I have researched this issue and have formed an opinion; however, I would like to obtain other opinions. 11 O.S. Section 8-109 (A) provides that when there is a vacancy of the office of an elected municipal officer, except the mayor, the governing body shall appoint by a majority vote of the remaining members. In the aldermanic form of government, is it a prerequisite that the mayor nominate the person(s) to be considered by the council's remaining members, or may the council consider any candidates without the nomination by the mayor? Is the mayor an appointing or nominating authority for filling the vacancies? The city has not adopted any rules or regulations in this regard. I represent the City of Marietta. I look forward to any thoughts. Thanks. Richard Cochran NOTICE:  THE CONTENTS OF THIS EMAIL MAY BE CONFIDENTIAL UNDER RULES OF SUPREME COURT OF THE STATE OF OKLAHOMA OR UNDER APPLICABLE STATE OR FEDERAL LAWS.  THIS EMAIL MAY ALSO BE COMMUNICATIONS BETWEEN ATTORNEY AND CLIENT, AND THEREFORE PRIVILEGED AND CONFIDENTIAL INFORMATION.  THIS EMAIL IS INTENDED FOR THE ADDRESSEE ONLY.  IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY ME BY TELEPHONE, AND PERMANENTLY DELETE THE MESSAGE. FURTHER, IF YOU ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. THANK YOU. RICHARD A. COCHRAN, JR.,  P.C. ATTORNEY AT LAW 309 WEST MAIN P. O. BOX 262 MARIETTA, OKLAHOMA 73448-0262 ---------- Telephone: (580) 276-5111 Fax: (580) 276-5121

Richard, I can't say that I've ever thought about this specific issue, but my gut reaction is that the law wouldn't define *any* role for the Mayor to play in this process except if, during the vote on an appointment, there was a tie (resulting in the rare instance where an Aldermanic Mayor can vote, 11 O.S. 9-104). I've never actually thought about whether the Aldermanic Mayor can even make a Motion - seems logical that only those regular voting members could make motions, but maybe there's a parli pro rule that says a member who only votes in the case of a tie and doesn't count towards the quorum could still make a Motion. The statute is silent on how an appointee is to be selected for consideration. *C/f* 11 O.S. 45-102 (Mayor nominates planning commission members subject to confirmation by the Council). So the power is vested in the the City Council, so the City Council decides if to fill the vacancy and with whom. There's no reason there'd have to be a Mayoral nomination as a condition precedent, but every reason to think that the law would not require that the Mayor have any involvement with the exception as serving as tie breaker. Just my 2 cents. Matt On Wed, Jun 5, 2024 at 1:10 PM Richard Cochran via Oama <oama@lists.imla.org> wrote: > I have researched this issue and have formed an opinion; however, I > would like to obtain other opinions. 11 O.S. Section 8-109 (A) provides > that when there is a vacancy of the office of an elected municipal > officer, except the mayor, the governing body shall appoint by a > majority vote of the remaining members. > > In the aldermanic form of government, is it a prerequisite that the > mayor nominate the person(s) to be considered by the council's remaining > members, or may the council consider any candidates without the > nomination by the mayor? Is the mayor an appointing or nominating > authority for filling the vacancies? The city has not adopted any rules > or regulations in this regard. > > I represent the City of Marietta. I look forward to any thoughts. Thanks. > > Richard Cochran > > NOTICE: THE CONTENTS OF THIS EMAIL MAY BE CONFIDENTIAL UNDER RULES OF > SUPREME COURT OF THE STATE OF OKLAHOMA OR UNDER APPLICABLE STATE OR > FEDERAL LAWS. THIS EMAIL MAY ALSO BE COMMUNICATIONS BETWEEN ATTORNEY > AND CLIENT, AND THEREFORE PRIVILEGED AND CONFIDENTIAL INFORMATION. THIS > EMAIL IS INTENDED FOR THE ADDRESSEE ONLY. IF YOU HAVE RECEIVED THIS > COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY ME BY TELEPHONE, AND > PERMANENTLY DELETE THE MESSAGE. FURTHER, IF YOU ARE NOT THE INTENDED > RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION > OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. THANK YOU. > > RICHARD A. COCHRAN, JR., P.C. > ATTORNEY AT LAW > 309 WEST MAIN > P. O. BOX 262 > MARIETTA, OKLAHOMA 73448-0262 > ---------- > Telephone: (580) 276-5111 > Fax: (580) 276-5121 > > > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >