I presume this situation has come up for someone at least once in the past and I'm curious how you handled it.
We have an Urban Renewal Authority, and while the members were supposed to be staggered, over the years because appointments were delayed or ignored, we have all 5 members (of the 5 member board) set to expire at the same time. Anyone have experience in getting these terms staggered again?
My challenge is that the statute authorizing Urban Renewal Authorities sets an initial staggered term when the authority was created, then sets the term for 3 years and uses the mandatory "shall" language. I recognize that expired members continue to serve until replaced, but rather than just waiting it out and hoping everyone remembers, I'm curious if there's a better way without running afoul of the statutory authority for which our URA was created.
Here's the statute:
B. When the Urban Renewal Authority is authorized to transact business and exercise powers hereunder, the mayor, subject to the approval of the municipal governing body, shall appoint a Board of Commissioners consisting of five (5) members. The term of office of each such Commission member shall be for three (3) years, except that of the members first appointed, one shall serve for a term of one (1) year and two shall serve for terms of two (2) years. The initial appointments, regardless of the calendar date when such appointments are made, shall expire on the July 31 closest to the full one, two or three-year term to which such members are appointed. Thereafter, and after the expiration of initial terms, all members shall serve terms of three (3) years. All terms of office, including initial appointments, shall expire as of July 31 and new terms shall commence on August 1 of the calendar year.
Many thanks for any ideas.
Roy
Roy D. Tucker
City Attorneyhttps://www.muskogeeonline.org/departments/legal/index.php
City of Muskogeehttp://www.cityofmuskogee.org/
229 W. Okmulgee Ave.
Muskogee, Oklahoma 74401
(918) 684-6276
rtucker@muskogeeonline.orgmailto:rtucker@muskogeeonline.org
[cid:image001.jpg@01D8A110.CC2C3EB0]https://www.cityofmuskogee.org/
I presume this situation has come up for someone at least once in the past and I'm curious how you handled it.
We have an Urban Renewal Authority, and while the members were supposed to be staggered, over the years because appointments were delayed or ignored, we have all 5 members (of the 5 member board) set to expire at the same time. Anyone have experience in getting these terms staggered again?
My challenge is that the statute authorizing Urban Renewal Authorities sets an initial staggered term when the authority was created, then sets the term for 3 years and uses the mandatory "shall" language. I recognize that expired members continue to serve until replaced, but rather than just waiting it out and hoping everyone remembers, I'm curious if there's a better way without running afoul of the statutory authority for which our URA was created.
Here's the statute:
B. When the Urban Renewal Authority is authorized to transact business and exercise powers hereunder, the mayor, subject to the approval of the municipal governing body, shall appoint a Board of Commissioners consisting of five (5) members. The term of office of each such Commission member shall be for three (3) years, except that of the members first appointed, one shall serve for a term of one (1) year and two shall serve for terms of two (2) years. The initial appointments, regardless of the calendar date when such appointments are made, shall expire on the July 31 closest to the full one, two or three-year term to which such members are appointed. Thereafter, and after the expiration of initial terms, all members shall serve terms of three (3) years. All terms of office, including initial appointments, shall expire as of July 31 and new terms shall commence on August 1 of the calendar year.
Many thanks for any ideas.
Roy
Roy D. Tucker
City Attorney<https://www.muskogeeonline.org/departments/legal/index.php>
City of Muskogee<http://www.cityofmuskogee.org/>
229 W. Okmulgee Ave.
Muskogee, Oklahoma 74401
(918) 684-6276
rtucker@muskogeeonline.org<mailto:rtucker@muskogeeonline.org>
[cid:image001.jpg@01D8A110.CC2C3EB0]<https://www.cityofmuskogee.org/>
