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Moratorium on shut-offs

PM
Phillip Morton
Tue, Mar 24, 2020 7:40 PM

Mayor is wanting to implement a moratorium on shutting off utilities during
the state of emergency and is asking if that needs to be done through
council action via a resolution, an emergency proclamation, or if he can
implement it unilaterally as policy. We have an aldermanic form of
government. Thoughts in these uncertain times?

Mayor is wanting to implement a moratorium on shutting off utilities during the state of emergency and is asking if that needs to be done through council action via a resolution, an emergency proclamation, or if he can implement it unilaterally as policy. We have an aldermanic form of government. Thoughts in these uncertain times?
JB
Jeff Bryant
Tue, Mar 24, 2020 9:10 PM

In Aldermanic form of government the Mayor is the administrative head of the City  11 O.S. §9-105.  If the shutting off utilities for nonpayment is an administrative function, then the Mayor could effectuate that policy unilaterally.  However, if the cut off policy  is set by ordinance, then the ordinance should be reviewed to see if  there is any latitude for the Mayor to handle such matters administratively.  In any event, given the state of emergency with the COVID-19 there may be some utility in bringing the whole Council into the discussion and reaching consensus on such a policy.  I hope this helps.
Jeff Bryant

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma  73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orghttps://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0

From: Oama oama-bounces@lists.imla.org On Behalf Of Phillip Morton
Sent: Tuesday, March 24, 2020 2:41 PM
To: oama@lists.imla.org
Subject: [Oama] Moratorium on shut-offs

Mayor is wanting to implement a moratorium on shutting off utilities during the state of emergency and is asking if that needs to be done through council action via a resolution, an emergency proclamation, or if he can implement it unilaterally as policy. We have an aldermanic form of government. Thoughts in these uncertain times?

In Aldermanic form of government the Mayor is the administrative head of the City 11 O.S. §9-105. If the shutting off utilities for nonpayment is an administrative function, then the Mayor could effectuate that policy unilaterally. However, if the cut off policy is set by ordinance, then the ordinance should be reviewed to see if there is any latitude for the Mayor to handle such matters administratively. In any event, given the state of emergency with the COVID-19 there may be some utility in bringing the whole Council into the discussion and reaching consensus on such a policy. I hope this helps. Jeff Bryant Jeff H Bryant Director of Legal Services Associate General Counsel jbryant@omag.org<mailto:jbryant@omag.org> [OMAG Small Logo Smooth] 3650 S. Boulevard Edmond, Oklahoma 73013 Phone: 405-657-1419 Fax: 405-657-1401 www.omag.org<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Phillip Morton Sent: Tuesday, March 24, 2020 2:41 PM To: oama@lists.imla.org Subject: [Oama] Moratorium on shut-offs Mayor is wanting to implement a moratorium on shutting off utilities during the state of emergency and is asking if that needs to be done through council action via a resolution, an emergency proclamation, or if he can implement it unilaterally as policy. We have an aldermanic form of government. Thoughts in these uncertain times?