Board Member Training
Fellow Attorneys:
I have a board member who did not take his training within the one-year time period. Do I acknowledge at the next meeting that he is off the board due to the Law? Can I immediately on the next Agenda item appoint him for a new term? Or should I wait until the next meeting to appoint him for a new term? This is a Rural Water District Board set up specifically to handle the water to Carlton Landing.
If any of you have had this situation, I would appreciate advice on how your board handles it.
Thanks,
Kay Wall
Happy to provide more detail next week, but the short version:
If this is a seat they have a vested title/interest in, then the vacancy created by failure to meet a statutory criteria is not self executing. The Board (as the power to appoint) would have to declare the vacancy to exist including making the requisite findings and provide Constitutional due process to the person so they could contest the issue. Easier to see if they would resign.
If the seat is vacated by resignation or declaration, the Board (power to appoint) could fill the vacancy (assuming it has the power to do so. Only limit would be the eligibility criteria. Nothing says you can’t reappoint the person that just vacated the seat.
I’m not familiar with RWD statutes and criteria so I’m not sure if they have a requirement like newly elected Municipal governing body members (who must attend the OML NOI within one year). The requirement to attend the NOI in 11 OS 8-114 only applies to elected Municipal officials and the Municipal Clerk and Treasurer (whether elected or appointed). So you’d want to make sure about the statutory training requirement and that it applied to a RWD Board member.
Sent from Matt’s iPhone
On Mar 17, 2023, at 4:23 PM, Kay Robbins Wall lkrw@sbcglobal.net wrote:
Fellow Attorneys:
I have a board member who did not take his training within the one-year time period. Do I acknowledge at the next meeting that he is off the board due to the Law? Can I immediately on the next Agenda item appoint him for a new term? Or should I wait until the next meeting to appoint him for a new term? This is a Rural Water District Board set up specifically to handle the water to Carlton Landing.
If any of you have had this situation, I would appreciate advice on how your board handles it.
Thanks,
Kay Wall
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
I represent an aldermanic city. A Council member and Mayor are not getting along. The Council member wants to be designated as a Supervisor over certain departments. The Mayor opposes this. They have an ordinance which provides:
SUPERVISORY DESIGNATION OF MEMBERS:
A. The city council may give its members supervisory control over designated personnel, departments and/or activities of the city.
B. Each council member may be given an appropriate title and each member shall be, in effect, a committee of one of the city council, and be subordinate to said city council. (1991 Code § 1-15)
State law provides:
[cid:image001.gif@01D963B8.A3153A70]https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKSTOklahoma Statutes Citationized
[cid:image001.gif@01D963B8.A3153A70] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[cid:image001.gif@01D963B8.A3153A70] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[cid:image001.gif@01D963B8.A3153A70] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleIX-AldermanicFormofGovernment Article Article IX - Aldermanic Form of Government
[cid:image002.gif@01D963B8.A3153A70] Section 9-108 - Powers Vested in Council - Designated Powers
Cite as: O.S. §, __ __
Except as otherwise provided in this article, all powers of a statutory aldermanic city, including the determination of matters of policy, shall be vested in the council. Without limitation of the foregoing, the council may:
- Enact municipal legislation subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;
- Raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;
- Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs, or authorize and provide for such inquiries; and
- Create, change and abolish offices, departments and agencies other than those established by law; assign additional functions and duties to offices, departments and agencies established by this article; and define the duties, powers and privileges of all officers which are not defined by this article.
Do any of you see a problem with having council members over certain departments?
Thanks for your help!
Amanda Mullins
The Law Firm of Amanda Mullins PLLC
401 W Chickasha Ave., Suite 405 | P.O. Box 533
Chickasha, OK 73023
T (405) 224-0237
amanda@amullinslaw.com
This is a privileged and confidential electronic mail transmission and it is meant only for the individual(s) to whom it is addressed. It is not intended for transmission or receipt by any unauthorized persons. This message may constitute a privileged attorney-client communication and/or attorney work product. If you are not the intended recipient and you received this transmission in error, please delete it immediately without copying or forwarding it, and notify the sender by reply or by calling (405) 224-0237. If you have any hard copies of this transmission, please shred the same and mail the contents to Amanda Mullins at the address listed above. Thank you.
