Judge Term
Hello all,
Since municipal judges have a two year term, is a contract required to be
two years with them. Can the contract exceed one year?
--
Jeffrey L. Edwards |
Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the
IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax
advice contained in the foregoing communication (including attachments) is
not intended or written to be used, and cannot be used, for the purpose of
(i) avoiding penalties under the Internal Revenue Code; or (ii) promoting,
marketing or recommending to another party any transaction or matter
addressed herein.
The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential or privileged material.
Any review, distribution, or other unauthorized use of the information by
persons or entities other than the intended recipient is prohibited. If
you received this communication in error, please contact the sender and
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In my opinion the following or similar language should be added to agreement:
It is understood and agreed that, by virtue of the Article 10, Section 26 of the Oklahoma Constitution, the payment of City of Ardmore’s funds in the future will be limited to appropriations and available funds in the then current City fiscal year.
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: Jeff Edwards jeff@flynnedwardsoneal.com
Sent: Wednesday, May 10, 2023 2:57 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Judge Term
Hello all,
Since municipal judges have a two year term, is a contract required to be two years with them. Can the contract exceed one year?
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.
If the contract’s with a municipality rather than a trust, you can do a 2-year contract but you’ll need to appropriate and encumber all the money at the time of contracting for the full 2 years. So if the city is paying $100,000 per year and it’s a 2 year contract, you’ll need to set aside $200,000 upon your city approving the contract.
From: Jeff Edwards jeff@flynnedwardsoneal.com
Sent: Wednesday, May 10, 2023 2:57 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Judge Term
Hello all,
Since municipal judges have a two year term, is a contract required to be two years with them. Can the contract exceed one year?
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.
I think you can do that subject to annual appropriation of revenues to fund the second year.
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
Cell: 405-830-8672
www.omag.orghttp://www.omag.org/
From: Jeff Edwards jeff@flynnedwardsoneal.com
Sent: Wednesday, May 10, 2023 2:57 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Judge Term
Hello all,
Since municipal judges have a two year term, is a contract required to be two years with them. Can the contract exceed one year?
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.
Thank you all!
On Wed, May 10, 2023 at 3:35 PM Jeff Bryant jbryant@omag.org wrote:
I think you can do that subject to annual appropriation of revenues to
fund the second year.
*Jeff H Bryant *Director of Legal Services
Associate General Counsel
jbryant@omag.org jbryant@omag.org
[image: OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
Cell: 405-830-8672
www.omag.org
From: Jeff Edwards jeff@flynnedwardsoneal.com
Sent: Wednesday, May 10, 2023 2:57 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Judge Term
Hello all,
Since municipal judges have a two year term, is a contract required to be
two years with them. Can the contract exceed one year?
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by
the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S.
Tax advice contained in the foregoing communication (including attachments)
is not intended or written to be used, and cannot be used, for the purpose
of (i) avoiding penalties under the Internal Revenue Code; or (ii)
promoting, marketing or recommending to another party any transaction or
matter addressed herein.
The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential or privileged material.
Any review, distribution, or other unauthorized use of the information by
persons or entities other than the intended recipient is prohibited. If
you received this communication in error, please contact the sender and
delete the material from any computer.
--
Jeffrey L. Edwards |
Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the
IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax
advice contained in the foregoing communication (including attachments) is
not intended or written to be used, and cannot be used, for the purpose of
(i) avoiding penalties under the Internal Revenue Code; or (ii) promoting,
marketing or recommending to another party any transaction or matter
addressed herein.
The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential or privileged material.
Any review, distribution, or other unauthorized use of the information by
persons or entities other than the intended recipient is prohibited. If
you received this communication in error, please contact the sender and
delete the material from any computer.
Sorry, Jeff, I disagree. The Governor has a term of four years, but there is no requirement that his salary be funded in one year. The State appropriates funds annually. Now, if the municipality doesn’t fund the judge with an appropriation in the second year, that would be interesting and might create a vacancy, but there is no requirement to fund him or her in one year.
Good Luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Jeff Edwards jeff@flynnedwardsoneal.com
Sent: Wednesday, May 10, 2023 3:47 PM
To: Jeff Bryant jbryant@omag.org
Cc: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: Judge Term
Thank you all!
On Wed, May 10, 2023 at 3:35 PM Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org> wrote:
I think you can do that subject to annual appropriation of revenues to fund the second year.
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
Cell: 405-830-8672
www.omag.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.omag.org%2f&c=E,1,WyE7QcN69oyx2uBJ4piUrCB1XvY1AnQ-0JYBD8tWS6xY3eSzEXES0v2CRG8sejvyHAvXp3fyFyZVcLBoLskxEyYWuP4AQvlQg4Rs2kNUcUMBGi9YO7GabWEBBA,,&typo=1
From: Jeff Edwards <jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com>
Sent: Wednesday, May 10, 2023 2:57 PM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Judge Term
Hello all,
Since municipal judges have a two year term, is a contract required to be two years with them. Can the contract exceed one year?
