Appointed Office - Term?
The town clerk-treasurer is appointed as authorized by 11 O.S. 16-207. Does
the clerk-treasurer still serve for a 4 year term and therefore need to be
reappointed at the end of that term? Or is the appointment indefinite?
The final sentence of Section 16-207 - "In towns, the appointment and
removal shall be by a majority vote of all the members of the board of
trustees." - makes me think the appointment is indefinite, subject to
removal as stated.
Just want to confirm I'm not missing something here.
Thanks
Kim Spady
Term of office would only apply if they were an elected official. Since the
position was converted to an appointed position, then there is no longer a
defined term (with the caveat that, if the conversion just happened, then
the elected person would finish their term and then the position would
fully become an appointed one for an indefinite term).
On Tue, Jan 11, 2022 at 11:24 AM Kim@spadylaw.com wrote:
The town clerk-treasurer is appointed as authorized by 11 O.S. 16-207.
Does the clerk-treasurer still serve for a 4 year term and therefore need
to be reappointed at the end of that term? Or is the appointment indefinite?
The final sentence of Section 16-207 – “In towns, the appointment and
removal shall be by a majority vote of all the members of the board of
trustees.” – makes me think the appointment is indefinite, subject to
removal as stated.
Just want to confirm I’m not missing something here.
Thanks
Kim Spady
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I've got a fun addition. Clerk resigns mid-term after the conversion is approved. I'm about to tell my city that the provision remains an elective position until the "end of the term", and then turns to an appointive provision for an indefinite term.
Don't suppose there's any authority on this point other than the statute?
D. Michael Haggerty, IIHaggerty Law Office, PLLC 716 W. Evergreen St. Durant, Oklahoma 74701 (580) 920-9060dmhaggerty2@sbcglobal.net
On Tuesday, January 11, 2022, 12:52:22 PM CST, Matt Love <matt.love@gmail.com> wrote:
Term of office would only apply if they were an elected official. Since the position was converted to an appointed position, then there is no longer a defined term (with the caveat that, if the conversion just happened, then the elected person would finish their term and then the position would fully become an appointed one for an indefinite term).
On Tue, Jan 11, 2022 at 11:24 AM Kim@spadylaw.com wrote:
The town clerk-treasurer is appointed as authorized by 11 O.S. 16-207. Does the clerk-treasurer still serve for a 4 year term and therefore need to be reappointed at the end of that term? Or is the appointment indefinite?
The final sentence of Section 16-207 – “In towns, the appointment and removal shall be by a majority vote of all the members of the board of trustees.” – makes me think the appointment is indefinite, subject to removal as stated.
Just want to confirm I’m not missing something here.
Thanks
Kim Spady
Oama mailing list -- oama@lists.imla.org
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I agree with your conclusion but wonder why it matters? The person the board appoints now can be seamlessly re-appointed (or not) at the end of the term.
Kim Spady
From: Michael Haggerty dmhaggerty2@sbcglobal.net
Sent: Tuesday, January 11, 2022 2:15 PM
To: oama@lists.imla.org
Subject: [Oama] Re: Appointed Office - Term?
I've got a fun addition. Clerk resigns mid-term after the conversion is approved. I'm about to tell my city that the provision remains an elective position until the "end of the term", and then turns to an appointive provision for an indefinite term.
Don't suppose there's any authority on this point other than the statute?
D. Michael Haggerty, II
Haggerty Law Office, PLLC
716 W. Evergreen St.
Durant, Oklahoma 74701
(580) 920-9060
dmhaggerty2@sbcglobal.net mailto:dmhaggerty2@sbcglobal.net
On Tuesday, January 11, 2022, 12:52:22 PM CST, Matt Love <matt.love@gmail.com mailto:matt.love@gmail.com > wrote:
Term of office would only apply if they were an elected official. Since the position was converted to an appointed position, then there is no longer a defined term (with the caveat that, if the conversion just happened, then the elected person would finish their term and then the position would fully become an appointed one for an indefinite term).
On Tue, Jan 11, 2022 at 11:24 AM <Kim@spadylaw.com mailto:Kim@spadylaw.com > wrote:
The town clerk-treasurer is appointed as authorized by 11 O.S. 16-207. Does the clerk-treasurer still serve for a 4 year term and therefore need to be reappointed at the end of that term? Or is the appointment indefinite?
The final sentence of Section 16-207 – “In towns, the appointment and removal shall be by a majority vote of all the members of the board of trustees.” – makes me think the appointment is indefinite, subject to removal as stated.
Just want to confirm I’m not missing something here.
Thanks
Kim Spady
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The reason it matters is let's say the board gets tired of the new clerk before the term ends. They can't remove her under the revised ordinance, they just have to ride it out until the end of the term or her resignation.
D. Michael Haggerty, IIHaggerty Law Office, PLLC 716 W. Evergreen St. Durant, Oklahoma 74701 (580) 920-9060dmhaggerty2@sbcglobal.net
On Tuesday, January 11, 2022, 02:30:58 PM CST, <kim@spadylaw.com> wrote:
I agree with your conclusion but wonder why it matters? The person the board appoints now can be seamlessly re-appointed (or not) at the end of the term.
Kim Spady
From: Michael Haggerty dmhaggerty2@sbcglobal.net
Sent: Tuesday, January 11, 2022 2:15 PM
To: oama@lists.imla.org
Subject: [Oama] Re: Appointed Office - Term?
I've got a fun addition. Clerk resigns mid-term after the conversion is approved. I'm about to tell my city that the provision remains an elective position until the "end of the term", and then turns to an appointive provision for an indefinite term.
