Mayor Duties
Group:
Any problems with giving a mayor in a statutory town government a list of "duties" to be performed and increase that positions pay for execution of those duties?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttp://www.lvickerslaw.com/
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I found this in an old email Matt sent and it answers some of your question.
In the Town form of government, the citizens elect the Board members then the Board elects a Mayor from their membership. 11 O.S. 12-104. The Mayor is a ceremonial position but can have additional duties assigned by ordinance. But the compensation for the elected positions (i.e. as a Trustee) is to be set by ordinance and should be the same for all Trustees and not changed mid-term. 11 O.S. 12-113. The Mayor or other governing body members can hold other positions with the Town as the Board may ordain, but "A member of the governing body shall not receive compensation for service in any municipal office or position other than his elected office." 11 O.S. 8-106.
If he is a Trustee, then Art. 23, Sec. 10 of the Constitution would prohibit the change in the salary or emolument of any public official. See 2007 OK AG 14 (opining that a elected treasurer who works for the trust could have their trust pay changed, but a elected official who serves as a trustee cannot have his trust compensation changed because the Trustee position is a public office subject to 23(10)).
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From: Oama oama-bounces@lists.imla.org On Behalf Of Larry Vickers
Sent: Thursday, January 21, 2021 12:11 PM
To: oama@lists.imla.org
Subject: [Oama] Mayor Duties
Group:
Any problems with giving a mayor in a statutory town government a list of "duties" to be performed and increase that positions pay for execution of those duties?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7Cspaulson%40omag.org%7C9eddee217d0847362f6908d8be38076f%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637468495152902660%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=GBKghuJTyan3iAOdc36rqNF3Ko1aVDdzVgWGaNe3vIM%3D&reserved=0
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
I believe this would be okay if the duties are established by ordinance, the
extra pay is established by ordinance, and the ordinance is effective before
the mayor is elected or appointed. 11 O.S. § 12-113; Oklahoma Constitution
Art. 23, § 10.
Kim Spady
From: Oama oama-bounces@lists.imla.org On Behalf Of Larry Vickers
Sent: Thursday, January 21, 2021 12:11 PM
To: oama@lists.imla.org
Subject: [Oama] Mayor Duties
Group:
Any problems with giving a mayor in a statutory town government a list of
"duties" to be performed and increase that positions pay for execution of
those duties?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.com http://www.lvickerslaw.com/
E-mails from this firm normally contain confidential and privileged
material, and are for the sole use of the intended recipient. Use or
distribution by an unintended recipient is prohibited, and may be a
violation of law. If you believe that you received this e-mail in error,
please do not read this e-mail or any attached items. Please delete the
e-mail and all attachments, including any copies thereof, and inform the
sender that you have deleted the e-mail, all attachments and any copies
thereof. Thank you.
Suzie copied from an email I previously wrote, and I want to expound on why
I don't think the Mayor could receive extra compensation beyond that paid
to all Trustees. The issue is that the Board, not the citizens, elect the
Mayor. 12 O.S. §12-104. The Mayor was elected simply as a Trustee. So per
§8-106 no Trustee can be paid above what the ordinance provides for the
compensation of Trustees simply because they are Mayor. Their compensation
vests upon being elected to the Board, and can't be increased when they are
later voted to be Mayor by the Board.
On Thu, Jan 21, 2021 at 12:36 PM Kimberlee Spady Kim@spadylaw.com wrote:
I believe this would be okay if the duties are established by ordinance,
the extra pay is established by ordinance, and the ordinance is effective
before the mayor is elected or appointed. 11 O.S. § 12-113; Oklahoma
Constitution Art. 23, § 10.
Kim Spady
From: Oama oama-bounces@lists.imla.org *On Behalf Of *Larry Vickers
Sent: Thursday, January 21, 2021 12:11 PM
To: oama@lists.imla.org
Subject: [Oama] Mayor Duties
Group:
Any problems with giving a mayor in a statutory town government a list of
"duties" to be performed and increase that positions pay for execution of
those duties?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
*Muskogee, Oklahoma 74401 *
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.com http://www.lvickerslaw.com/
E-mails from this firm normally contain confidential and privileged
material, and are for the sole use of the intended recipient. Use or
distribution by an unintended recipient is prohibited, and may be a
violation of law. If you believe that you received this e-mail in error,
please do not read this e-mail or any attached items. Please delete the
e-mail and all attachments, including any copies thereof, and inform the
sender that you have deleted the e-mail, all attachments and any copies
thereof. Thank you.
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But, "When an incumbent is re-elected, he may receive any increase enacted prior to his re-election." So I guess my real question is, is it advisable to set the Mayor's salary separate from the other trustees, if the Mayor has ordinance enacted duties?? Or is that advisable??
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttp://www.lvickerslaw.com/
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
From: Oama oama-bounces@lists.imla.org on behalf of Matt Love matt.love@gmail.com
Sent: Thursday, January 21, 2021 1:15:29 PM
To: Kimberlee Spady
Cc: OAMA luistserv (OAMA@lists.imla.org)
Subject: Re: [Oama] Mayor Duties
Suzie copied from an email I previously wrote, and I want to expound on why I don't think the Mayor could receive extra compensation beyond that paid to all Trustees. The issue is that the Board, not the citizens, elect the Mayor. 12 O.S. §12-104. The Mayor was elected simply as a Trustee. So per §8-106 no Trustee can be paid above what the ordinance provides for the compensation of Trustees simply because they are Mayor. Their compensation vests upon being elected to the Board, and can't be increased when they are later voted to be Mayor by the Board.
On Thu, Jan 21, 2021 at 12:36 PM Kimberlee Spady <Kim@spadylaw.commailto:Kim@spadylaw.com> wrote:
I believe this would be okay if the duties are established by ordinance, the extra pay is established by ordinance, and the ordinance is effective before the mayor is elected or appointed. 11 O.S. § 12-113; Oklahoma Constitution Art. 23, § 10.
Kim Spady
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Larry Vickers
Sent: Thursday, January 21, 2021 12:11 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Mayor Duties
Group:
Any problems with giving a mayor in a statutory town government a list of "duties" to be performed and increase that positions pay for execution of those duties?
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttp://www.lvickerslaw.com/
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
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