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.
Article 10 Section 26 of constitution applies only to political subdivisons.
Article 10 - Revenue And Taxation
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKCN#PublicIndebtedness Public Indebtedness
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section Article 10 section 26 - Indebtedness of political subdivisions - Assent of voters - Limitation of amount - Annual tax
Cite as: O.S. §, __ __
§ 26. Indebtedness of political subdivisions - Assent of voters - Annual tax- Computation of amount of indebtedness.
(a) Except as herein otherwise provided, no county, city, town, township, school district, or other political corporation, or subdivision of the state, shall be allowed to become indebted, in any manner, or for any purpose, to an amount exceeding, in any year, the income and revenue provided for such year without the assent of three-fifths of the voters thereof, voting at an election, to be held for that purpose,
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: Mark Ramsey MRamsey@soonerlaw.com
Sent: Wednesday, May 10, 2023 4:06 PM
To: Jeff Edwards jeff@flynnedwardsoneal.com; Jeff Bryant jbryant@omag.org
Cc: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: Judge Term
Sorry, Jeff, I disagree. The Governor has a term of four years, but there is no requirement that his salary be funded in one year. The State appropriates funds annually. Now, if the municipality doesn’t fund the judge with an appropriation in the second year, that would be interesting and might create a vacancy, but there is no requirement to fund him or her in one year.
Good Luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Jeff Edwards jeff@flynnedwardsoneal.com
Sent: Wednesday, May 10, 2023 3:47 PM
To: Jeff Bryant jbryant@omag.org
Cc: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: Judge Term
Thank you all!
On Wed, May 10, 2023 at 3:35 PM Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org> wrote:
I think you can do that subject to annual appropriation of revenues to fund the second year.
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
Cell: 405-830-8672
www.omag.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.omag.org%2f&c=E,1,WyE7QcN69oyx2uBJ4piUrCB1XvY1AnQ-0JYBD8tWS6xY3eSzEXES0v2CRG8sejvyHAvXp3fyFyZVcLBoLskxEyYWuP4AQvlQg4Rs2kNUcUMBGi9YO7GabWEBBA,,&typo=1
From: Jeff Edwards <jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com>
Sent: Wednesday, May 10, 2023 2:57 PM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Judge Term
Hello all,
Since municipal judges have a two year term, is a contract required to be two years with them. Can the contract exceed one year?
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.
I agree, Judges are appointed for two year terms, and there is no requirement for a contract or funding for the second year as part of year one budget
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com
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Visit us at our website http://www.cheekfalcone.com/
From: Mark Ramsey MRamsey@soonerlaw.com
Sent: Wednesday, May 10, 2023 4:06 PM
To: Jeff Edwards jeff@flynnedwardsoneal.com; Jeff Bryant jbryant@omag.org
Cc: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: Judge Term
Sorry, Jeff, I disagree. The Governor has a term of four years, but there is no requirement that his salary be funded in one year. The State appropriates funds annually. Now, if the municipality doesn’t fund the judge with an appropriation in the second year, that would be interesting and might create a vacancy, but there is no requirement to fund him or her in one year.
Good Luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Jeff Edwards <jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com>
Sent: Wednesday, May 10, 2023 3:47 PM
To: Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org>
Cc: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Judge Term
Thank you all!
On Wed, May 10, 2023 at 3:35 PM Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org> wrote:
I think you can do that subject to annual appropriation of revenues to fund the second year.
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
Cell: 405-830-8672
www.omag.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.omag.org%2f&c=E,1,WyE7QcN69oyx2uBJ4piUrCB1XvY1AnQ-0JYBD8tWS6xY3eSzEXES0v2CRG8sejvyHAvXp3fyFyZVcLBoLskxEyYWuP4AQvlQg4Rs2kNUcUMBGi9YO7GabWEBBA,,&typo=1
From: Jeff Edwards <jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com>
Sent: Wednesday, May 10, 2023 2:57 PM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Judge Term
Hello all,
Since municipal judges have a two year term, is a contract required to be two years with them. Can the contract exceed one year?
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.
I think by “subject to annual appropriation,” Jeff intended to mean that a two-year contract could state that the second year’s salary would be subject to an appropriation in that year, not that both year’s salary would have to be appropriated in the first year.
Sincerely,
Jeff Sabin
--
Center for Economic Development Law
(405) 232-4606 office | (512) 529-0547 cell
jeffsabin@econlaw.com
From: Robert Thompson rthompson@cheekfalcone.com
Sent: Wednesday, May 10, 2023 4:20 PM
To: Mark Ramsey MRamsey@soonerlaw.com; Jeff Edwards jeff@flynnedwardsoneal.com; Jeff Bryant jbryant@omag.org
Cc: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: Judge Term
I agree, Judges are appointed for two year terms, and there is no requirement for a contract or funding for the second year as part of year one budget
Robert C. Thompson
Cheek & Falcone, PLLC
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Oklahoma City, Okla. 73118
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From: Mark Ramsey <MRamsey@soonerlaw.commailto:MRamsey@soonerlaw.com>
Sent: Wednesday, May 10, 2023 4:06 PM
To: Jeff Edwards <jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com>; Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org>
Cc: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Judge Term
Sorry, Jeff, I disagree. The Governor has a term of four years, but there is no requirement that his salary be funded in one year. The State appropriates funds annually. Now, if the municipality doesn’t fund the judge with an appropriation in the second year, that would be interesting and might create a vacancy, but there is no requirement to fund him or her in one year.
