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Ex Felons Holding Office

LV
Larry Vickers
Mon, May 29, 2023 5:32 PM

Group,

Is an ex felon allowed to hold public office? As I recall for an expunged record one must wait 10 years but does an actual felon have such an opportunity?

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

Group, Is an ex felon allowed to hold public office? As I recall for an expunged record one must wait 10 years but does an actual felon have such an opportunity? Larry Vickers, Jr. Attorney At Law, P.L.L.C. www.lvickerslaw.com 303 South Thornton P.O. Box 1302 Vian, Oklahoma 74962 Vian Phone: 918-773-4004 Muskogee Phone: 918-682-5900
ML
Matt Love
Tue, May 30, 2023 1:50 PM

Larry,

I'm not sure that it matters whether the person has obtained an
expungement. As to elected offices, 8-101 merely requires that the person
be a resident and registered voter of the Municipality. 26 O.S. 4-101(1)
provides that a convicted felon is eligible to register to vote once they
have fully served their sentence. So if a convicted felon has fully served
their sentence and, thereafter, became a resident and registered voter in a
Municipality then it would appear that they would be eligible to hold an
elective public office within the Municipality.

As for appointed public offices, I am not aware of any statute that would
prohibit a felon from holding an appointive office in general. Obviously
there are certain offices where there are Federal and/or State statutory
provisions that would effectively prevent a convicted felon from being
appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or
(e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires
that a Municipal Treasurer and any other officers or employees that can
sign warrants and checks to obtain a performance bond. While one might
think that a convicted felon would be unable to become bonded, my general
understanding is that this is not the case because many cities obtain
blanket bonds and/or bonds that are for the position rather than the
person, and that the bonds often do not contain provisions that would
exclude a given person from coverage under the bond just because they had a
felony conviction. This is just a general understanding as I've not
actually reviewed the bond documents (but I have had occasion to ask the
question because, you guessed it, we've had cities reach out asking this
question - usually because they've already hired someone with a former
felony conviction into a position that has to be covered by a bond).

Hope that helps.

Matt

On Mon, May 29, 2023 at 12:32 PM Larry Vickers larry@lvickerslaw.com
wrote:

Group,

Is an ex felon allowed to hold public office? As I recall for an expunged
record one must wait 10 years but does an actual felon have such an
opportunity?

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

Larry, I'm not sure that it matters whether the person has obtained an expungement. As to elected offices, 8-101 merely requires that the person be a resident and registered voter of the Municipality. 26 O.S. 4-101(1) provides that a convicted felon is eligible to register to vote once they have fully served their sentence. So if a convicted felon has fully served their sentence and, thereafter, became a resident and registered voter in a Municipality then it would appear that they would be eligible to hold an elective public office within the Municipality. As for appointed public offices, I am not aware of any statute that would prohibit a felon from holding an appointive office in general. Obviously there are certain offices where there are Federal and/or State statutory provisions that would effectively prevent a convicted felon from being appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or (e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires that a Municipal Treasurer and any other officers or employees that can sign warrants and checks to obtain a performance bond. While one might think that a convicted felon would be unable to become bonded, my general understanding is that this is not the case because many cities obtain blanket bonds and/or bonds that are for the position rather than the person, and that the bonds often do not contain provisions that would exclude a given person from coverage under the bond just because they had a felony conviction. This is just a general understanding as I've not actually reviewed the bond documents (but I have had occasion to ask the question because, you guessed it, we've had cities reach out asking this question - usually because they've already hired someone with a former felony conviction into a position that has to be covered by a bond). Hope that helps. Matt On Mon, May 29, 2023 at 12:32 PM Larry Vickers <larry@lvickerslaw.com> wrote: > Group, > > Is an ex felon allowed to hold public office? As I recall for an expunged > record one must wait 10 years but does an actual felon have such an > opportunity? > > *Larry Vickers, Jr. Attorney At Law, P.L.L.C.* > > www.lvickerslaw.com > 303 South Thornton > P.O. Box 1302 > Vian, Oklahoma 74962 > Vian Phone: 918-773-4004 > Muskogee Phone: 918-682-5900 > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >
KS
Kimberlee Spady
Tue, May 30, 2023 2:13 PM

But wouldn’t 26 OS 5-105a make the person ineligible, regardless of the expungement?

Eligibility for Candidate when Convicted of Misdemeanor Involving Embezzlement or Felony

oscn.net

apple-touch-icon.png

Sent from my iPhone

On May 30, 2023, at 8:56 AM, Matt Love <matt.love@gmail.com> wrote:

Larry,

I'm not sure that it matters whether the person has obtained an expungement. As to elected offices, 8-101 merely requires that the person be a resident and registered voter of the Municipality. 26 O.S. 4-101(1) provides that a convicted felon is eligible to register to vote once they have fully served their sentence. So if a convicted felon has fully served their sentence and, thereafter, became a resident and registered voter in a Municipality then it would appear that they would be eligible to hold an elective public office within the Municipality.

As for appointed public offices, I am not aware of any statute that would prohibit a felon from holding an appointive office in general. Obviously there are certain offices where there are Federal and/or State statutory provisions that would effectively prevent a convicted felon from being appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or (e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires that a Municipal Treasurer and any other officers or employees that can sign warrants and checks to obtain a performance bond. While one might think that a convicted felon would be unable to become bonded, my general understanding is that this is not the case because many cities obtain blanket bonds and/or bonds that are for the position rather than the person, and that the bonds often do not contain provisions that would exclude a given person from coverage under the bond just because they had a felony conviction. This is just a general understanding as I've not actually reviewed the bond documents (but I have had occasion to ask the question because, you guessed it, we've had cities reach out asking this question - usually because they've already hired someone with a former felony conviction into a position that has to be covered by a bond).

