Advisory Board Membership
Does anyone know of a legal reason that a Councilmember can not also serve as member of an advisory committee for the City? We have a new Council member who currently is a member of an advisory committee and who wishes to remain on that committee. Our past practice has been to require a new Council member to resign from all other city boards or committees but I don't see any law directly requiring it.
11 O.S 8-106 states a "person may hold more than one office or position in a municipal government as the governing body may ordain. A member of the governing body shall not receive compensation for service in any municipal office or position other than his elected office."
William W. Wheeler, Jr.
Mueller, Wheeler & Associates, PLLC
Attorneys at Law
106 S. Division St.
P.O. Box 1201
Guthrie, OK 73044
(405) 282-7677
Fax (405) 708-5356
wwheeler@oktitleattorney.com
www.oktitleattorney.com
This message from the law office of Mueller, Wheeler & Associates, PLLC may contain confidential or privileged information. If you received this transmission in error, please call us immediately at (405)282-7677 or contact us by E-mail at wwheeler@oktitleattorney.com. Disclosure or use of any part of this message by persons other than the intended recipient is prohibited.
There Is no legal reason. Pursuant to the state statute the governing body would have to approve of such situation. Advisory committees routinely provide their advice and recommendations on city matters and policies to the city council and/or the mayor.
The practical reason for requiring a newly elected council member to resign their committee appointment is that the city council and/or mayor desire independent advice from their advisory committee on issues and policies that may be considered and voted upon by the council. A council member sitting on an advisory committee would have the ability to, channel, even guide, and significantly influence the committee’s discussions, views, positions and recommendations on matters being considered by the committee, and consequently, by remaining an advisory board member, potentially having significantly greater influence on city decisions made by the city council and/or mayor.
David E. O’Meilia | City Attorney
City of Tulsa Legal Department
175 East 2nd Street; Tulsa, OK 74103
T: 918-596-7717
F: 918-596-9700
E: domeilia@cityoftulsa.orgmailto:domeilia@cityoftulsa.org
www.cityoftulsa.orghttp://www.cityoftulsa.org/
From: Oama oama-bounces@lists.imla.org On Behalf Of wwheeler@oktitleattorney.com
Sent: Thursday, February 06, 2020 11:59 AM
To: oama@lists.imla.org
Subject: [Oama] Advisory Board Membership
Does anyone know of a legal reason that a Councilmember can not also serve as member of an advisory committee for the City? We have a new Council member who currently is a member of an advisory committee and who wishes to remain on that committee. Our past practice has been to require a new Council member to resign from all other city boards or committees but I don't see any law directly requiring it.
11 O.S 8-106 states a "person may hold more than one office or position in a municipal government as the governing body may ordain. A member of the governing body shall not receive compensation for service in any municipal office or position other than his elected office."
William W. Wheeler, Jr.
Mueller, Wheeler & Associates, PLLC
Attorneys at Law
106 S. Division St.
P.O. Box 1201
Guthrie, OK 73044
(405) 282-7677
Fax (405) 708-5356
wwheeler@oktitleattorney.commailto:wwheeler@oktitleattorney.com
www.oktitleattorney.comhttps://gcc01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.oktitleattorney.com%2F&data=02%7C01%7Cdomeilia%40cityoftulsa.org%7C4dd247a179954956492d08d7ab2e7073%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C1%7C637166088250360658&sdata=gP%2Bakmj%2FSWlh6S%2B1m3ry4q6BsFuBPt3%2B0yNpU6KalBU%3D&reserved=0
This message from the law office of Mueller, Wheeler & Associates, PLLC may contain confidential or privileged information. If you received this transmission in error, please call us immediately at (405)282-7677 or contact us by E-mail at wwheeler@oktitleattorney.commailto:wwheeler@oktitleattorney.com. Disclosure or use of any part of this message by persons other than the intended recipient is prohibited.