Colleagues,

I have been researching whether a convicted felon can serve on the board of directors of a rural water district, but I have not found a definitive answer.  Is a convicted felon prohibited from serving on the board of a rural water district?  Any input or direction will be appreciated.

Thanks,
Joe Weaver
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I am interested in this information, also.  
Anyone ?????
Kay Wall
On Thursday, January 18, 2024 at 11:24:16 AM CST, Joe Weaver via Oama oama@lists.imla.org wrote:

   Colleagues,

I have been researching whether a convicted felon can serve on the board of directors of a rural water district, but I have not found a definitive answer.  Is a convicted felon prohibited from serving on the board of a rural water district?  Any input or direction will be appreciated.

Thanks,

Joe Weaver
NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) 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 herein.--
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I do not believe status a felon prohibits a person from serving the board of a rural water district.

Under the rural water district act (84 OS 1324.1 et seq.) the governing body of the district is the board of directors elected by the landowners contained within the district. The act imposes only two conditions of eligibility: (1) they must be participating members (own a beneficial unit in the district) and (2) they must pledge to undergo state mandated training. Other than that, the act imposes no felon bar. If the same exists, it must exist elsewhere.

There is a general statute prohibiting a felon (on account of his inability to vote and thus lack of status as qualified elector) from serving in elective or appointive county office. 19 OS 132. However, the officers of a rural water district are not county offices. In Armstrong v Sewer Improvement District (1948 OK 198), the court held rural service districts are not political subdivisions of the state like counties or municipalities. In the later case of PSO v. NE Rogers County Fire Protection District (1983 OK 96), the court again affirmed rural service districts are not extensions of the county government. Together, these two cases stand for the proposition that rural water districts are not bound by the anti-felon statutory prohibition applicable to counties.

As rural water districts are functionally private entities with limited quasi-governmental protections, I do not believe felon status is a barrier to service.

JTH

John Tyler Hammons
Hammons Hamby & Price, PLLC
(918) 683-0309

Sent from my iPhone

From: Kay Robbins Wall via Oama oama@lists.imla.org
Sent: Thursday, January 18, 2024 2:28:35 PM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org; Joe Weaver jweaver@basslaw.net
Subject: [Oama] Re: Convicted felons serving on the board of directors of a Rural Water District

I am interested in this information, also.

Anyone ?????

Kay Wall

On Thursday, January 18, 2024 at 11:24:16 AM CST, Joe Weaver via Oama oama@lists.imla.org wrote:

Colleagues,

I have been researching whether a convicted felon can serve on the board of directors of a rural water district, but I have not found a definitive answer.  Is a convicted felon prohibited from serving on the board of a rural water district?  Any input or direction will be appreciated.

Thanks,

Joe Weaver

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) 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 herein.

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Look at the case of Yocham v County Election Board of Creek County, 1947 OK 165, 180 P.2d 831 (OK 1947).
John Crockett
On Thursday, January 18, 2024 at 02:28:54 PM CST, Kay Robbins Wall via Oama oama@lists.imla.org wrote:

I am interested in this information, also.  
Anyone ?????
Kay Wall
On Thursday, January 18, 2024 at 11:24:16 AM CST, Joe Weaver via Oama oama@lists.imla.org wrote:

   Colleagues,

I have been researching whether a convicted felon can serve on the board of directors of a rural water district, but I have not found a definitive answer.  Is a convicted felon prohibited from serving on the board of a rural water district?  Any input or direction will be appreciated.

Thanks,

Joe Weaver
NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) 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 herein.--
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