Hope that helps.

Matt

On Mon, May 29, 2023 at 12:32 PM Larry Vickers <larry@lvickerslaw.com> wrote:

Group,

Is an ex felon allowed to hold public office? As I recall for an expunged record one must wait 10 years but does an actual felon have such an opportunity?

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com

303 South Thornton

P.O. Box 1302

Vian, Oklahoma 74962

Vian Phone: 918-773-4004

Muskogee Phone: 918-682-5900

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ML
Matt Love
Tue, May 30, 2023 2:41 PM

Great catch! By its express terms, it would prohibit a person from holding
an elected position at a Municipality for 15 years after completion of
their sentence. So they'd be eligible to vote after they completed their
sentence, but not eligible to be elected Municipal official for another 15
years.

And because OSCN links to cases or AG opinions that have cited a given
statute, this statute was referenced in 1986 OK AG 79 which appears to
contain a good discussion regarding eligibility to hold appointive office
at a political subdivision following a felony conviction (essentially
saying that, with the exception of certain crimes, there's not a general
statutory disqualification from holding appointive public offices).

On Tue, May 30, 2023 at 9:13 AM Kimberlee Spady Kim@spadylaw.com wrote:

But wouldn’t 26 OS 5-105a make the person ineligible, regardless of the
expungement?

Eligibility for Candidate when Convicted of Misdemeanor Involving
Embezzlement or Felony
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488
oscn.net
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488
[image: apple-touch-icon.png]
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488

Sent from my iPhone

On May 30, 2023, at 8:56 AM, Matt Love matt.love@gmail.com wrote:


Larry,

I'm not sure that it matters whether the person has obtained an
expungement. As to elected offices, 8-101 merely requires that the person
be a resident and registered voter of the Municipality. 26 O.S. 4-101(1)
provides that a convicted felon is eligible to register to vote once they
have fully served their sentence. So if a convicted felon has fully served
their sentence and, thereafter, became a resident and registered voter in a
Municipality then it would appear that they would be eligible to hold an
elective public office within the Municipality.

As for appointed public offices, I am not aware of any statute that would
prohibit a felon from holding an appointive office in general. Obviously
there are certain offices where there are Federal and/or State statutory
provisions that would effectively prevent a convicted felon from being
appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or
(e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires
that a Municipal Treasurer and any other officers or employees that can
sign warrants and checks to obtain a performance bond. While one might
think that a convicted felon would be unable to become bonded, my general
understanding is that this is not the case because many cities obtain
blanket bonds and/or bonds that are for the position rather than the
person, and that the bonds often do not contain provisions that would
exclude a given person from coverage under the bond just because they had a
felony conviction. This is just a general understanding as I've not
actually reviewed the bond documents (but I have had occasion to ask the
question because, you guessed it, we've had cities reach out asking this
question - usually because they've already hired someone with a former
felony conviction into a position that has to be covered by a bond).

Hope that helps.

Matt

On Mon, May 29, 2023 at 12:32 PM Larry Vickers larry@lvickerslaw.com
wrote:

Group,

Is an ex felon allowed to hold public office? As I recall for an expunged
record one must wait 10 years but does an actual felon have such an
opportunity?

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

--
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Great catch! By its express terms, it would prohibit a person from holding an elected position at a Municipality for 15 years after completion of their sentence. So they'd be eligible to vote after they completed their sentence, but not eligible to be elected Municipal official for another 15 years. And because OSCN links to cases or AG opinions that have cited a given statute, this statute was referenced in 1986 OK AG 79 which appears to contain a good discussion regarding eligibility to hold appointive office at a political subdivision following a felony conviction (essentially saying that, with the exception of certain crimes, there's not a general statutory disqualification from holding appointive public offices). On Tue, May 30, 2023 at 9:13 AM Kimberlee Spady <Kim@spadylaw.com> wrote: > But wouldn’t 26 OS 5-105a make the person ineligible, regardless of the > expungement? > > Eligibility for Candidate when Convicted of Misdemeanor Involving > Embezzlement or Felony > <https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488> > oscn.net > <https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488> > [image: apple-touch-icon.png] > <https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488> > <https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488> > > > Sent from my iPhone > > On May 30, 2023, at 8:56 AM, Matt Love <matt.love@gmail.com> wrote: > >  > Larry, > > I'm not sure that it matters whether the person has obtained an > expungement. As to elected offices, 8-101 merely requires that the person > be a resident and registered voter of the Municipality. 26 O.S. 4-101(1) > provides that a convicted felon is eligible to register to vote once they > have fully served their sentence. So if a convicted felon has fully served > their sentence and, thereafter, became a resident and registered voter in a > Municipality then it would appear that they would be eligible to hold an > elective public office within the Municipality. > > As for appointed public offices, I am not aware of any statute that would > prohibit a felon from holding an appointive office in general. Obviously > there are certain offices where there are Federal and/or State statutory > provisions that would effectively prevent a convicted felon from being > appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or > (e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires > that a Municipal Treasurer and any other officers or employees that can > sign warrants and checks to obtain a performance bond. While one might > think that a convicted felon would be unable to become bonded, my general > understanding is that this is not the case because many cities obtain > blanket bonds and/or bonds that are for the position rather than the > person, and that the bonds often do not contain provisions that would > exclude a given person from coverage under the bond just because they had a > felony conviction. This is just a general understanding as I've not > actually reviewed the bond documents (but I have had occasion to ask the > question because, you guessed it, we've had cities reach out asking this > question - usually because they've already hired someone with a former > felony conviction into a position that has to be covered by a bond). > > Hope that helps. > > Matt > > On Mon, May 29, 2023 at 12:32 PM Larry Vickers <larry@lvickerslaw.com> > wrote: > >> Group, >> >> Is an ex felon allowed to hold public office? As I recall for an expunged >> record one must wait 10 years but does an actual felon have such an >> opportunity? >> >> *Larry Vickers, Jr. Attorney At Law, P.L.L.C.* >> >> www.lvickerslaw.com >> 303 South Thornton >> P.O. Box 1302 >> Vian, Oklahoma 74962 >> Vian Phone: 918-773-4004 >> Muskogee Phone: 918-682-5900 >> -- >> Oama mailing list -- oama@lists.imla.org >> To unsubscribe send an email to oama-leave@lists.imla.org >> > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org > >
LV
Larry Vickers
Tue, May 30, 2023 7:02 PM

Thanks for all the responses. VERY helpful.

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
On May 30, 2023 at 9:41 AM -0500, Matt Love matt.love@gmail.com, wrote:

Great catch! By its express terms, it would prohibit a person from holding an elected position at a Municipality for 15 years after completion of their sentence. So they'd be eligible to vote after they completed their sentence, but not eligible to be elected Municipal official for another 15 years.

And because OSCN links to cases or AG opinions that have cited a given statute, this statute was referenced in 1986 OK AG 79 which appears to contain a good discussion regarding eligibility to hold appointive office at a political subdivision following a felony conviction (essentially saying that, with the exception of certain crimes, there's not a general statutory disqualification from holding appointive public offices).

On Tue, May 30, 2023 at 9:13 AM Kimberlee Spady Kim@spadylaw.com wrote:

But wouldn’t 26 OS 5-105a make the person ineligible, regardless of the expungement?

Eligibility for Candidate when Convicted of Misdemeanor Involving Embezzlement or Felony
oscn.net
<apple-touch-icon.png>

Sent from my iPhone

On May 30, 2023, at 8:56 AM, Matt Love matt.love@gmail.com wrote:

Larry,

I'm not sure that it matters whether the person has obtained an expungement. As to elected offices, 8-101 merely requires that the person be a resident and registered voter of the Municipality. 26 O.S. 4-101(1) provides that a convicted felon is eligible to register to vote once they have fully served their sentence. So if a convicted felon has fully served their sentence and, thereafter, became a resident and registered voter in a Municipality then it would appear that they would be eligible to hold an elective public office within the Municipality.

As for appointed public offices, I am not aware of any statute that would prohibit a felon from holding an appointive office in general. Obviously there are certain offices where there are Federal and/or State statutory provisions that would effectively prevent a convicted felon from being appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or (e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires that a Municipal Treasurer and any other officers or employees that can sign warrants and checks to obtain a performance bond. While one might think that a convicted felon would be unable to become bonded, my general understanding is that this is not the case because many cities obtain blanket bonds and/or bonds that are for the position rather than the person, and that the bonds often do not contain provisions that would exclude a given person from coverage under the bond just because they had a felony conviction. This is just a general understanding as I've not actually reviewed the bond documents (but I have had occasion to ask the question because, you guessed it, we've had cities reach out asking this question - usually because they've already hired someone with a former felony conviction into a position that has to be covered by a bond).

Hope that helps.

Matt

On Mon, May 29, 2023 at 12:32 PM Larry Vickers larry@lvickerslaw.com wrote:

Group,

Is an ex felon allowed to hold public office? As I recall for an expunged record one must wait 10 years but does an actual felon have such an opportunity?

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

--
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Thanks for all the responses. VERY helpful. Larry Vickers, Jr. Attorney At Law, P.L.L.C. www.lvickerslaw.com 303 South Thornton P.O. Box 1302 Vian, Oklahoma 74962 Vian Phone: 918-773-4004 Muskogee Phone: 918-682-5900 On May 30, 2023 at 9:41 AM -0500, Matt Love <matt.love@gmail.com>, wrote: > Great catch! By its express terms, it would prohibit a person from holding an elected position at a Municipality for 15 years after completion of their sentence. So they'd be eligible to vote after they completed their sentence, but not eligible to be elected Municipal official for another 15 years. > > And because OSCN links to cases or AG opinions that have cited a given statute, this statute was referenced in 1986 OK AG 79 which appears to contain a good discussion regarding eligibility to hold appointive office at a political subdivision following a felony conviction (essentially saying that, with the exception of certain crimes, there's not a general statutory disqualification from holding appointive public offices). > > > On Tue, May 30, 2023 at 9:13 AM Kimberlee Spady <Kim@spadylaw.com> wrote: > > > But wouldn’t 26 OS 5-105a make the person ineligible, regardless of the expungement? > > > > > > Eligibility for Candidate when Convicted of Misdemeanor Involving Embezzlement or Felony > > > oscn.net > > > <apple-touch-icon.png> > > > > > > > > > Sent from my iPhone > > > > > > > On May 30, 2023, at 8:56 AM, Matt Love <matt.love@gmail.com> wrote: > > > > > > > > Larry, > > > > > > > > I'm not sure that it matters whether the person has obtained an expungement. As to elected offices, 8-101 merely requires that the person be a resident and registered voter of the Municipality. 26 O.S. 4-101(1) provides that a convicted felon is eligible to register to vote once they have fully served their sentence. So if a convicted felon has fully served their sentence and, thereafter, became a resident and registered voter in a Municipality then it would appear that they would be eligible to hold an elective public office within the Municipality. > > > > > > > > As for appointed public offices, I am not aware of any statute that would prohibit a felon from holding an appointive office in general. Obviously there are certain offices where there are Federal and/or State statutory provisions that would effectively prevent a convicted felon from being appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or (e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires that a Municipal Treasurer and any other officers or employees that can sign warrants and checks to obtain a performance bond. While one might think that a convicted felon would be unable to become bonded, my general understanding is that this is not the case because many cities obtain blanket bonds and/or bonds that are for the position rather than the person, and that the bonds often do not contain provisions that would exclude a given person from coverage under the bond just because they had a felony conviction. This is just a general understanding as I've not actually reviewed the bond documents (but I have had occasion to ask the question because, you guessed it, we've had cities reach out asking this question - usually because they've already hired someone with a former felony conviction into a position that has to be covered by a bond). > > > > > > > > Hope that helps. > > > > > > > > Matt > > > > > > > > > On Mon, May 29, 2023 at 12:32 PM Larry Vickers <larry@lvickerslaw.com> wrote: > > > > > > Group, > > > > > > > > > > > > Is an ex felon allowed to hold public office? As I recall for an expunged record one must wait 10 years but does an actual felon have such an opportunity? > > > > > > > > > > > > Larry Vickers, Jr. Attorney At Law, P.L.L.C. > > > > > > > > > > > > www.lvickerslaw.com > > > > > > 303 South Thornton > > > > > > P.O. Box 1302 > > > > > > Vian, Oklahoma 74962 > > > > > > Vian Phone: 918-773-4004 > > > > > > Muskogee Phone: 918-682-5900 > > > > > > -- > > > > > > Oama mailing list -- oama@lists.imla.org > > > > > > To unsubscribe send an email to oama-leave@lists.imla.org > > > > -- > > > > Oama mailing list -- oama@lists.imla.org > > > > To unsubscribe send an email to oama-leave@lists.imla.org
LV
Larry Vickers
Tue, May 30, 2023 7:08 PM

