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Board Vacancy

LV
Larry Vickers
Thu, Aug 4, 2022 7:44 PM

Group,

Have run into a new problem. Have a vacancy on a Town Board of Trustees, and no one is interested in filling it. Do we have to have an election if no one wants the spot? I don't see how we don't, but I hate to have an election and pay for it if no one runs. Any ideas are greatly appreciated.

Thanks,

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.comhttp://www.lvickerslaw.com/

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

Group, Have run into a new problem. Have a vacancy on a Town Board of Trustees, and no one is interested in filling it. Do we have to have an election if no one wants the spot? I don't see how we don't, but I hate to have an election and pay for it if no one runs. Any ideas are greatly appreciated. Thanks, Larry Vickers, Jr. Attorney At Law, P.L.L.C. 600 Emporia Street, Suite B Muskogee, Oklahoma 74401 Phone: 918-682-5900 & 303 South Thornton Vian, Oklahoma 74962 Phone: 918-773-4004 http://www.lvickerslaw.com<http://www.lvickerslaw.com/> E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
ML
Matt Love
Thu, Aug 4, 2022 9:19 PM

Larry,

As crazy as it may seem, I'm not sure how you could get around having to
call an election. 8-109(A) uses mandatory verbiage - "If the vacancy has
not been filled within sixty (6) days after it occurs, the governing body
shall call for a special election ... unless said vacancy occurs or said
election would occur within one hundred twenty (120) days prior to the
first day of the filing period for the next general municipal election".
The next sentence then addresses what happens if the vacancy isn't filled
through the election - it goes back to the Board for appointment. At that
point, if no one runs in the election, then the Board would be able to sit
on the vacancy until they found someone or the next general election -
after all, the 60 day trigger for the duty to call an election would have
expired.

Matt

On Thu, Aug 4, 2022 at 2:44 PM Larry Vickers larry@lvickerslaw.com wrote:

Group,

Have run into a new problem. Have a vacancy on a Town Board of Trustees,
and no one is interested in filling it. Do we have to have an election if
no one wants the spot? I don't see how we don't, but I hate to have an
election and pay for it if no one runs. Any ideas are greatly appreciated.

Thanks,

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

*Muskogee, Oklahoma 74401              *

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.com http://www.lvickerslaw.com/

E-mails from this firm normally contain confidential and privileged
material, and are for the sole use of the intended recipient. Use or
distribution by an unintended recipient is prohibited, and may be a
violation of law. If you believe that you received this e-mail in error,
please do not read this e-mail or any attached items. Please delete the
e-mail and all attachments, including any copies thereof, and inform the
sender that you have deleted the e-mail, all attachments and any copies
thereof. Thank you.

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Larry, As crazy as it may seem, I'm not sure how you could get around having to call an election. 8-109(A) uses mandatory verbiage - "If the vacancy has not been filled within sixty (6) days after it occurs, the governing body *shall* call for a special election ... unless said vacancy occurs or said election would occur within one hundred twenty (120) days prior to the first day of the filing period for the next general municipal election". The next sentence then addresses what happens if the vacancy isn't filled through the election - it goes back to the Board for appointment. At that point, if no one runs in the election, then the Board would be able to sit on the vacancy until they found someone or the next general election - after all, the 60 day trigger for the duty to call an election would have expired. Matt On Thu, Aug 4, 2022 at 2:44 PM Larry Vickers <larry@lvickerslaw.com> wrote: > Group, > > > Have run into a new problem. Have a vacancy on a Town Board of Trustees, > and no one is interested in filling it. Do we have to have an election if > no one wants the spot? I don't see how we don't, but I hate to have an > election and pay for it if no one runs. Any ideas are greatly appreciated. > > > Thanks, > > > *Larry Vickers, Jr.* > *Attorney At Law, P.L.L.C.* > > *600 Emporia Street, Suite B* > > *Muskogee, Oklahoma 74401 * > > *Phone: 918-682-5900* > > *&* > > *303 South Thornton* > > *Vian, Oklahoma 74962* > > *Phone: 918-773-4004* > > *http://www.lvickerslaw.com <http://www.lvickerslaw.com/>* > > E-mails from this firm normally contain confidential and privileged > material, and are for the sole use of the intended recipient. Use or > distribution by an unintended recipient is prohibited, and may be a > violation of law. If you believe that you received this e-mail in error, > please do not read this e-mail or any attached items. Please delete the > e-mail and all attachments, including any copies thereof, and inform the > sender that you have deleted the e-mail, all attachments and any copies > thereof. Thank you. > > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >