office.
2. Under the provisions of 51 O.S.1991, § 8, it is the appointing authority who determines whether the facts giving rise to a vacancy in office have occurred. When there is a dispute over the facts giving rise to the vacancy, the appointing authority must afford the office holder some type of minimal due process.
3. Under the provisions of 11 O.S.1991, § 8-109, when a vacancy occurs in an elected municipal office-save that of mayor-it is the municipal governing body, by a majority vote of the remaining members, that fills the vacancy.
4. Thus, whether under the mandate of 11 O.S.1991, § 8-108, an elected municipal officer has vacated his or her office by virtue of being absent from more than half of all meetings, regular and special, of the municipal governing body held within any period of four consecutive months, is determined by the remaining members of that body.

Minimum due process?

Could this be applicable to your situation?

Ray

From: Lowell Peterson

Sent: Wednesday, June 22, 2022 4:13 PM

To: Phillip Morton ; oama@lists.imla.org

Subject: [Oama] Re: Residency Requirement for Mayor

Although § 9-103 of Title 11 allows for governing body members in an aldermanic city to relocate from one ward to another during the course of their term without losing their seat,

Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article IX - Aldermanic Form of Government
Section 9-103 - Qualifications of Governing Body Members
The governing body members shall be residents and registered voters of the city, and the councilmembers from wards shall be actual residents of their respective wards at the time of their respective candidacies and elections. Removal of a councilmember from a ward to another ward within the municipality after his or her election, or a change in ward boundaries, shall not disqualify the councilmember from completing the term for which he or she was elected.

§ 8-101, in reference to all municipal officers without distinction among forms of government, requires automatic termination of office upon relocation outside city limits.

Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article VIII - Officers - General Provisions
Section 8-101 - Qualifications for Elected Office
A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all councilmembers or trustees from wards shall be actual residents of their respective wards. If an elected official ceases to be a resident of the municipality, he shall thereupon cease to be an elected official of that municipality.

I think your mayor is no longer mayor immediately upon moving out of town.

Lowell Peterson

22309 E. 67th Street S.

Broken Arrow, OK 74014

lpeterson@live.com

Cell (918) 805-4090

From: Phillip Morton mortonlawoffice@gmail.com
Sent: Wednesday, June 22, 2022 3:47 PM
To: oama@lists.imla.org
Subject: [Oama] Residency Requirement for Mayor

Mayor has less than a year of her term left, and does not plan on running again. Aldermanic form of government. The Mayor is planning to move just outside of city limits prior to the expiration of her term. General consensus is that the citizens and council would like the mayor to finish out the term even if after the move. So my question is, practically how would this work, assuming the mayor does move outside of the municipal limits. Does the council have to make a determination that the mayor no longer meets the statutory qualifications and remove her? Or is her position vacated automatically?

Phillip N. Morton, J.D.

P.O. Box 1886

Ada, OK 74820

Phone: 580-759-0049

Fax: 580-759-2177

Email: MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

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If you think that is bad I know of a town that a person not in the town limits ran for Mayor and won.  Been a while back.
Ray

From: Lou Ann Moudy
Sent: Thursday, June 23, 2022 11:00 AM
To: Phillip Morton ; oama@lists.imla.org
Subject: [Oama] Re: Residency Requirement for Mayor

We recently had this issue.

Residency is fluid as to city limits IF a person owns or rents residential property within limits but has other properties outside of limits.  A person chooses where to claim residency.  If mayor retains ownership of or rents in-limits property and continues to claim that location as their residence,  its their residence for as long as they choose it to be, even if the person moves their furniture, family etc to a new location.  Once homestead etc is claimed, that is assertion of residence.
I found that the city council doesn't hold the power to determine residence.  It would take a removal action IF mayor still has property in  limits that they claim as residence.
If no property in limits, even something they choose to rent for a few months, then they immediately cease to hold office.

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From: Phillip Morton mortonlawoffice@gmail.com
Sent: Wednesday, June 22, 2022 3:47:06 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Residency Requirement for Mayor

Mayor has less than a year of her term left, and does not plan on running again. Aldermanic form of government. The Mayor is planning to move just outside of city limits prior to the expiration of her term. General consensus is that the citizens and council would like the mayor to finish out the term even if after the move. So my question is, practically how would this work, assuming the mayor does move outside of the municipal limits. Does the council have to make a determination that the mayor no longer meets the statutory qualifications and remove her? Or is her position vacated automatically?

Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049

Fax: 580-759-2177
Email: MortonLawOffice@gmail.com

CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.

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