To muddy the waters further, if someone ran, was elected, are they disposed by operation of law??

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
On May 30, 2023 at 2:02 PM -0500, Larry Vickers larry@lvickerslaw.com, wrote:

Thanks for all the responses. VERY helpful.

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
On May 30, 2023 at 9:41 AM -0500, Matt Love matt.love@gmail.com, wrote:

Great catch! By its express terms, it would prohibit a person from holding an elected position at a Municipality for 15 years after completion of their sentence. So they'd be eligible to vote after they completed their sentence, but not eligible to be elected Municipal official for another 15 years.

And because OSCN links to cases or AG opinions that have cited a given statute, this statute was referenced in 1986 OK AG 79 which appears to contain a good discussion regarding eligibility to hold appointive office at a political subdivision following a felony conviction (essentially saying that, with the exception of certain crimes, there's not a general statutory disqualification from holding appointive public offices).

On Tue, May 30, 2023 at 9:13 AM Kimberlee Spady Kim@spadylaw.com wrote:

But wouldn’t 26 OS 5-105a make the person ineligible, regardless of the expungement?

Eligibility for Candidate when Convicted of Misdemeanor Involving Embezzlement or Felony
oscn.net
<apple-touch-icon.png>

Sent from my iPhone

On May 30, 2023, at 8:56 AM, Matt Love matt.love@gmail.com wrote:

Larry,

I'm not sure that it matters whether the person has obtained an expungement. As to elected offices, 8-101 merely requires that the person be a resident and registered voter of the Municipality. 26 O.S. 4-101(1) provides that a convicted felon is eligible to register to vote once they have fully served their sentence. So if a convicted felon has fully served their sentence and, thereafter, became a resident and registered voter in a Municipality then it would appear that they would be eligible to hold an elective public office within the Municipality.

As for appointed public offices, I am not aware of any statute that would prohibit a felon from holding an appointive office in general. Obviously there are certain offices where there are Federal and/or State statutory provisions that would effectively prevent a convicted felon from being appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or (e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires that a Municipal Treasurer and any other officers or employees that can sign warrants and checks to obtain a performance bond. While one might think that a convicted felon would be unable to become bonded, my general understanding is that this is not the case because many cities obtain blanket bonds and/or bonds that are for the position rather than the person, and that the bonds often do not contain provisions that would exclude a given person from coverage under the bond just because they had a felony conviction. This is just a general understanding as I've not actually reviewed the bond documents (but I have had occasion to ask the question because, you guessed it, we've had cities reach out asking this question - usually because they've already hired someone with a former felony conviction into a position that has to be covered by a bond).

Hope that helps.

Matt

On Mon, May 29, 2023 at 12:32 PM Larry Vickers larry@lvickerslaw.com wrote:

Group,

Is an ex felon allowed to hold public office? As I recall for an expunged record one must wait 10 years but does an actual felon have such an opportunity?

