oama@lists.imla.org

Oklahoma Association of Municipal Attorneys

View all threads

Question About Resolutions

BA
Beth Anne Childs
Mon, Jul 26, 2021 8:43 PM

I am passing along the following question from a Member:

We passed a resolution establishing a fee for open records copies.  We have an ordinance as follows:

Section 2-94 Fee Schedule
The City Fee Schedule as adopted and amended from time to time by the city council is incorporated in this section as though fully set forth herein.

This issue is does Section 2-94  make it such that the Resolution ( not ordinance) not go into effect for 30 days because the resolution did not have an emergency clause.  I know that resolutions never have an emergency clause.
Any thoughts?

Beth Anne Childs

The Childs Law Firm, PLLC

1015 South Detroit Avenue

Tulsa, Oklahoma. 74120

(918) 521-3092

I am passing along the following question from a Member: We passed a resolution establishing a fee for open records copies. We have an ordinance as follows: Section 2-94 Fee Schedule The City Fee Schedule as adopted and amended from time to time by the city council is incorporated in this section as though fully set forth herein. This issue is does Section 2-94 make it such that the Resolution ( not ordinance) not go into effect for 30 days because the resolution did not have an emergency clause. I know that resolutions never have an emergency clause. Any thoughts? Beth Anne Childs The Childs Law Firm, PLLC 1015 South Detroit Avenue Tulsa, Oklahoma. 74120 (918) 521-3092
DD
david davis
Mon, Jul 26, 2021 8:59 PM

In my opinion the resolution would become effective upon passage.

CONFIDENTIALITY NOTE:  This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com


From: Beth Anne Childs bethanne@thechildsfirm.com
Sent: Monday, July 26, 2021 3:43 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Question About Resolutions

I am passing along the following question from a Member:

We passed a resolution establishing a fee for open records copies.  We have an ordinance as follows:

Section 2-94 Fee Schedule
The City Fee Schedule as adopted and amended from time to time by the city council is incorporated in this section as though fully set forth herein.

This issue is does Section 2-94  make it such that the Resolution ( not ordinance) not go into effect for 30 days because the resolution did not have an emergency clause.  I know that resolutions never have an emergency clause.
Any thoughts?

Beth Anne Childs

The Childs Law Firm, PLLC

1015 South Detroit Avenue

Tulsa, Oklahoma. 74120

(918) 521-3092

In my opinion the resolution would become effective upon passage. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com> ________________________________ From: Beth Anne Childs <bethanne@thechildsfirm.com> Sent: Monday, July 26, 2021 3:43 PM To: oama@lists.imla.org <oama@lists.imla.org> Subject: [Oama] Question About Resolutions I am passing along the following question from a Member: We passed a resolution establishing a fee for open records copies. We have an ordinance as follows: Section 2-94 Fee Schedule The City Fee Schedule as adopted and amended from time to time by the city council is incorporated in this section as though fully set forth herein. This issue is does Section 2-94 make it such that the Resolution ( not ordinance) not go into effect for 30 days because the resolution did not have an emergency clause. I know that resolutions never have an emergency clause. Any thoughts? Beth Anne Childs The Childs Law Firm, PLLC 1015 South Detroit Avenue Tulsa, Oklahoma. 74120 (918) 521-3092