I can't say I have researched the issue, but I the Councilors would be exceeding their statutory authority to assume the actual management of ant municipal authority, but particularly personnel.
Respectfully Yours,
Lowell
22309 E. 67th Street
Broken Arrow, OK 74014
(918) 805-4090
Lpeterson@live.com
-------- Original message --------
From: Amanda Mullins Amanda@amullinslaw.com
Date: 3/31/23 10:08 AM (GMT-06:00)
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Aldermanic City
I represent an aldermanic city. A Council member and Mayor are not getting along. The Council member wants to be designated as a Supervisor over certain departments. The Mayor opposes this. They have an ordinance which provides:
SUPERVISORY DESIGNATION OF MEMBERS:
A. The city council may give its members supervisory control over designated personnel, departments and/or activities of the city.
B. Each council member may be given an appropriate title and each member shall be, in effect, a committee of one of the city council, and be subordinate to said city council. (1991 Code § 1-15)
State law provides:
[cid:image001.gif@01D963B8.A3153A70]https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oscn.net%2Fapplications%2FOCISWeb%2Findex.asp%3Flevel%3D1%26ftdb%3DSTOKST&data=05%7C01%7C%7C7f4e3c5950404b1d49a808db31f9c906%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638158721132533066%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=YrozcBoPr1WNlKr%2B1lcRkST40SarI8Jd17E27%2Fmq9zM%3D&reserved=0Oklahoma Statutes Citationized
[cid:image001.gif@01D963B8.A3153A70] https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oscn.net%2Fapplications%2FOCISWeb%2Findex.asp%3Flevel%3D1%26ftdb%3DSTOKST11&data=05%7C01%7C%7C7f4e3c5950404b1d49a808db31f9c906%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638158721132533066%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=ZrCjJZp8AgQZ9GtN2UUYch7sBEI3kNkhGPa%2FVVGcbA4%3D&reserved=0 Title 11. Cities and Towns
[cid:image001.gif@01D963B8.A3153A70] https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oscn.net%2Fapplications%2FOCISWeb%2Findex.asp%3Flevel%3D1%26ftdb%3DSTOKST11%23Chapter1-OklahomaMunicipalCode&data=05%7C01%7C%7C7f4e3c5950404b1d49a808db31f9c906%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638158721132533066%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=SAtrvYYpMggpqPkqw8xhGomRu9WBa6%2FOGr3bI8N2UP0%3D&reserved=0 Chapter 1 - Oklahoma Municipal Code
[cid:image001.gif@01D963B8.A3153A70] https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oscn.net%2Fapplications%2FOCISWeb%2Findex.asp%3Flevel%3D1%26ftdb%3DSTOKST11%23ArticleIX-AldermanicFormofGovernment&data=05%7C01%7C%7C7f4e3c5950404b1d49a808db31f9c906%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638158721132533066%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=dFbIqmrAyawk8jzmHCkABzOVfrT6xbX9FziOqWsVRPQ%3D&reserved=0 Article Article IX - Aldermanic Form of Government
[cid:image002.gif@01D963B8.A3153A70] Section 9-108 - Powers Vested in Council - Designated Powers
Cite as: O.S. §, __ __
Except as otherwise provided in this article, all powers of a statutory aldermanic city, including the determination of matters of policy, shall be vested in the council. Without limitation of the foregoing, the council may:
- Enact municipal legislation subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;
- Raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;
- Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs, or authorize and provide for such inquiries; and
- Create, change and abolish offices, departments and agencies other than those established by law; assign additional functions and duties to offices, departments and agencies established by this article; and define the duties, powers and privileges of all officers which are not defined by this article.
Do any of you see a problem with having council members over certain departments?
Thanks for your help!