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

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To muddy the waters further, if someone ran, was elected, are they disposed by operation of law?? Larry Vickers, Jr. Attorney At Law, P.L.L.C. www.lvickerslaw.com 303 South Thornton P.O. Box 1302 Vian, Oklahoma 74962 Vian Phone: 918-773-4004 Muskogee Phone: 918-682-5900 On May 30, 2023 at 2:02 PM -0500, Larry Vickers <larry@lvickerslaw.com>, wrote: > Thanks for all the responses. VERY helpful. > > Larry Vickers, Jr. Attorney At Law, P.L.L.C. > > www.lvickerslaw.com > 303 South Thornton > P.O. Box 1302 > Vian, Oklahoma 74962 > Vian Phone: 918-773-4004 > Muskogee Phone: 918-682-5900 > On May 30, 2023 at 9:41 AM -0500, Matt Love <matt.love@gmail.com>, wrote: > > Great catch! By its express terms, it would prohibit a person from holding an elected position at a Municipality for 15 years after completion of their sentence. So they'd be eligible to vote after they completed their sentence, but not eligible to be elected Municipal official for another 15 years. > > > > And because OSCN links to cases or AG opinions that have cited a given statute, this statute was referenced in 1986 OK AG 79 which appears to contain a good discussion regarding eligibility to hold appointive office at a political subdivision following a felony conviction (essentially saying that, with the exception of certain crimes, there's not a general statutory disqualification from holding appointive public offices). > > > > > On Tue, May 30, 2023 at 9:13 AM Kimberlee Spady <Kim@spadylaw.com> wrote: > > > > But wouldn’t 26 OS 5-105a make the person ineligible, regardless of the expungement? > > > > > > > > Eligibility for Candidate when Convicted of Misdemeanor Involving Embezzlement or Felony > > > > oscn.net > > > > <apple-touch-icon.png> > > > > > > > > > > > > Sent from my iPhone > > > > > > > > > On May 30, 2023, at 8:56 AM, Matt Love <matt.love@gmail.com> wrote: > > > > > > > > > > Larry, > > > > > > > > > > I'm not sure that it matters whether the person has obtained an expungement. As to elected offices, 8-101 merely requires that the person be a resident and registered voter of the Municipality. 26 O.S. 4-101(1) provides that a convicted felon is eligible to register to vote once they have fully served their sentence. So if a convicted felon has fully served their sentence and, thereafter, became a resident and registered voter in a Municipality then it would appear that they would be eligible to hold an elective public office within the Municipality. > > > > > > > > > > As for appointed public offices, I am not aware of any statute that would prohibit a felon from holding an appointive office in general. Obviously there are certain offices where there are Federal and/or State statutory provisions that would effectively prevent a convicted felon from being appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or (e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires that a Municipal Treasurer and any other officers or employees that can sign warrants and checks to obtain a performance bond. While one might think that a convicted felon would be unable to become bonded, my general understanding is that this is not the case because many cities obtain blanket bonds and/or bonds that are for the position rather than the person, and that the bonds often do not contain provisions that would exclude a given person from coverage under the bond just because they had a felony conviction. This is just a general understanding as I've not actually reviewed the bond documents (but I have had occasion to ask the question because, you guessed it, we've had cities reach out asking this question - usually because they've already hired someone with a former felony conviction into a position that has to be covered by a bond). > > > > > > > > > > Hope that helps. > > > > > > > > > > Matt > > > > > > > > > > > On Mon, May 29, 2023 at 12:32 PM Larry Vickers <larry@lvickerslaw.com> wrote: > > > > > > > Group, > > > > > > > > > > > > > > Is an ex felon allowed to hold public office? As I recall for an expunged record one must wait 10 years but does an actual felon have such an opportunity? > > > > > > > > > > > > > > Larry Vickers, Jr. Attorney At Law, P.L.L.C. > > > > > > > > > > > > > > www.lvickerslaw.com > > > > > > > 303 South Thornton > > > > > > > P.O. Box 1302 > > > > > > > Vian, Oklahoma 74962 > > > > > > > Vian Phone: 918-773-4004 > > > > > > > Muskogee Phone: 918-682-5900 > > > > > > > -- > > > > > > > Oama mailing list -- oama@lists.imla.org > > > > > > > To unsubscribe send an email to oama-leave@lists.imla.org > > > > > -- > > > > > Oama mailing list -- oama@lists.imla.org > > > > > To unsubscribe send an email to oama-leave@lists.imla.org
LV
Larry Vickers
Wed, Jun 7, 2023 5:42 PM

So, then does someone who “slips through the cracks” and gets elected not hold office by operation of law?

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
On May 30, 2023 at 2:08 PM -0500, Larry Vickers larry@lvickerslaw.com, wrote:

To muddy the waters further, if someone ran, was elected, are they disposed by operation of law??

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
On May 30, 2023 at 2:02 PM -0500, Larry Vickers larry@lvickerslaw.com, wrote:

Thanks for all the responses. VERY helpful.

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
On May 30, 2023 at 9:41 AM -0500, Matt Love matt.love@gmail.com, wrote:

Great catch! By its express terms, it would prohibit a person from holding an elected position at a Municipality for 15 years after completion of their sentence. So they'd be eligible to vote after they completed their sentence, but not eligible to be elected Municipal official for another 15 years.

And because OSCN links to cases or AG opinions that have cited a given statute, this statute was referenced in 1986 OK AG 79 which appears to contain a good discussion regarding eligibility to hold appointive office at a political subdivision following a felony conviction (essentially saying that, with the exception of certain crimes, there's not a general statutory disqualification from holding appointive public offices).

On Tue, May 30, 2023 at 9:13 AM Kimberlee Spady Kim@spadylaw.com wrote:

But wouldn’t 26 OS 5-105a make the person ineligible, regardless of the expungement?

Eligibility for Candidate when Convicted of Misdemeanor Involving Embezzlement or Felony
oscn.net
<apple-touch-icon.png>

Sent from my iPhone

On May 30, 2023, at 8:56 AM, Matt Love matt.love@gmail.com wrote:

Larry,

I'm not sure that it matters whether the person has obtained an expungement. As to elected offices, 8-101 merely requires that the person be a resident and registered voter of the Municipality. 26 O.S. 4-101(1) provides that a convicted felon is eligible to register to vote once they have fully served their sentence. So if a convicted felon has fully served their sentence and, thereafter, became a resident and registered voter in a Municipality then it would appear that they would be eligible to hold an elective public office within the Municipality.

