Empathy List Archives

KU

Ken Underwood

Wed, Aug 17, 2022 2:16 PM

Good morning everyone

We are having a sales tax election and I seem to recall that campaigning for or against the issue by the City is not permitted but neutral, objective, information can be provided on websites and social media and at gatherings.

Doe anyone have a reference to the rules or laws on that issue or maybe a white paper from a seminar or journal?

Thanks for your help.

Ken Ray Underwood
Attorney at Law
The Beacon Building
406 S. Boulder Ave., Suite 640
Tulsa, OK 74103
Phone: 918-582-7447
Fax: 918-582-0166
Ken@ulawok.com mailto:Ken@ulawok.com
www.ulawok.com http://www.ulawok.com/
CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com mailto:kenunderwood@tulsacoxmail.com, and delete this message and all copies and backups thereof. Thank you.

Good morning everyone We are having a sales tax election and I seem to recall that campaigning for or against the issue by the City is not permitted but neutral, objective, information can be provided on websites and social media and at gatherings. Doe anyone have a reference to the rules or laws on that issue or maybe a white paper from a seminar or journal? Thanks for your help. Ken Ray Underwood Attorney at Law The Beacon Building 406 S. Boulder Ave., Suite 640 Tulsa, OK 74103 Phone: 918-582-7447 Fax: 918-582-0166 Ken@ulawok.com<mailto:Ken@ulawok.com> www.ulawok.com<http://www.ulawok.com/> CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com<mailto:kenunderwood@tulsacoxmail.com>, and delete this message and all copies and backups thereof. Thank you.

BP

Boulden, Patrick

Wed, Aug 17, 2022 2:31 PM

Ken,

Look at Title 26, Section 16-119:

§26-16-119. Expenditure of public funds.
Any official in this state who shall direct or authorize the expenditure of any public funds under his care, except as specifically authorized by law, to be used either in support of, or in opposition to, any measure which is being referred to a vote of the people by means of the initiative or referendum, or which citizens of this state are attempting to have referred to a vote of the people by the initiative or referendum, shall be deemed guilty of a misdemeanor, and the office held by such party shall be adjudged vacant and shall be filled in the manner prescribed by law.

Quinn v. City of Tulsa, 777 P.2d 1331, 1989 OK 112 is also informative.

Hope this helps.

Patrick

Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.org mailto:patrickboulden@tulsacouncil.org

From: Ken Underwood ken@ulawok.com
Sent: Wednesday, August 17, 2022 9:17 AM
To: OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Campaign restrictions on sales tax election

Good morning everyone

We are having a sales tax election and I seem to recall that campaigning for or against the issue by the City is not permitted but neutral, objective, information can be provided on websites and social media and at gatherings.

Doe anyone have a reference to the rules or laws on that issue or maybe a white paper from a seminar or journal?

Thanks for your help.

Ken Ray Underwood
Attorney at Law
The Beacon Building
406 S. Boulder Ave., Suite 640
Tulsa, OK 74103
Phone: 918-582-7447
Fax: 918-582-0166
Ken@ulawok.com mailto:Ken@ulawok.com
www.ulawok.com https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.ulawok.com%2F&data=05%7C01%7Cpatrickboulden%40tulsacouncil.org%7C3329bc2d5f3f4522deb708da805b2c80%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C637963426785831636%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000%7C%7C%7C&sdata=cWCL0WKXL4%2BBPjhSaljps2xz6slypYlk4OsxdwOqLW4%3D&reserved=0
CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com mailto:kenunderwood@tulsacoxmail.com, and delete this message and all copies and backups thereof. Thank you.

CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.