Amanda Mullins
The Law Firm of Amanda Mullins PLLC
401 W Chickasha Ave., Suite 405 | P.O. Box 533
Chickasha, OK 73023
T (405) 224-0237
amanda@amullinslaw.com
This is a privileged and confidential electronic mail transmission and it is meant only for the individual(s) to whom it is addressed. It is not intended for transmission or receipt by any unauthorized persons. This message may constitute a privileged attorney-client communication and/or attorney work product. If you are not the intended recipient and you received this transmission in error, please delete it immediately without copying or forwarding it, and notify the sender by reply or by calling (405) 224-0237. If you have any hard copies of this transmission, please shred the same and mail the contents to Amanda Mullins at the address listed above. Thank you.
In an Aldermanic city the Mayor has statutory duty of supervision:
Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article Article IX - Aldermanic Form of Government
Section 9-105 - Mayor - Duties as Chief Executive Officer
Cite as: O.S. §, __ _
The mayor shall be chief executive officer of the administrative branch of the government of the city. The mayor shall be recognized as the head of the city government for all ceremonial purposes and by the Governor for purposes of military law. The mayor shall:
-
appoint, subject to confirmation by the city council, a city attorney and all heads or directors of administrative departments including members of boards and commissions and shall appoint all other administrative officers and employees of the city; and
-
sign the commissions and appointments of all officers, elected or appointed; and
-
remove or suspend city officers or employees against whom charges of incompetency, neglect, or violation of duty are made, until such time as the council shall take action on the charges; and
-
supervise and control all administrative departments, agencies, officers, and employees, act promptly on a charge of neglect or violation of duty of any officer or employee, and require any officer to account for and report to the council in writing on any subject pertaining to the duties, powers, or functions of the officer when the mayor deems necessary; and
Ray
From: Amanda Mullins
Sent: Friday, March 31, 2023 10:07 AM
To: OAMA Luistserv
Subject: [Oama] Aldermanic City
I represent an aldermanic city. A Council member and Mayor are not getting along. The Council member wants to be designated as a Supervisor over certain departments. The Mayor opposes this. They have an ordinance which provides:
SUPERVISORY DESIGNATION OF MEMBERS:
A. The city council may give its members supervisory control over designated personnel, departments and/or activities of the city.
B. Each council member may be given an appropriate title and each member shall be, in effect, a committee of one of the city council, and be subordinate to said city council. (1991 Code § 1-15)
State law provides:
Oklahoma Statutes Citationized
Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article Article IX - Aldermanic Form of Government
Section 9-108 - Powers Vested in Council - Designated Powers
Cite as: O.S. §, __ __
Except as otherwise provided in this article, all powers of a statutory aldermanic city, including the determination of matters of policy, shall be vested in the council. Without limitation of the foregoing, the council may:
-
Enact municipal legislation subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;
-
Raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;
-
Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs, or authorize and provide for such inquiries; and
-
Create, change and abolish offices, departments and agencies other than those established by law; assign additional functions and duties to offices, departments and agencies established by this article; and define the duties, powers and privileges of all officers which are not defined by this article.
Do any of you see a problem with having council members over certain departments?
Thanks for your help!
Amanda Mullins
The Law Firm of Amanda Mullins PLLC
401 W Chickasha Ave., Suite 405 | P.O. Box 533
Chickasha, OK 73023
T (405) 224-0237
This is a privileged and confidential electronic mail transmission and it is meant only for the individual(s) to whom it is addressed. It is not intended for transmission or receipt by any unauthorized persons. This message may constitute a privileged attorney-client communication and/or attorney work product. If you are not the intended recipient and you received this transmission in error, please delete it immediately without copying or forwarding it, and notify the sender by reply or by calling (405) 224-0237. If you have any hard copies of this transmission, please shred the same and mail the contents to Amanda Mullins at the address listed above. Thank you.
--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
Amanda,
In my opinion, the Council has no authority to grant one of its own members
supervisory authority over a City Department. The only possible exception
would be if the Mayor were to attempt to appoint a Councilmember to such a
(separate) position, which would then likely require Council approval for
the dual office holding per 8-106 (and they couldn't get paid).
