Can an elected city official serve as an appointed board member of a housing authority board? Any help in answering this question is greatly appreciated. Law Office of: Andrew Nestor, III 312 West Broadway Drumright, Oklahoma 74030 918.352.9700 918.352.9702 -Fax [ law@anestorlaw.com ]( http://law@anestorlaw.com ) - email [ http://www.anestorlaw.com ]( http://www.anestorlaw.com ) (A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately be e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

Generally, it depends on whether it is an “office,” whether there is a salary, and whether there is an Ordinance allowing it. Take a look at 51 O.S. Section 6 and 11 O.S. Section 8-106. Good Luck! Mark H. Ramsey For the Firm Taylor, Foster, Mallett, Downs, Ramsey & Russell, P.C. P.O. Box 309 Claremore, OK 74018 918-343-4100 918-343-4900 fax mramsey@soonerlaw.com<mailto:apixley@soonerlaw.com> The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.com<mailto:postmaster@soonerlaw.com> and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you. From: law@anestorlaw.com <law@anestorlaw.com> Sent: Tuesday, November 15, 2022 2:19 PM To: oama@lists.imla.org Subject: [Oama] APPOINTMENT OF CITY OFFICAL TO HOUSING AUTHORITY BOARD Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail. ________________________________ Can an elected city official serve as an appointed board member of a housing authority board? Any help in answering this question is greatly appreciated. Law Office of: Andrew Nestor, III 312 West Broadway Drumright, Oklahoma 74030 918.352.9700 918.352.9702 -Fax law@anestorlaw.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2flaw%40anestorlaw.com&c=E,1,0mBZ-ZqFk8vrGKjAEJsih1LAtEzQN-jDwKMU4KusQMhumQ6i7QSeNRzjN9Vr6KugmXvG8qFamJlOVejPdDZ8rNikMYQcyvRimkvJRl20jeMyBWU1cfG7fqWj&typo=1> - email http://www.anestorlaw.com<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.anestorlaw.com&c=E,1,csiAVRc2X69BsHdT8cD5T3m5lWYLsq-ZAOeApTYvKOdRJ5qsWHu9pFvw5Oih8vuZp69n9-fwl7mdiF4e6-_cK1-8DHVa24RWQ0P0Po_IicwAghVW&typo=1> (A) This communication is covered by the Electronic Communications Privacy Act, 18 USC §§ 2510-2521, and other applicable state and federal law. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately be e-mail and delete all copies of the message. (B) This communication is not intended to nor does it create or confirm any attorney-client relationship.(C) IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

Agree with Mark. If both positions are “offices,” and in my opinion they are, it’s dual office holding under Sec. 6 unless one of the numerous exceptions added to Sec. 6 applies. Get Outlook for iOS<https://aka.ms/o0ukef> ________________________________ From: Mark Ramsey <MRamsey@soonerlaw.com> Sent: Wednesday, November 16, 2022 10:08:11 AM To: law@anestorlaw.com <law@anestorlaw.com>; oama@lists.imla.org <oama@lists.imla.org> Subject: [Oama] Re: APPOINTMENT OF CITY OFFICAL TO HOUSING AUTHORITY BOARD Generally, it depends on whether it is an “office,” whether there is a salary, and whether there is an Ordinance allowing it. Take a look at 51 O.S. Section 6 and 11 O.S. Section 8-106. Good Luck! Mark H. Ramsey For the Firm Taylor, Foster, Mallett, Downs, Ramsey & Russell, P.C. P.O. Box 309 Claremore, OK 74018 918-343-4100 918-343-4900 fax mramsey@soonerlaw.com<mailto:apixley@soonerlaw.com> The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.com<mailto:postmaster@soonerlaw.com> and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you. From: law@anestorlaw.com <law@anestorlaw.com> Sent: Tuesday, November 15, 2022 2:19 PM To: oama@lists.imla.org Subject: [Oama] APPOINTMENT OF CITY OFFICAL TO HOUSING AUTHORITY BOARD Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail. ________________________________ Can an elected city official serve as an appointed board member of a housing authority board? Any help in answering this question is greatly appreciated. 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So this would be a 2 step analysis, with step 1 obviously being whether both positions at issue are public offices. If they are, then 51 O.S. 6 would generally prohibit a person from holding both unless there was an exception. Section 6 provides numerous exceptions, and there are other exceptions outside of Section 6 (such as 11 O.S. 8-106, which only relates to holding more than one office or position within the same Municipality). In this case, you're talking about Position 1 being a public office with a Municipality and Position 2 being a Board member on a Housing Authority. My assumption would be that the Authority would not be a Title 60 Trust but, instead, one setup pursuant to the Oklahoma Housing Authority Act, 63 O.S. 1051 et seq. No one doubts that an elected official for a City is going to be a public officer. So the question really is whether a Housing Authority Board member would be a public officer. The three part test is whether 1) the position is created or authorized by law, 2) has defined duties imposed by law on the incumbent, and 3) whether there is an exercise of sovereign power by the position. Title 63 authorizes the creation of the Authority and the appointment of commissioners for the authority. So box #1 gets a check mark. Title 63 defines and vests powers with the commissioners, so check box #2. Those defined powers are outlined in 63 O.S. 