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Oklahoma Association of Municipal Attorneys

Article 18, Section 3(a) Time Periods

Michael Beason

Wed, Jan 22, 2020 4:45 PM

Greetings:

My municipality has, by legislative action, called for the election of a Board of Freeholders to propose amendments to the Charter. The Board of Freeholders were duly elected sans challenge and on 01/17/20 completed their proposed amendments and have signed the same. Art. 18, section 3(a) of the Oklahoma constitution provides a time table completion and for publication and election by the voters. The Freeholders had 90 days to complete their work. By my calculation they completed it in 66 days. My question is ... does the time table for publication and election key off of the 90 day period afforded under the Oklahoma Constitution or the actual date of completion?

Thank you.

Greetings: My municipality has, by legislative action, called for the election of a Board of Freeholders to propose amendments to the Charter. The Board of Freeholders were duly elected sans challenge and on 01/17/20 completed their proposed amendments and have signed the same. Art. 18, section 3(a) of the Oklahoma constitution provides a time table completion and for publication and election by the voters. The Freeholders had 90 days to complete their work. By my calculation they completed it in 66 days. My question is ... does the time table for publication and election key off of the 90 day period afforded under the Oklahoma Constitution or the actual date of completion? Thank you.

david davis

Wed, Jan 22, 2020 5:01 PM

Absent a contrary provision in your charter the statute below should answer your questions

http://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKSTOklahoma Statutes Citationized
[http://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] http://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[http://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] http://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[http://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] http://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXIII-MunicipalCharters Article Article XIII - Municipal Charters
[http://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 13-106 - Notice of Charter Election
Cite as: O.S. §, __ __

Within twenty (20) days after receipt of the proposed charter from the board of freeholders, the governing body shall publish the proposed charter and an announcement of the date for the charter election in a newspaper of general circulation within the municipality once per week for three (3) consecutive weeks. The date for the charter election shall not be less than twenty (20) days nor more than thirty (30) days after the last publication.

CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

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.com mailto:ddavislaw@live.com

From: Oama oama-bounces@lists.imla.org on behalf of Michael Beason mbeason@altusok.gov
Sent: Wednesday, January 22, 2020 10:45 AM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Article 18, Section 3(a) Time Periods

Greetings:

My municipality has, by legislative action, called for the election of a Board of Freeholders to propose amendments to the Charter. The Board of Freeholders were duly elected sans challenge and on 01/17/20 completed their proposed amendments and have signed the same. Art. 18, section 3(a) of the Oklahoma constitution provides a time table completion and for publication and election by the voters. The Freeholders had 90 days to complete their work. By my calculation they completed it in 66 days. My question is … does the time table for publication and election key off of the 90 day period afforded under the Oklahoma Constitution or the actual date of completion?

Thank you.

Absent a contrary provision in your charter the statute below should answer your questions <http://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST>Oklahoma Statutes Citationized [http://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] <http://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11> Title 11. Cities and Towns [http://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] <http://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode> Chapter 1 - Oklahoma Municipal Code [http://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] <http://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXIII-MunicipalCharters> Article Article XIII - Municipal Charters [http://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 13-106 - Notice of Charter Election Cite as: O.S. §, __ __ ________________________________ Within twenty (20) days after receipt of the proposed charter from the board of freeholders, the governing body shall publish the proposed charter and an announcement of the date for the charter election in a newspaper of general circulation within the municipality once per week for three (3) consecutive weeks. The date for the charter election shall not be less than twenty (20) days nor more than thirty (30) days after the last publication. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. 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.com<mailto:ddavislaw@live.com> ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of Michael Beason <mbeason@altusok.gov> Sent: Wednesday, January 22, 2020 10:45 AM To: oama@lists.imla.org <oama@lists.imla.org> Subject: [Oama] Article 18, Section 3(a) Time Periods Greetings: My municipality has, by legislative action, called for the election of a Board of Freeholders to propose amendments to the Charter. The Board of Freeholders were duly elected sans challenge and on 01/17/20 completed their proposed amendments and have signed the same. Art. 18, section 3(a) of the Oklahoma constitution provides a time table completion and for publication and election by the voters. The Freeholders had 90 days to complete their work. By my calculation they completed it in 66 days. My question is … does the time table for publication and election key off of the 90 day period afforded under the Oklahoma Constitution or the actual date of completion? Thank you.