I agree with Jeff.  We do this for our vacation leave and sick leave payouts I believe.  Our Personnel Policy says you get paid 100% of your vacation leave when you terminate employment, but it says it’s subject to annual appropriations….because if everyone quit suddenly on the same day, in theory, you might not have the funds in hand in that fiscal year to pay them all 100% of their VL, so the language, “subject to annual appropriations” saves you from doing something unconstitutional.  I think this works for the judge situation.  In a lot of contract situations it wouldn’t.  If OKC is contracting for the building of a new City Hall and it’s going to take 2 years to build, a contractor isn’t going to enter into the contract (if he’s smart) unless we encumber all the money upfront.

From: Jeff Bryant via Oama oama@lists.imla.org
Sent: Wednesday, May 10, 2023 4:27 PM
To: david davis ddavislaw@live.com; Mark Ramsey MRamsey@soonerlaw.com; Jeff Edwards jeff@flynnedwardsoneal.com
Cc: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: Judge Term

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:

1. 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
2. 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
[Image removed by sender.] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKCN#PublicIndebtedness Public Indebtedness
[Image removed by sender.] 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.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.

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.

If I remember right the municipality can encumber funds for the full contract amount at the onset if funds are available.

Get Outlook for iOShttps://aka.ms/o0ukef

From: Jeff Bryant via Oama oama@lists.imla.org
Sent: Wednesday, May 10, 2023 4:26:39 PM
To: david davis ddavislaw@live.com; Mark Ramsey MRamsey@soonerlaw.com; Jeff Edwards jeff@flynnedwardsoneal.com
Cc: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: Judge Term

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:

1. 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
2. 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,

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.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.

Yes, that’s really the safest route in my opinion.

Get Outlook for iOShttps://aka.ms/o0ukef

From: Mike Segler MSegler@yukonlaw.net
Sent: Wednesday, May 10, 2023 4:36:04 PM
To: Jeff Bryant jbryant@omag.org; david davis ddavislaw@live.com; Mark Ramsey MRamsey@soonerlaw.com; Jeff Edwards jeff@flynnedwardsoneal.com
Cc: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: Judge Term

If I remember right the municipality can encumber funds for the full contract amount at the onset if funds are available.

Get Outlook for iOShttps://aka.ms/o0ukef

From: Jeff Bryant via Oama oama@lists.imla.org
Sent: Wednesday, May 10, 2023 4:26:39 PM
To: david davis ddavislaw@live.com; Mark Ramsey MRamsey@soonerlaw.com; Jeff Edwards jeff@flynnedwardsoneal.com
Cc: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: Judge Term

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:

1. 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
2. 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,

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.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.

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Agree with what everyone else has said and would only add that compensation for an elected official is subject to a different Constitutional provision. Art. 23, S. 10 prohibits changes in compensation after election. Elected officials salary would be fixed at election and trying to $0 them out through non-appropriation would amount to changing their compensation mid-term. Granted it wouldn’t be a change in the law fixing their salary, but nonetheless…

Sent from Matt’s iPhone

On May 10, 2023, at 4:06 PM, Mark Ramsey <MRamsey@soonerlaw.com> wrote:

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div.WordSection1 { page: WordSection1; }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.com

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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.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

<image001.png>

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

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.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.

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