As for appointed public offices, I am not aware of any statute that would prohibit a felon from holding an appointive office in general. Obviously there are certain offices where there are Federal and/or State statutory provisions that would effectively prevent a convicted felon from being appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or (e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires that a Municipal Treasurer and any other officers or employees that can sign warrants and checks to obtain a performance bond. While one might think that a convicted felon would be unable to become bonded, my general understanding is that this is not the case because many cities obtain blanket bonds and/or bonds that are for the position rather than the person, and that the bonds often do not contain provisions that would exclude a given person from coverage under the bond just because they had a felony conviction. This is just a general understanding as I've not actually reviewed the bond documents (but I have had occasion to ask the question because, you guessed it, we've had cities reach out asking this question - usually because they've already hired someone with a former felony conviction into a position that has to be covered by a bond).

Hope that helps.

Matt

On Mon, May 29, 2023 at 12:32 PM Larry Vickers larry@lvickerslaw.com wrote:

Group,

Is an ex felon allowed to hold public office? As I recall for an expunged record one must wait 10 years but does an actual felon have such an opportunity?

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

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So, then does someone who “slips through the cracks” and gets elected not hold office by operation of law? Larry Vickers, Jr. Attorney At Law, P.L.L.C. www.lvickerslaw.com 303 South Thornton P.O. Box 1302 Vian, Oklahoma 74962 Vian Phone: 918-773-4004 Muskogee Phone: 918-682-5900 On May 30, 2023 at 2:08 PM -0500, Larry Vickers <larry@lvickerslaw.com>, wrote: > To muddy the waters further, if someone ran, was elected, are they disposed by operation of law?? > > Larry Vickers, Jr. Attorney At Law, P.L.L.C. > > www.lvickerslaw.com > 303 South Thornton > P.O. Box 1302 > Vian, Oklahoma 74962 > Vian Phone: 918-773-4004 > Muskogee Phone: 918-682-5900 > On May 30, 2023 at 2:02 PM -0500, Larry Vickers <larry@lvickerslaw.com>, wrote: > > Thanks for all the responses. VERY helpful. > > > > Larry Vickers, Jr. Attorney At Law, P.L.L.C. > > > > www.lvickerslaw.com > > 303 South Thornton > > P.O. Box 1302 > > Vian, Oklahoma 74962 > > Vian Phone: 918-773-4004 > > Muskogee Phone: 918-682-5900 > > On May 30, 2023 at 9:41 AM -0500, Matt Love <matt.love@gmail.com>, wrote: > > > Great catch! By its express terms, it would prohibit a person from holding an elected position at a Municipality for 15 years after completion of their sentence. So they'd be eligible to vote after they completed their sentence, but not eligible to be elected Municipal official for another 15 years. > > > > > > And because OSCN links to cases or AG opinions that have cited a given statute, this statute was referenced in 1986 OK AG 79 which appears to contain a good discussion regarding eligibility to hold appointive office at a political subdivision following a felony conviction (essentially saying that, with the exception of certain crimes, there's not a general statutory disqualification from holding appointive public offices). > > > > > > > On Tue, May 30, 2023 at 9:13 AM Kimberlee Spady <Kim@spadylaw.com> wrote: > > > > > But wouldn’t 26 OS 5-105a make the person ineligible, regardless of the expungement? > > > > > > > > > > Eligibility for Candidate when Convicted of Misdemeanor Involving Embezzlement or Felony > > > > > oscn.net > > > > > <apple-touch-icon.png> > > > > > > > > > > > > > > > Sent from my iPhone > > > > > > > > > > > On May 30, 2023, at 8:56 AM, Matt Love <matt.love@gmail.com> wrote: > > > > > > > > > > > > Larry, > > > > > > > > > > > > I'm not sure that it matters whether the person has obtained an expungement. As to elected offices, 8-101 merely requires that the person be a resident and registered voter of the Municipality. 26 O.S. 4-101(1) provides that a convicted felon is eligible to register to vote once they have fully served their sentence. So if a convicted felon has fully served their sentence and, thereafter, became a resident and registered voter in a Municipality then it would appear that they would be eligible to hold an elective public office within the Municipality. > > > > > > > > > > > > As for appointed public offices, I am not aware of any statute that would prohibit a felon from holding an appointive office in general. Obviously there are certain offices where there are Federal and/or State statutory provisions that would effectively prevent a convicted felon from being appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or (e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires that a Municipal Treasurer and any other officers or employees that can sign warrants and checks to obtain a performance bond. While one might think that a convicted felon would be unable to become bonded, my general understanding is that this is not the case because many cities obtain blanket bonds and/or bonds that are for the position rather than the person, and that the bonds often do not contain provisions that would exclude a given person from coverage under the bond just because they had a felony conviction. This is just a general understanding as I've not actually reviewed the bond documents (but I have had occasion to ask the question because, you guessed it, we've had cities reach out asking this question - usually because they've already hired someone with a former felony conviction into a position that has to be covered by a bond). > > > > > > > > > > > > Hope that helps. > > > > > > > > > > > > Matt > > > > > > > > > > > > > On Mon, May 29, 2023 at 12:32 PM Larry Vickers <larry@lvickerslaw.com> wrote: > > > > > > > > Group, > > > > > > > > > > > > > > > > Is an ex felon allowed to hold public office? As I recall for an expunged record one must wait 10 years but does an actual felon have such an opportunity? > > > > > > > > > > > > > > > > Larry Vickers, Jr. Attorney At Law, P.L.L.C. > > > > > > > > > > > > > > > > www.lvickerslaw.com > > > > > > > > 303 South Thornton > > > > > > > > P.O. Box 1302 > > > > > > > > Vian, Oklahoma 74962 > > > > > > > > Vian Phone: 918-773-4004 > > > > > > > > Muskogee Phone: 918-682-5900 > > > > > > > > -- > > > > > > > > Oama mailing list -- oama@lists.imla.org > > > > > > > > To unsubscribe send an email to oama-leave@lists.imla.org > > > > > > -- > > > > > > Oama mailing list -- oama@lists.imla.org > > > > > > To unsubscribe send an email to oama-leave@lists.imla.org
ML
Matt Love
Wed, Jun 7, 2023 10:50 PM

My opinion - their holding office with a defect in their ability to hold
the office. Their actions would all be valid and protected under the *de
facto *Officer doctrine. But they clearly would qualify for that doctrine
since they aren't a usurper of the Office - they ran, were elected, and
then sworn in.

