I agree with all comments. The ordinance had been around since 1977, and was concerned that maybe I was missing something in my research. I do not see how such a provision benefits the city, and it has not been used as far as I am aware. Thanks for all the input. 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: Jot Hartley <jothartley@gmail.com> Sent: Tuesday, September 27, 2022 4:08 PM To: Matt Love <matt.love@gmail.com> Cc: Boulden, Patrick <patrickboulden@tulsacouncil.org>; Jon Miller <JMiller@cityofmustang.org>; oama (oama@lists.imla.org) <oama@lists.imla.org> Subject: Re: [Oama] Re: AUTHORITY TO CRIMINALIZE NONPAYMENT OF UTILITIES I agree with Patrick and Matt. When you are already in a hole............quit digging. Trying to criminalize non-payment of a utility bill will only make matters worse, not to mention the potential adverse political consequences. JOT HARTLEY THE HARTLEY LAW FIRM, PLLC 177 W. Delaware Ave. Vinita, OK 74301 (918) 256-2100 FAX (918) 256-2121 Cell: (918) 244-0394 Mail to: jothartley@gmail.com<mailto:jothartley@gmail.com> This e-mail is covered by the Electronic Communications Privacy Act and may be legally privileged. The information contained in this e-mail is confidential, may be subject to the attorney-client privilege and is intended solely for review and use by the individual(s) or entity(ies) named above. If the reader of this message is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender and destroy the original message. On Tue, Sep 27, 2022 at 3:53 PM Matt Love <matt.love@gmail.com<mailto:matt.love@gmail.com>> wrote: "Back in the day" the Courts distinguished between governmental activities and more business type activities. When a City engages in an enterprise type activity (sewer, water, etc.), that's more of a business activity with a contractual relationship between City and its utility customers. You could certainly have a law that would make it a penal violation to occupy a building without sewer / water service, but I'm with Patrick - I don't think you can criminalize not paying a utility bill. Put differently, there could be a penal violation that is a consequence of not paying the bill (e.g. if your water and sewer is cutoff then you can't maintain occupancy and continuing to occupy could be a health and safety violation), but not for simply not paying the bill. Matt On Tue, Sep 27, 2022 at 3:43 PM Boulden, Patrick <patrickboulden@tulsacouncil.org<mailto:patrickboulden@tulsacouncil.org>> wrote: I know this does not answer your question, but it makes no sense to fine someone who doesn’t pay their bills. I think it has to be a civil suit. Patrick Boulden | From: Boulden, Patrick <patrickboulden@tulsacouncil.org<mailto:patrickboulden@tulsacouncil.org>> Sent: Tuesday, September 27, 2022 3:41 PM To: 'Jon Miller' <JMiller@cityofmustang.org<mailto:JMiller@cityofmustang.org>>; oama (oama@lists.imla.org<mailto:oama@lists.imla.org>) <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Re: AUTHORITY TO CRIMINALIZE NONPAYMENT OF UTILITIES Oklahoma Constitution Article 2 - Bill of Rights Section Article 2 section 13 - Imprisonment for debt “§ 13. Imprisonment for debt. Imprisonment for debt is prohibited, except for the non-payment of fines and penalties imposed for the violation of law.” Patrick Patrick Boulden | Council Administrator Office of the Tulsa City Council 175 East Second Street, Suite 475 Tulsa, OK 74103-3208 T: 918-596-1967 C: 918-284-1417 E: patrickboulden@tulsacouncil.org<mailto:patrickboulden@tulsacouncil.org> From: Jon Miller <JMiller@cityofmustang.org<mailto:JMiller@cityofmustang.org>> Sent: Tuesday, September 27, 2022 12:25 PM To: oama (oama@lists.imla.org<mailto:oama@lists.imla.org>) <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] AUTHORITY TO CRIMINALIZE NONPAYMENT OF UTILITIES Does a municipality have power/authority to make failure to pay a bill for water, sewer or refuse a criminal offense punishable by fine? I can’t find any statute directly on point. 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. CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content. CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content. -- Oama mailing list -- oama@lists.imla.org<mailto:oama@lists.imla.org> To unsubscribe send an email to oama-leave@lists.imla.org<mailto:oama-leave@lists.imla.org> -- Oama mailing list -- oama@lists.imla.org<mailto:oama@lists.imla.org> To unsubscribe send an email to oama-leave@lists.imla.org<mailto:oama-leave@lists.imla.org>