Ken, Look at Title 26, Section 16-119: §26-16-119. Expenditure of public funds. Any official in this state who shall direct or authorize the expenditure of any public funds under his care, except as specifically authorized by law, to be used either in support of, or in opposition to, any measure which is being referred to a vote of the people by means of the initiative or referendum, or which citizens of this state are attempting to have referred to a vote of the people by the initiative or referendum, shall be deemed guilty of a misdemeanor, and the office held by such party shall be adjudged vacant and shall be filled in the manner prescribed by law. Quinn v. City of Tulsa, 777 P.2d 1331, 1989 OK 112 is also informative. Hope this helps. Patrick Patrick Boulden | Council Administrator Office of the Tulsa City Council 175 East Second Street, Suite 475 Tulsa, OK 74103-3208 T: 918-596-1967 C: 918-284-1417 E: patrickboulden@tulsacouncil.org<mailto:patrickboulden@tulsacouncil.org> From: Ken Underwood <ken@ulawok.com> Sent: Wednesday, August 17, 2022 9:17 AM To: OAMA luistserv (OAMA@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] Campaign restrictions on sales tax election Good morning everyone We are having a sales tax election and I seem to recall that campaigning for or against the issue by the City is not permitted but neutral, objective, information can be provided on websites and social media and at gatherings. Doe anyone have a reference to the rules or laws on that issue or maybe a white paper from a seminar or journal? Thanks for your help. Ken Ray Underwood Attorney at Law The Beacon Building 406 S. Boulder Ave., Suite 640 Tulsa, OK 74103 Phone: 918-582-7447 Fax: 918-582-0166 Ken@ulawok.com<mailto:Ken@ulawok.com> www.ulawok.com<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.ulawok.com%2F&data=05%7C01%7Cpatrickboulden%40tulsacouncil.org%7C3329bc2d5f3f4522deb708da805b2c80%7C79d58ae020484d8c9c598b1b7dfb4204%7C0%7C0%7C637963426785831636%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000%7C%7C%7C&sdata=cWCL0WKXL4%2BBPjhSaljps2xz6slypYlk4OsxdwOqLW4%3D&reserved=0> CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com<mailto:kenunderwood@tulsacoxmail.com>, and delete this message and all copies and backups thereof. Thank you. CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.

JB

Jeff Bryant

Wed, Aug 17, 2022 3:20 PM

Ken,
Even though the authority cited by Patrick is focused on the restriction being limited to those elections that are "being referred to a vote of the people by means of the initiative or referendum", in Norman, we always counseled that even in elections called by Council or governing body it is the better practice to use taxpayer funding only for materials that are informational, objective, and neutral. If there were advocacy groups that wanted to actively support a proposition, we usually encouraged the raising of private funds for that type of effort.

Hope this helps.

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
Cell: 405-830-8672
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: Boulden, Patrick patrickboulden@tulsacouncil.org
Sent: Wednesday, August 17, 2022 9:31 AM
To: 'Ken Underwood' ken@ulawok.com; OAMA luistserv (OAMA@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Re: Campaign restrictions on sales tax election

Ken,

Look at Title 26, Section 16-119:

§26-16-119. Expenditure of public funds.
Any official in this state who shall direct or authorize the expenditure of any public funds under his care, except as specifically authorized by law, to be used either in support of, or in opposition to, any measure which is being referred to a vote of the people by means of the initiative or referendum, or which citizens of this state are attempting to have referred to a vote of the people by the initiative or referendum, shall be deemed guilty of a misdemeanor, and the office held by such party shall be adjudged vacant and shall be filled in the manner prescribed by law.

Quinn v. City of Tulsa, 777 P.2d 1331, 1989 OK 112 is also informative.

Hope this helps.

Patrick

Patrick Boulden | Council Administrator
Office of the Tulsa City Council
175 East Second Street, Suite 475
Tulsa, OK 74103-3208
T: 918-596-1967
C: 918-284-1417
E: patrickboulden@tulsacouncil.org mailto:patrickboulden@tulsacouncil.org

From: Ken Underwood <ken@ulawok.com mailto:ken@ulawok.com>
Sent: Wednesday, August 17, 2022 9:17 AM
To: OAMA luistserv (OAMA@lists.imla.org mailto:OAMA@lists.imla.org) <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [Oama] Campaign restrictions on sales tax election

Good morning everyone

We are having a sales tax election and I seem to recall that campaigning for or against the issue by the City is not permitted but neutral, objective, information can be provided on websites and social media and at gatherings.

Doe anyone have a reference to the rules or laws on that issue or maybe a white paper from a seminar or journal?

