Removal of City Council person
Can a City Council person who was appointed by the City Council to fill a vacancy in an unexpired term be removed from the office by a majority vote of the Council that appointed him?
Raymond A. Vincent
Raymond A. Vincent, PLLC
1919 S. Sunnylane Rd., Suite 200
Del City, Oklahoma 73115
405-235-0484
Fax 405-236-3689
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When someone is appointed to fill the unexpired term on an elected
position, then they hold the same title to that office as though they were
elected. So they can only be removed for the reasons that that the elected
person could be removed. But I don't believe you can simply do what is
effectively a motion to reconsider the vote on appointment.
On Thu, Feb 2, 2023 at 12:25 PM rayvincent@coxinet.net wrote:
Can a City Council person who was appointed by the City Council to fill a
vacancy in an unexpired term be removed from the office by a majority vote
of the Council that appointed him?
Raymond A. Vincent
Raymond A. Vincent, PLLC
1919 S. Sunnylane Rd., Suite 200
Del City, Oklahoma 73115
405-235-0484
Fax 405-236-3689
CONFIDENTIALITY NOTE
This e-mail transmission, and all documents, files or previous e-mail
messages attached to it, are being sent by an attorney and may contain
information that is confidential or legally privileged. This transmission
is intended solely for the exclusive use of the named recipient. If you are
not the intended recipient, or a person responsible for delivering it to
the intended recipient, you are hereby notified that you must not read this
transmission and that any disclosure, copying, printing, distribution or
use of any of the information contained in or attached to this transmission
is STRICTLY PROHIBITED. If you have received this transmission in error,
please immediately notify the sender by telephone or return e-mail and
delete the original transmission and its attachments without reading or
saving in any manner. Thank you.
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Thanks. Now I can tell the Mayor that no city attorney in the state thinks it is possible.
Ray
From: Matt Love
Sent: Thursday, February 2, 2023 12:33 PM
To: rayvincent@coxinet.net
Cc: OAMA
Subject: Re: [Oama] Removal of City Council person
When someone is appointed to fill the unexpired term on an elected position, then they hold the same title to that office as though they were elected. So they can only be removed for the reasons that that the elected person could be removed. But I don't believe you can simply do what is effectively a motion to reconsider the vote on appointment.
On Thu, Feb 2, 2023 at 12:25 PM rayvincent@coxinet.net wrote:
Can a City Council person who was appointed by the City Council to fill a vacancy in an unexpired term be removed from the office by a majority vote of the Council that appointed him?
Raymond A. Vincent
Raymond A. Vincent, PLLC
1919 S. Sunnylane Rd., Suite 200
Del City, Oklahoma 73115
405-235-0484
Fax 405-236-3689
CONFIDENTIALITY NOTE
This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.
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No. Removal would be subject to the same requirements for removal as any official.
Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.
On Feb 2, 2023, at 12:25 PM, rayvincent@coxinet.net wrote:
Can a City Council person who was appointed by the City Council to fill a vacancy in an unexpired term be removed from the office by a majority vote of the Council that appointed him?
Raymond A. Vincent
Raymond A. Vincent, PLLC
1919 S. Sunnylane Rd., Suite 200
Del City, Oklahoma 73115
405-235-0484
Fax 405-236-3689
CONFIDENTIALITY NOTE
This e-mail transmission, and all documents, files or previous e-mail messages attached to it, are being sent by an attorney and may contain information that is confidential or legally privileged. This transmission is intended solely for the exclusive use of the named recipient. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.
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