9-108(4) does not authorize the Council to do this. First, "define the
duties, powers and privileges of all officers which are not defined by this
article" does not empower the Council to define additional duties, powers
or privileges for itself. Reading the entire provision from 9-108(4)
illustrates this: "Create, change and abolish offices, departments and
agencies other than those established by law; assign additional functions
and duties to offices, departments and agencies established by this
article; and define the duties, powers and privileges of all officers which
are not defined by this article." The first part authorizes them to create,
change or abolish offices, departments and agencies except those that are
defined by law. The third part (the one you highlighted) then allows them
to define the duties, powers and privileges of the offices that they might
create or change - the "which are not defined by this article" modifies
"offices" not "duties, powers and privileges". The second (middle) portion
then deals with offices, departments and agencies that are established by
Article IX of Title 11, and empowers the Council to assign (but not take
away) additional functions and duties, but not powers and privileges. Which
makes sense - the powers and privileges of the statutory offices are
defined by statute and can't be expanded or enlarged. You can assign
additional duties and functions, but now sovereign power.
Second, 9-108 grants policymaking authority. That policy is then executed
by the Mayor per 9-105. The Council can certainly create a supervisor
position and assign it duties, powers and privileges per 9-108(4). But the
Mayor would be the one to fill and supervise that position per 9-105. For
the Council to do so would usurp the Mayor's executive authority in two
ways. First, the appointment. Second, the Mayor would then not be able to
supervise since the Council would have taken that from him in violation of
State statute.
I also think it's an issue that they would be assigning the authority to
one particular Councilmember. Take a look at 2012 OK AG 20. It's got a
great discussion about authority of individual governing body members
outside of a meeting - essentially concluding that they are co-equals and
must be treated as such, and that the Council's power is vested in the
Council as a body, not in individual Councilmembers. Granting one
Councilmember such power (as a Councilmember) would not be treating them as
co-equals. More to the point, they power they want to vest in the one can't
be vested since it's not a power of the Council to vest (i.e. it's vested
in the Mayor).
If they created such a position, then in theory the Mayor could seek to
appoint one of them to the position. 8-106 would kick in and the Council
would have to approve the dual office holding by ordinance. And the
Councilmember couldn't be paid for holding the supervisor position. But in
that scenario, they wouldn't be exercising any additional power or
authority as a Councilmember - their additional power or authority would
come from the supervisor position which was created by the Council but
filled and supervised by the Mayor.
That's my opinion,
Matt
On Fri, Mar 31, 2023 at 10:08 AM Amanda Mullins Amanda@amullinslaw.com
wrote:
I represent an aldermanic city. A Council member and Mayor are not getting
along. The Council member wants to be designated as a Supervisor over
certain departments. The Mayor opposes this. They have an ordinance which
provides:
SUPERVISORY DESIGNATION OF MEMBERS:
A. The city council may give its members supervisory control over
designated personnel, departments and/or activities of the city.
B. Each council member may be given an appropriate title and each
member shall be, in effect, a committee of one of the city council, and be
subordinate to said city council. (1991 Code § 1-15)
State law provides:
https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST
*Oklahoma Statutes Citationized *
https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11
*Title 11. Cities and Towns *
https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode
*Chapter 1 - Oklahoma Municipal Code *
https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleIX-AldermanicFormofGovernment
*Article Article IX - Aldermanic Form of Government Section 9-108
- Powers Vested in Council - Designated Powers *Cite as: O.S. §, __ __
Except as otherwise provided in this article, all powers of a statutory
aldermanic city, including the determination of matters of policy, shall be
vested in the council. Without limitation of the foregoing, the council may:
-
Enact municipal legislation subject to such limitations as may now or
hereafter be imposed by the Oklahoma Constitution and law; -
Raise revenue, make appropriations, regulate salaries and wages, and
all other fiscal affairs of the city, subject to such limitations as may
now or hereafter be imposed by the Oklahoma Constitution and law; -
Inquire into the conduct of any office, department or agency of the
city, and investigate municipal affairs, or authorize and provide for such
inquiries; and -
Create, change and abolish offices, departments and agencies other than
those established by law; assign additional functions and duties to
offices, departments and agencies established by this article; and define
the duties, powers and privileges of all officers which are not defined by
this article.
Do any of you see a problem with having council members over certain
departments?
Thanks for your help!