Don't suppose there's any authority on this point other than the statute?
D. Michael Haggerty, II
Haggerty Law Office, PLLC
716 W. Evergreen St.
Durant, Oklahoma 74701
(580) 920-9060
On Tuesday, January 11, 2022, 12:52:22 PM CST, Matt Love matt.love@gmail.com wrote:
Term of office would only apply if they were an elected official. Since the position was converted to an appointed position, then there is no longer a defined term (with the caveat that, if the conversion just happened, then the elected person would finish their term and then the position would fully become an appointed one for an indefinite term).
On Tue, Jan 11, 2022 at 11:24 AM Kim@spadylaw.com wrote:
The town clerk-treasurer is appointed as authorized by 11 O.S. 16-207. Does the clerk-treasurer still serve for a 4 year term and therefore need to be reappointed at the end of that term? Or is the appointment indefinite?
The final sentence of Section 16-207 – “In towns, the appointment and removal shall be by a majority vote of all the members of the board of trustees.” – makes me think the appointment is indefinite, subject to removal as stated.
Just want to confirm I’m not missing something here.
Thanks
Kim Spady
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As a matter of practice all the cities I have worked with that handle appointed clerks is they are appointed until removed or they resign.
Daniel
From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Tuesday, January 11, 2022 2:31 PM
To: oama@lists.imla.org
Subject: [Oama] Re: Appointed Office - Term?
I agree with your conclusion but wonder why it matters? The person the board appoints now can be seamlessly re-appointed (or not) at the end of the term.
Kim Spady
From: Michael Haggerty <dmhaggerty2@sbcglobal.netmailto:dmhaggerty2@sbcglobal.net>
Sent: Tuesday, January 11, 2022 2:15 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Re: Appointed Office - Term?
I've got a fun addition. Clerk resigns mid-term after the conversion is approved. I'm about to tell my city that the provision remains an elective position until the "end of the term", and then turns to an appointive provision for an indefinite term.
Don't suppose there's any authority on this point other than the statute?
D. Michael Haggerty, II
Haggerty Law Office, PLLC
716 W. Evergreen St.
Durant, Oklahoma 74701
(580) 920-9060
dmhaggerty2@sbcglobal.netmailto:dmhaggerty2@sbcglobal.net
On Tuesday, January 11, 2022, 12:52:22 PM CST, Matt Love <matt.love@gmail.commailto:matt.love@gmail.com> wrote:
Term of office would only apply if they were an elected official. Since the position was converted to an appointed position, then there is no longer a defined term (with the caveat that, if the conversion just happened, then the elected person would finish their term and then the position would fully become an appointed one for an indefinite term).
On Tue, Jan 11, 2022 at 11:24 AM <Kim@spadylaw.commailto:Kim@spadylaw.com> wrote:
The town clerk-treasurer is appointed as authorized by 11 O.S. 16-207. Does the clerk-treasurer still serve for a 4 year term and therefore need to be reappointed at the end of that term? Or is the appointment indefinite?
The final sentence of Section 16-207 – “In towns, the appointment and removal shall be by a majority vote of all the members of the board of trustees.” – makes me think the appointment is indefinite, subject to removal as stated.
Just want to confirm I’m not missing something here.
Thanks
Kim Spady
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I agree with the indefinite analysis. Once appointed, they are in
essence an at-will employee serving at the (indefinite) pleasure of the
Board until removed.
Ralph.
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On Tue, Jan 11, 2022 at 2:44 PM Daniel McClure daniel@oml.org wrote:
As a matter of practice all the cities I have worked with that handle
appointed clerks is they are appointed until removed or they resign.
Daniel
From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Tuesday, January 11, 2022 2:31 PM
To: oama@lists.imla.org
Subject: [Oama] Re: Appointed Office - Term?
I agree with your conclusion but wonder why it matters? The person the
board appoints now can be seamlessly re-appointed (or not) at the end of
the term.
Kim Spady
From: Michael Haggerty dmhaggerty2@sbcglobal.net
Sent: Tuesday, January 11, 2022 2:15 PM
To: oama@lists.imla.org
Subject: [Oama] Re: Appointed Office - Term?
I've got a fun addition. Clerk resigns mid-term after the conversion is
approved. I'm about to tell my city that the provision remains an elective
position until the "end of the term", and then turns to an appointive
provision for an indefinite term.
Don't suppose there's any authority on this point other than the statute?
D. Michael Haggerty, II
Haggerty Law Office, PLLC
716 W. Evergreen St.
Durant, Oklahoma 74701
(580) 920-9060
On Tuesday, January 11, 2022, 12:52:22 PM CST, Matt Love <
matt.love@gmail.com> wrote:
Term of office would only apply if they were an elected official. Since
the position was converted to an appointed position, then there is no
longer a defined term (with the caveat that, if the conversion just
happened, then the elected person would finish their term and then the
position would fully become an appointed one for an indefinite term).
On Tue, Jan 11, 2022 at 11:24 AM Kim@spadylaw.com wrote:
The town clerk-treasurer is appointed as authorized by 11 O.S. 16-207.
Does the clerk-treasurer still serve for a 4 year term and therefore need
to be reappointed at the end of that term? Or is the appointment indefinite?
The final sentence of Section 16-207 – “In towns, the appointment and
removal shall be by a majority vote of all the members of the board of
trustees.” – makes me think the appointment is indefinite, subject to
removal as stated.
Just want to confirm I’m not missing something here.
Thanks
Kim Spady
--
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