City services as prize
Is anyone aware of any provision that would prohibit a municipality or one of its entities from giving away municipal services as prizes, i.e. three free months of trash service for the best dumpster decoration, etc.? Thanks in advance.
Thomas Marcum
Sent from my iPhone
Generally, City cannot make gifts. Take a look at Okla. Const. art. X, §§ 15, 17. A "gift" has been defined as a "gratuitous transfers of property of the state voluntarily and without consideration." You have to examine the purpose of the transaction and determine whether the city is receiving any consideration in return for the reward.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
-----Original Message-----
From: Tom Marcum tmarcum@durant.org
Sent: Sunday, April 30, 2023 9:45 PM
To: OAMA@lists.imla.org
Subject: [Oama] City services as prize
Is anyone aware of any provision that would prohibit a municipality or one of its entities from giving away municipal services as prizes, i.e. three free months of trash service for the best dumpster decoration, etc.? Thanks in advance.
Thomas Marcum
Sent from my iPhone
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I agree, however, you can find AG Opinions all over the map on this. If you can say it is for a legitimate purpose (e.g. marketing or public relations), I think it will pass.
Sent from my iPhone
On May 1, 2023, at 3:30 PM, Jon Miller JMiller@cityofmustang.org wrote:
Generally, City cannot make gifts. Take a look at Okla. Const. art. X, §§ 15, 17. A “gift” has been defined as a "gratuitous transfers of property of the state voluntarily and without consideration." You have to examine the purpose of the transaction and determine whether the city is receiving any consideration in return for the reward.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
-----Original Message-----
From: Tom Marcum tmarcum@durant.org
Sent: Sunday, April 30, 2023 9:45 PM
To: OAMA@lists.imla.org
Subject: [Oama] City services as prize
Is anyone aware of any provision that would prohibit a municipality or one of its entities from giving away municipal services as prizes, i.e. three free months of trash service for the best dumpster decoration, etc.? Thanks in advance.
Thomas Marcum
Sent from my iPhone
--
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Mark, I agree as well. What constitutes an appropriate public purpose can vary depending on the facts. Investment by the City that supports the health, safety, moral fabric and well-being of the community may provide plenty of consideration.
Jon
From: Mark Ramsey MRamsey@soonerlaw.com
Sent: Monday, May 1, 2023 11:17 AM
To: Jon Miller JMiller@cityofmustang.org
Cc: Tom Marcum tmarcum@durant.org; oama@lists.imla.org
Subject: Re: [Oama] Re: City services as prize
I agree, however, you can find AG Opinions all over the map on this. If you can say it is for a legitimate purpose (e.g. marketing or public relations), I think it will pass.
Sent from my iPhone
On May 1, 2023, at 3:30 PM, Jon Miller <JMiller@cityofmustang.orgmailto:JMiller@cityofmustang.org> wrote:
Generally, City cannot make gifts. Take a look at Okla. Const. art. X, §§ 15, 17. A “gift” has been defined as a "gratuitous transfers of property of the state voluntarily and without consideration." You have to examine the purpose of the transaction and determine whether the city is receiving any consideration in return for the reward.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
-----Original Message-----
From: Tom Marcum <tmarcum@durant.orgmailto:tmarcum@durant.org>
Sent: Sunday, April 30, 2023 9:45 PM
To: OAMA@lists.imla.orgmailto:OAMA@lists.imla.org
Subject: [Oama] City services as prize
Is anyone aware of any provision that would prohibit a municipality or one of its entities from giving away municipal services as prizes, i.e. three free months of trash service for the best dumpster decoration, etc.? Thanks in advance.
Thomas Marcum
Sent from my iPhone
--
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Thanks, all!
Thomas MarcumSent from my iPhone
On May 1, 2023, at 11:22 AM, Jon Miller <JMiller@cityofmustang.org> wrote:
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div.WordSection1 { page: WordSection1; } Mark, I agree as well. What constitutes an appropriate public purpose can vary depending on the facts. Investment by the City that supports the health, safety, moral fabric and well-being of the community may provide plenty of consideration.Jon
From: Mark Ramsey <MRamsey@soonerlaw.com>
Sent: Monday, May 1, 2023 11:17 AM
To: Jon Miller <JMiller@cityofmustang.org>
Cc: Tom Marcum <tmarcum@durant.org>; oama@lists.imla.org
Subject: Re: [Oama] Re: City services as prizeI agree, however, you can find AG Opinions all over the map on this. If you can say it is for a legitimate purpose (e.g. marketing or public relations), I think it will pass. Sent from my iPhone On Ma
sophospsmartbannerend
I agree, however, you can find AG Opinions all over the map on this. If you can say it is for a legitimate purpose (e.g. marketing or public relations), I think it will pass.
Sent from my iPhone
On May 1, 2023, at 3:30 PM, Jon Miller <JMiller@cityofmustang.org> wrote:
Generally, City cannot make gifts. Take a look at Okla. Const. art. X, §§ 15, 17. A “gift” has been defined as a "gratuitous transfers of property of the state voluntarily and without consideration." You have to examine the purpose of the transaction and determine whether the city is receiving any consideration in return for the reward.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
-----Original Message-----
From: Tom Marcum <tmarcum@durant.org>
Sent: Sunday, April 30, 2023 9:45 PM
To: OAMA@lists.imla.org
Subject: [Oama] City services as prizeIs anyone aware of any provision that would prohibit a municipality or one of its entities from giving away municipal services as prizes, i.e. three free months of trash service for the best dumpster decoration, etc.? Thanks in advance.
Thomas Marcum
Sent from my iPhone
--
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