Good Luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
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From: Jeff Edwards <jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com>
Sent: Wednesday, May 10, 2023 3:47 PM
To: Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org>
Cc: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Judge Term
Thank you all!
On Wed, May 10, 2023 at 3:35 PM Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org> wrote:
I think you can do that subject to annual appropriation of revenues to fund the second year.
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
Cell: 405-830-8672
www.omag.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.omag.org%2f&c=E,1,WyE7QcN69oyx2uBJ4piUrCB1XvY1AnQ-0JYBD8tWS6xY3eSzEXES0v2CRG8sejvyHAvXp3fyFyZVcLBoLskxEyYWuP4AQvlQg4Rs2kNUcUMBGi9YO7GabWEBBA,,&typo=1
From: Jeff Edwards <jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com>
Sent: Wednesday, May 10, 2023 2:57 PM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Judge Term
Hello all,
Since municipal judges have a two year term, is a contract required to be two years with them. Can the contract exceed one year?
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
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--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
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Yes, so both approaches are workable, but you must comply with Constitutional Debt limitation. So two common ways to comply with this Constitutional Debt limitation are:
- Appropriate the entire contract amount in one year and encumber the funds (example below is $200k contract with $100k to be spent each year = appropriate revenues and encumber the whole $200k) or
- Sign the two year contract with a funding out clause such as David suggested (example below is appropriate 100k and encumber that in year one, then in the 2nd year appropriate the 2nd $100k and encumber that in the second year.)
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
Cell: 405-830-8672
www.omag.orghttp://www.omag.org/
From: david davis ddavislaw@live.com
Sent: Wednesday, May 10, 2023 4:15 PM
To: Mark Ramsey MRamsey@soonerlaw.com; Jeff Edwards jeff@flynnedwardsoneal.com; Jeff Bryant jbryant@omag.org
Cc: OAMA Luistserv oama@lists.imla.org
Subject: Re: [Oama] Re: Judge Term
Article 10 Section 26 of constitution applies only to political subdivisons.
Article 10 - Revenue And Taxation
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKCN#PublicIndebtedness Public Indebtedness
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section Article 10 section 26 - Indebtedness of political subdivisions - Assent of voters - Limitation of amount - Annual tax
Cite as: O.S. §, __ __
§ 26. Indebtedness of political subdivisions - Assent of voters - Annual tax- Computation of amount of indebtedness.
(a) Except as herein otherwise provided, no county, city, town, township, school district, or other political corporation, or subdivision of the state, shall be allowed to become indebted, in any manner, or for any purpose, to an amount exceeding, in any year, the income and revenue provided for such year without the assent of three-fifths of the voters thereof, voting at an election, to be held for that purpose,
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s/ David A. Davis
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From: Mark Ramsey <MRamsey@soonerlaw.commailto:MRamsey@soonerlaw.com>
Sent: Wednesday, May 10, 2023 4:06 PM
To: Jeff Edwards <jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com>; Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org>
Cc: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Judge Term
Sorry, Jeff, I disagree. The Governor has a term of four years, but there is no requirement that his salary be funded in one year. The State appropriates funds annually. Now, if the municipality doesn’t fund the judge with an appropriation in the second year, that would be interesting and might create a vacancy, but there is no requirement to fund him or her in one year.
Good Luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Jeff Edwards <jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com>
Sent: Wednesday, May 10, 2023 3:47 PM
To: Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org>
Cc: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Judge Term
Thank you all!
On Wed, May 10, 2023 at 3:35 PM Jeff Bryant <jbryant@omag.orgmailto:jbryant@omag.org> wrote:
I think you can do that subject to annual appropriation of revenues to fund the second year.
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
Cell: 405-830-8672
www.omag.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.omag.org%2f&c=E,1,WyE7QcN69oyx2uBJ4piUrCB1XvY1AnQ-0JYBD8tWS6xY3eSzEXES0v2CRG8sejvyHAvXp3fyFyZVcLBoLskxEyYWuP4AQvlQg4Rs2kNUcUMBGi9YO7GabWEBBA,,&typo=1
From: Jeff Edwards <jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com>
Sent: Wednesday, May 10, 2023 2:57 PM
To: OAMA Luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Judge Term
Hello all,
Since municipal judges have a two year term, is a contract required to be two years with them. Can the contract exceed one year?
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.
--
Jeffrey L. Edwards | Attorney at Law
FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.