*Amanda Mullins *
The Law Firm of Amanda Mullins PLLC
401 W Chickasha Ave., Suite 405 | P.O. Box 533
Chickasha, OK 73023
T (405) 224-0237
amanda@amullinslaw.com amanda@amullinslaw.com
This is a privileged and confidential electronic mail transmission and it
is meant only for the individual(s) to whom it is addressed. It is not
intended for transmission or receipt by any unauthorized persons. This
message may constitute a privileged attorney-client communication and/or
attorney work product. If you are not the intended recipient and you
received this transmission in error, please delete it immediately without
copying or forwarding it, and notify the sender by reply or by calling
(405) 224-0237. If you have any hard copies of this transmission, please
shred the same and mail the contents to Amanda Mullins at the address
listed above. Thank you.
--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
I beleive having the council supervise a department violates 11 OS 9-105. Such section makes the mayor the chief executive officer of the city in general and in opposition to the council's legislative powers. In particular, paragraphs 1, 3, and 4 are prohibitive of having what is in effect a "commissioner" form of government.
Paragraph 1 provides the mayor appoints the various department heads subject to council confirmation.
Paragraph 3 provides the mayor may remove city officials.
Paragraph 4 provides the mayor shall "supervise and control" all administrative departments.
Taken together, the executive functions of the city (including personnel supervision) are lodged exclusively in the mayor and the council may not interfere with that duty through municipal legislation. The council's role is limited to designating an official's duties, confirming the official's appointment, and investigating an official's conduct. But active supervision on a day to day basis is exclusively for the mayor.
While the legislature has seen fit to provide non charter cities with three options for form of government (aldermanic, council-manager, and strong mayor), the commissioner form of government is not one of them.
John Tyler Hammons
Hammons Hamby & Price, PLLC
(918) 683-0309
Sent from my iPhone
From: Amanda Mullins Amanda@amullinslaw.com
Sent: Friday, March 31, 2023 10:08 AM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Aldermanic City
I represent an aldermanic city. A Council member and Mayor are not getting along. The Council member wants to be designated as a Supervisor over certain departments. The Mayor opposes this. They have an ordinance which provides:
SUPERVISORY DESIGNATION OF MEMBERS:
A. The city council may give its members supervisory control over designated personnel, departments and/or activities of the city.
B. Each council member may be given an appropriate title and each member shall be, in effect, a committee of one of the city council, and be subordinate to said city council. (1991 Code § 1-15)
State law provides:
[cid:image001.gif@01D963B8.A3153A70]https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKSTOklahoma Statutes Citationized
[cid:image001.gif@01D963B8.A3153A70] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[cid:image001.gif@01D963B8.A3153A70] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[cid:image001.gif@01D963B8.A3153A70] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleIX-AldermanicFormofGovernment Article Article IX - Aldermanic Form of Government
[cid:image002.gif@01D963B8.A3153A70] Section 9-108 - Powers Vested in Council - Designated Powers
Cite as: O.S. §, __ __
Except as otherwise provided in this article, all powers of a statutory aldermanic city, including the determination of matters of policy, shall be vested in the council. Without limitation of the foregoing, the council may:
- Enact municipal legislation subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;
- Raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;
- Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs, or authorize and provide for such inquiries; and
- Create, change and abolish offices, departments and agencies other than those established by law; assign additional functions and duties to offices, departments and agencies established by this article; and define the duties, powers and privileges of all officers which are not defined by this article.
Do any of you see a problem with having council members over certain departments?
Thanks for your help!
Amanda Mullins
The Law Firm of Amanda Mullins PLLC
401 W Chickasha Ave., Suite 405 | P.O. Box 533
Chickasha, OK 73023
T (405) 224-0237
amanda@amullinslaw.com
This is a privileged and confidential electronic mail transmission and it is meant only for the individual(s) to whom it is addressed. It is not intended for transmission or receipt by any unauthorized persons. This message may constitute a privileged attorney-client communication and/or attorney work product. If you are not the intended recipient and you received this transmission in error, please delete it immediately without copying or forwarding it, and notify the sender by reply or by calling (405) 224-0237. If you have any hard copies of this transmission, please shred the same and mail the contents to Amanda Mullins at the address listed above. Thank you.