1061, and would likely be found to include some degree of an exercise of sovereign authority. Check box #3. At that point, you would be dealing with 2 public offices, and 51 O.S. 6 would make it generally unlawful to hold both. But I think an argument could be made that the Authority position fall within the exception to the dual office holding prohibition that is contained in 51 O.S. 6(A)(5): The provisions of this section shall not apply to: ... Any person holding a county or municipal office or position, or membership on any public trust authority, who is a member of a board or commission that relates to federal, state, county or municipal government and is created by the United States government, the State of Oklahoma or a political subdivision of the state, except where the duties of the offices or positions conflict; 1983 OK AG 105 and 2006 OK AG 22 offer some good discussion on this exception. The former discusses how the GRDA Board seats are public offices that relate to municipal government, while the latter makes clear that the exception does not apply to public offices of a Municipality (since they do not merely "relate" to Municipal government). But I think if you run through the analysis from those two opinions, you could apply it to your situation with a Housing Authority to determine whether a Housing Authority (and it's Board positions) is a board or commission that relates to county or municipal government. If it does relate, then you would have an express exemption you could rely on. Matt On Wed, Nov 16, 2022 at 10:20 AM Jordan, Kenneth <kenneth.jordan@okc.gov> wrote: > Agree with Mark. If both positions are “offices,” and in my opinion they > are, it’s dual office holding under Sec. 6 *unless* one of the numerous > exceptions added to Sec. 6 applies. > > Get Outlook for iOS <https://aka.ms/o0ukef> > ------------------------------ > *From:* Mark Ramsey <MRamsey@soonerlaw.com> > *Sent:* Wednesday, November 16, 2022 10:08:11 AM > *To:* law@anestorlaw.com <law@anestorlaw.com>; oama@lists.imla.org < > oama@lists.imla.org> > *Subject:* [Oama] Re: APPOINTMENT OF CITY OFFICAL TO HOUSING AUTHORITY > BOARD > > > Generally, it depends on whether it is an “office,” whether there is a > salary, and whether there is an Ordinance allowing it. Take a look at 51 > O.S. Section 6 and 11 O.S. Section 8-106. > > > > Good Luck! > > > > Mark H. Ramsey > > For the Firm > > *Taylor, Foster, Mallett,* > > *Downs, Ramsey & Russell, P.C**.* > > P.O. Box 309 > > Claremore, OK 74018 > > 918-343-4100 > > 918-343-4900 fax > > mramsey@soonerlaw.com <apixley@soonerlaw.com> > > *The information contained in this electronic mail transmission (including > any accompanying attachments) is intended solely for its authorized > recipient(s), and may be confidential and/or legally privileged. If you are > not an intended recipient, or responsible for delivering some or all of > this transmission to an intended recipient, you have received this > transmission in error and are hereby notified that you are strictly > prohibited from reading, copying, printing, distributing or disclosing any > of the information contained in it. In that event, please contact us > immediately by telephone (918) 343-4100 or by electronic mail at * > postmaster@soonerlaw.com* and delete the original and all copies of this > transmission (including any attachments) without reading or saving in any > manner. Thank you.* > > > > > > > > *From:* law@anestorlaw.com <law@anestorlaw.com> > *Sent:* Tuesday, November 15, 2022 2:19 PM > *To:* oama@lists.imla.org > *Subject:* [Oama] APPOINTMENT OF CITY OFFICAL TO HOUSING AUTHORITY BOARD > > > > *Notice: This email is from an external source. Do not open attachments or > click on links from unknown senders or unexpected e-mail.* > ------------------------------ > > > > Can an elected city official serve as an appointed board member of a > housing authority board? Any help in answering this question is greatly > appreciated. > > > > > > *Law Office of:* > > *Andrew Nestor, III* > > 312 West Broadway > > Drumright, Oklahoma 74030 > > 918.352.9700 > > 918.352.9702 -Fax > > law@anestorlaw.com > <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252flaw%2540anestorlaw.com%26c%3DE%2C1%2C0mBZ-ZqFk8vrGKjAEJsih1LAtEzQN-jDwKMU4KusQMhumQ6i7QSeNRzjN9Vr6KugmXvG8qFamJlOVejPdDZ8rNikMYQcyvRimkvJRl20jeMyBWU1cfG7fqWj%26typo%3D1&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C8be8a373152a4d1501bf08dac7ecf33e%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C638042117760342499%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=FeCWjFACcFHdgPe4voeedPJwWFht6YpXMQTZmXOdwwA%3D&reserved=0> > - email > > http://www.anestorlaw.com > <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252fwww.anestorlaw.com%26c%3DE%2C1%2CcsiAVRc2X69BsHdT8cD5T3m5lWYLsq-ZAOeApTYvKOdRJ5qsWHu9pFvw5Oih8vuZp69n9-fwl7mdiF4e6-_cK1-8DHVa24RWQ0P0Po_IicwAghVW%26typo%3D1&data=05%7C01%7Ckenneth.jordan%40okc.gov%7C8be8a373152a4d1501bf08dac7ecf33e%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C638042117760342499%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=yx6hOn5X2ZiljQy2fN%2B1l%2FqZblR%2BpYr4gm3kM54cFxw%3D&reserved=0> > > > > (A) This communication is covered by the Electronic Communications Privacy > Act, 18 USC §§ 2510-2521, and other applicable state and federal law. 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