Thanks for your help.

Ken Ray Underwood
Attorney at Law
The Beacon Building
406 S. Boulder Ave., Suite 640
Tulsa, OK 74103
Phone: 918-582-7447
Fax: 918-582-0166
Ken@ulawok.com mailto:Ken@ulawok.com
www.ulawok.com https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.ulawok.com%2F&data=05%7C01%7Cjbryant%40omag.org%7Cce494586b5b54adddc1008da805db830%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637963437272553387%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=MBNNgIHNF%2BGD1odkTQtx2rVCGbTTIDVEnv8y%2FRmmwB4%3D&reserved=0
CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com mailto:kenunderwood@tulsacoxmail.com, and delete this message and all copies and backups thereof. Thank you.

CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.

Ken, Even though the authority cited by Patrick is focused on the restriction being limited to those elections that are "being referred to a vote of the people by means of the initiative or referendum", in Norman, we always counseled that even in elections called by Council or governing body it is the better practice to use taxpayer funding only for materials that are informational, objective, and neutral. If there were advocacy groups that wanted to actively support a proposition, we usually encouraged the raising of private funds for that type of effort. Hope this helps. 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 Cell: 405-830-8672 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: Boulden, Patrick <patrickboulden@tulsacouncil.org> Sent: Wednesday, August 17, 2022 9:31 AM To: 'Ken Underwood' <ken@ulawok.com>; OAMA luistserv (OAMA@lists.imla.org) <oama@lists.imla.org> Subject: [Oama] Re: Campaign restrictions on sales tax election Ken, Look at Title 26, Section 16-119: §26-16-119. Expenditure of public funds. Any official in this state who shall direct or authorize the expenditure of any public funds under his care, except as specifically authorized by law, to be used either in support of, or in opposition to, any measure which is being referred to a vote of the people by means of the initiative or referendum, or which citizens of this state are attempting to have referred to a vote of the people by the initiative or referendum, shall be deemed guilty of a misdemeanor, and the office held by such party shall be adjudged vacant and shall be filled in the manner prescribed by law. Quinn v. City of Tulsa, 777 P.2d 1331, 1989 OK 112 is also informative. Hope this helps. Patrick Patrick Boulden | Council Administrator Office of the Tulsa City Council 175 East Second Street, Suite 475 Tulsa, OK 74103-3208 T: 918-596-1967 C: 918-284-1417 E: patrickboulden@tulsacouncil.org<mailto:patrickboulden@tulsacouncil.org> From: Ken Underwood <ken@ulawok.com<mailto:ken@ulawok.com>> Sent: Wednesday, August 17, 2022 9:17 AM To: OAMA luistserv (OAMA@lists.imla.org<mailto:OAMA@lists.imla.org>) <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] Campaign restrictions on sales tax election Good morning everyone We are having a sales tax election and I seem to recall that campaigning for or against the issue by the City is not permitted but neutral, objective, information can be provided on websites and social media and at gatherings. Doe anyone have a reference to the rules or laws on that issue or maybe a white paper from a seminar or journal? Thanks for your help. Ken Ray Underwood Attorney at Law The Beacon Building 406 S. Boulder Ave., Suite 640 Tulsa, OK 74103 Phone: 918-582-7447 Fax: 918-582-0166 Ken@ulawok.com<mailto:Ken@ulawok.com> www.ulawok.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.ulawok.com%2F&data=05%7C01%7Cjbryant%40omag.org%7Cce494586b5b54adddc1008da805db830%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637963437272553387%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=MBNNgIHNF%2BGD1odkTQtx2rVCGbTTIDVEnv8y%2FRmmwB4%3D&reserved=0> CONFIDENTIALITY NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the use of the intended recipient. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (918) 582-7447, or by electronic mail to ken@ulawok.com<mailto:kenunderwood@tulsacoxmail.com>, and delete this message and all copies and backups thereof. Thank you. CAUTION: This email originated from outside of the organization. Do not reply, forward, click links, or open attachments unless you recognize the sender and know the content is safe. Please report using the Phish Alert button in the Outlook Desktop Client if this message contains potentially unsafe content.