Thank you all for the responses, I appreciate it!
Amanda Mullins
The Law Firm of Amanda Mullins PLLC
401 W Chickasha Ave., Suite 405 | P.O. Box 533
Chickasha, OK 73023
T (405) 224-0237
amanda@amullinslaw.com
This is a privileged and confidential electronic mail transmission and it is meant only for the individual(s) to whom it is addressed. It is not intended for transmission or receipt by any unauthorized persons. This message may constitute a privileged attorney-client communication and/or attorney work product. If you are not the intended recipient and you received this transmission in error, please delete it immediately without copying or forwarding it, and notify the sender by reply or by calling (405) 224-0237. If you have any hard copies of this transmission, please shred the same and mail the contents to Amanda Mullins at the address listed above. Thank you.
From: John Hammons JTH@hammonsprice.com
Sent: Friday, March 31, 2023 2:25 PM
To: Amanda Mullins Amanda@amullinslaw.com; OAMA Luistserv oama@lists.imla.org
Subject: Re: Aldermanic City
I beleive having the council supervise a department violates 11 OS 9-105. Such section makes the mayor the chief executive officer of the city in general and in opposition to the council's legislative powers. In particular, paragraphs 1, 3, and 4 are prohibitive of having what is in effect a "commissioner" form of government.
Paragraph 1 provides the mayor appoints the various department heads subject to council confirmation.
Paragraph 3 provides the mayor may remove city officials.
Paragraph 4 provides the mayor shall "supervise and control" all administrative departments.
Taken together, the executive functions of the city (including personnel supervision) are lodged exclusively in the mayor and the council may not interfere with that duty through municipal legislation. The council's role is limited to designating an official's duties, confirming the official's appointment, and investigating an official's conduct. But active supervision on a day to day basis is exclusively for the mayor.
While the legislature has seen fit to provide non charter cities with three options for form of government (aldermanic, council-manager, and strong mayor), the commissioner form of government is not one of them.
John Tyler Hammons
Hammons Hamby & Price, PLLC
(918) 683-0309
Sent from my iPhone
From: Amanda Mullins <Amanda@amullinslaw.commailto:Amanda@amullinslaw.com>
Sent: Friday, March 31, 2023 10:08 AM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Aldermanic City
I represent an aldermanic city. A Council member and Mayor are not getting along. The Council member wants to be designated as a Supervisor over certain departments. The Mayor opposes this. They have an ordinance which provides:
SUPERVISORY DESIGNATION OF MEMBERS:
A. The city council may give its members supervisory control over designated personnel, departments and/or activities of the city.
B. Each council member may be given an appropriate title and each member shall be, in effect, a committee of one of the city council, and be subordinate to said city council. (1991 Code § 1-15)
State law provides:
[cid:image001.gif@01D963FC.C3F03CB0]https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKSTOklahoma Statutes Citationized
[cid:image001.gif@01D963FC.C3F03CB0] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[cid:image001.gif@01D963FC.C3F03CB0] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[cid:image001.gif@01D963FC.C3F03CB0] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleIX-AldermanicFormofGovernment Article Article IX - Aldermanic Form of Government
[cid:image002.gif@01D963FC.C3F03CB0] Section 9-108 - Powers Vested in Council - Designated Powers
Cite as: O.S. §, __ __
Except as otherwise provided in this article, all powers of a statutory aldermanic city, including the determination of matters of policy, shall be vested in the council. Without limitation of the foregoing, the council may:
- Enact municipal legislation subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;
- Raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;
- Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs, or authorize and provide for such inquiries; and
- Create, change and abolish offices, departments and agencies other than those established by law; assign additional functions and duties to offices, departments and agencies established by this article; and define the duties, powers and privileges of all officers which are not defined by this article.
Do any of you see a problem with having council members over certain departments?
Thanks for your help!
Amanda Mullins
The Law Firm of Amanda Mullins PLLC
401 W Chickasha Ave., Suite 405 | P.O. Box 533
Chickasha, OK 73023
T (405) 224-0237
amanda@amullinslaw.commailto:amanda@amullinslaw.com
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