The tougher question is what recourse there is at this point. If the issue
was that they missed a majority of the meetings over a 4 month period, or
that they failed to attend the NOI within the 1st year, then then the
statutes would say that they vacate their office. But it's not actually
self-effecting - the Council has to declare the vacancy as existing. And
the case law makes clear they have to provide due process.

But in those instances, the disqualifying condition arose after the person
took office. Here, the condition existed prior to them even filing for
office. I'm not sure whether a Council has the ability to declare a seat is
vacant due to something that occurred prior to the person taking
office...especially when there's a statutory process that was already in
place where the issue could have been challenged at the time.

Not really an answer (well, other than to say that they are still holding
the office and, at worst, as a de facto rather than de jure office
holder).

On Wed, Jun 7, 2023 at 12:42 PM Larry Vickers larry@lvickerslaw.com wrote:

So, then does someone who “slips through the cracks” and gets elected not
hold office by operation of law?

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
On May 30, 2023 at 2:08 PM -0500, Larry Vickers larry@lvickerslaw.com,
wrote:

To muddy the waters further, if someone ran, was elected, are they
disposed by operation of law??

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
On May 30, 2023 at 2:02 PM -0500, Larry Vickers larry@lvickerslaw.com,
wrote:

Thanks for all the responses. VERY helpful.

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900
On May 30, 2023 at 9:41 AM -0500, Matt Love matt.love@gmail.com, wrote:

Great catch! By its express terms, it would prohibit a person from holding
an elected position at a Municipality for 15 years after completion of
their sentence. So they'd be eligible to vote after they completed their
sentence, but not eligible to be elected Municipal official for another 15
years.

And because OSCN links to cases or AG opinions that have cited a given
statute, this statute was referenced in 1986 OK AG 79 which appears to
contain a good discussion regarding eligibility to hold appointive office
at a political subdivision following a felony conviction (essentially
saying that, with the exception of certain crimes, there's not a general
statutory disqualification from holding appointive public offices).

On Tue, May 30, 2023 at 9:13 AM Kimberlee Spady Kim@spadylaw.com wrote:

But wouldn’t 26 OS 5-105a make the person ineligible, regardless of the
expungement?

Eligibility for Candidate when Convicted of Misdemeanor Involving
Embezzlement or Felony
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488
oscn.net
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488
<apple-touch-icon.png>
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488

Sent from my iPhone

On May 30, 2023, at 8:56 AM, Matt Love matt.love@gmail.com wrote:


Larry,

I'm not sure that it matters whether the person has obtained an
expungement. As to elected offices, 8-101 merely requires that the person
be a resident and registered voter of the Municipality. 26 O.S. 4-101(1)
provides that a convicted felon is eligible to register to vote once they
have fully served their sentence. So if a convicted felon has fully served
their sentence and, thereafter, became a resident and registered voter in a
Municipality then it would appear that they would be eligible to hold an
elective public office within the Municipality.

As for appointed public offices, I am not aware of any statute that would
prohibit a felon from holding an appointive office in general. Obviously
there are certain offices where there are Federal and/or State statutory
provisions that would effectively prevent a convicted felon from being
appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or
(e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires
that a Municipal Treasurer and any other officers or employees that can
sign warrants and checks to obtain a performance bond. While one might
think that a convicted felon would be unable to become bonded, my general
understanding is that this is not the case because many cities obtain
blanket bonds and/or bonds that are for the position rather than the
person, and that the bonds often do not contain provisions that would
exclude a given person from coverage under the bond just because they had a
felony conviction. This is just a general understanding as I've not
actually reviewed the bond documents (but I have had occasion to ask the
question because, you guessed it, we've had cities reach out asking this
question - usually because they've already hired someone with a former
felony conviction into a position that has to be covered by a bond).

Hope that helps.

Matt

On Mon, May 29, 2023 at 12:32 PM Larry Vickers larry@lvickerslaw.com
wrote:

Group,

Is an ex felon allowed to hold public office? As I recall for an
expunged record one must wait 10 years but does an actual felon have such
an opportunity?

Larry Vickers, Jr. Attorney At Law, P.L.L.C.

www.lvickerslaw.com
303 South Thornton
P.O. Box 1302
Vian, Oklahoma 74962
Vian Phone: 918-773-4004
Muskogee Phone: 918-682-5900

Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org

--
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To unsubscribe send an email to oama-leave@lists.imla.org

My opinion - their holding office with a defect in their ability to hold the office. Their actions would all be valid and protected under the *de facto *Officer doctrine. But they clearly would qualify for that doctrine since they aren't a usurper of the Office - they ran, were elected, and then sworn in. The tougher question is what recourse there is at this point. If the issue was that they missed a majority of the meetings over a 4 month period, or that they failed to attend the NOI within the 1st year, then then the statutes would say that they vacate their office. But it's not actually self-effecting - the Council has to declare the vacancy as existing. And the case law makes clear they have to provide due process. But in those instances, the disqualifying condition arose after the person took office. Here, the condition existed prior to them even filing for office. I'm not sure whether a Council has the ability to declare a seat is vacant due to something that occurred prior to the person taking office...especially when there's a statutory process that was already in place where the issue could have been challenged at the time. Not really an answer (well, other than to say that they are still holding the office and, at worst, as a *de facto* rather than *de jure* office holder). On Wed, Jun 7, 2023 at 12:42 PM Larry Vickers <larry@lvickerslaw.com> wrote: > So, then does someone who “slips through the cracks” and gets elected not > hold office by operation of law? > > *Larry Vickers, Jr. Attorney At Law, P.L.L.C.* > > www.lvickerslaw.com > 303 South Thornton > P.O. Box 1302 > Vian, Oklahoma 74962 > Vian Phone: 918-773-4004 > Muskogee Phone: 918-682-5900 > On May 30, 2023 at 2:08 PM -0500, Larry Vickers <larry@lvickerslaw.com>, > wrote: > > To muddy the waters further, if someone ran, was elected, are they > disposed by operation of law?? > > *Larry Vickers, Jr. Attorney At Law, P.L.L.C.* > > www.lvickerslaw.com > 303 South Thornton > P.O. Box 1302 > Vian, Oklahoma 74962 > Vian Phone: 918-773-4004 > Muskogee Phone: 918-682-5900 > On May 30, 2023 at 2:02 PM -0500, Larry Vickers <larry@lvickerslaw.com>, > wrote: > > Thanks for all the responses. VERY helpful. > > *Larry Vickers, Jr. Attorney At Law, P.L.L.C.* > > www.lvickerslaw.com > 303 South Thornton > P.O. Box 1302 > Vian, Oklahoma 74962 > Vian Phone: 918-773-4004 > Muskogee Phone: 918-682-5900 > On May 30, 2023 at 9:41 AM -0500, Matt Love <matt.love@gmail.com>, wrote: > > Great catch! By its express terms, it would prohibit a person from holding > an elected position at a Municipality for 15 years after completion of > their sentence. So they'd be eligible to vote after they completed their > sentence, but not eligible to be elected Municipal official for another 15 > years. > > And because OSCN links to cases or AG opinions that have cited a given > statute, this statute was referenced in 1986 OK AG 79 which appears to > contain a good discussion regarding eligibility to hold appointive office > at a political subdivision following a felony conviction (essentially > saying that, with the exception of certain crimes, there's not a general > statutory disqualification from holding appointive public offices). > > On Tue, May 30, 2023 at 9:13 AM Kimberlee Spady <Kim@spadylaw.com> wrote: > >> But wouldn’t 26 OS 5-105a make the person ineligible, regardless of the >> expungement? >> >> Eligibility for Candidate when Convicted of Misdemeanor Involving >> Embezzlement or Felony >> <https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488> >> oscn.net >> <https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488> >> <apple-touch-icon.png> >> <https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488> >> <https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=78488> >> >> >> Sent from my iPhone >> >> On May 30, 2023, at 8:56 AM, Matt Love <matt.love@gmail.com> wrote: >> >>  >> Larry, >> >> I'm not sure that it matters whether the person has obtained an >> expungement. As to elected offices, 8-101 merely requires that the person >> be a resident and registered voter of the Municipality. 26 O.S. 4-101(1) >> provides that a convicted felon is eligible to register to vote once they >> have fully served their sentence. So if a convicted felon has fully served >> their sentence and, thereafter, became a resident and registered voter in a >> Municipality then it would appear that they would be eligible to hold an >> elective public office within the Municipality. >> >> As for appointed public offices, I am not aware of any statute that would >> prohibit a felon from holding an appointive office in general. Obviously >> there are certain offices where there are Federal and/or State statutory >> provisions that would effectively prevent a convicted felon from being >> appointed - e.g. a Police Officer due to 70 O.S. 3311(E)(1)(a), (b) and/or >> (e) as well 18 U.S.C. 922(g)(1). There's also 11 O.S. 8-105 which requires >> that a Municipal Treasurer and any other officers or employees that can >> sign warrants and checks to obtain a performance bond. While one might >> think that a convicted felon would be unable to become bonded, my general >> understanding is that this is not the case because many cities obtain >> blanket bonds and/or bonds that are for the position rather than the >> person, and that the bonds often do not contain provisions that would >> exclude a given person from coverage under the bond just because they had a >> felony conviction. This is just a general understanding as I've not >> actually reviewed the bond documents (but I have had occasion to ask the >> question because, you guessed it, we've had cities reach out asking this >> question - usually because they've already hired someone with a former >> felony conviction into a position that has to be covered by a bond). >> >> Hope that helps. >> >> Matt >> >> On Mon, May 29, 2023 at 12:32 PM Larry Vickers <larry@lvickerslaw.com> >> wrote: >> >>> Group, >>> >>> Is an ex felon allowed to hold public office? As I recall for an >>> expunged record one must wait 10 years but does an actual felon have such >>> an opportunity? >>> >>> *Larry Vickers, Jr. Attorney At Law, P.L.L.C.* >>> >>> www.lvickerslaw.com >>> 303 South Thornton >>> P.O. Box 1302 >>> Vian, Oklahoma 74962 >>> Vian Phone: 918-773-4004 >>> Muskogee Phone: 918-682-5900 >>> -- >>> Oama mailing list -- oama@lists.imla.org >>> To unsubscribe send an email to oama-leave@lists.imla.org >>> >> -- >> Oama mailing list -- oama@lists.imla.org >> To unsubscribe send an email to oama-leave@lists.imla.org >> >>