Town (11 O.S. § 12-101 et seq.) wants to hire a Town Manager/Administrator to handle the majority of the duties the Mayor is now handling (outside of policy decisions) such as the day to day operations of the Town, including employee relations, discipline, etc. and to act on behalf of the Town, subject to Board approval if required.

Section 12-106 provides that all powers of a statutory Board of Trustees Town, shall be vested in the board, including without limitation the appointment and removal of designated employees.

As long as the Town Manager/Administrator acts in furtherance of Board policy or direction, it appears to me that there is no prohibition against hiring a Town Manager/Administrator.

Any thoughts or direction will be appreciated.

Thanks,
Joe

Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.netmailto:agbass@basslaw.net

[cid:image001.png@01D84374.F20E7250]
www.basslaw.net
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

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I agree.  Many years ago before the City of Harrah adopted a Charter and became a Manager/Council form of government,  it was a town and hired a "Town Administrator"  to manage the day to day business of the town,  with the Board of Trustees making all the policy decisions,  including hiring and terminating employees.

From: Joe Weaver jweaver@basslaw.net
Sent: Tuesday, March 29, 2022 2:16 PM
To: oama@lists.imla.org
Subject: [Oama] Town Board of Trustees Form of Government

Town (11 O.S. § 12-101 et seq.) wants to hire a Town Manager/Administrator to handle the majority of the duties the Mayor is now handling (outside of policy decisions) such as the day to day operations of the Town, including employee relations, discipline, etc. and to act on behalf of the Town, subject to Board approval if required.

Section 12-106 provides that all powers of a statutory Board of Trustees Town, shall be vested in the board, including without limitation the appointment and removal of designated employees.

As long as the Town Manager/Administrator acts in furtherance of Board policy or direction, it appears to me that there is no prohibition against hiring a Town Manager/Administrator.

Any thoughts or direction will be appreciated.

Thanks,
Joe

Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.netmailto:agbass@basslaw.net

[cid:image001.png@01D84378.CAD876F0]
www.basslaw.net
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any 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.

I would not let the Town manager do any hiring, firing or discipline without the Boards approval.
Ray

From: Joe Weaver
Sent: Tuesday, March 29, 2022 2:15 PM
To: oama@lists.imla.org
Subject: [Oama] Town Board of Trustees Form of Government

Town (11 O.S. § 12-101 et seq.) wants to hire a Town Manager/Administrator to handle the majority of the duties the Mayor is now handling (outside of policy decisions) such as the day to day operations of the Town, including employee relations, discipline, etc. and to act on behalf of the Town, subject to Board approval if required.

Section 12-106 provides that all powers of a statutory Board of Trustees Town, shall be vested in the board, including without limitation the appointment and removal of designated employees.

As long as the Town Manager/Administrator acts in furtherance of Board policy or direction, it appears to me that there is no prohibition against hiring a Town Manager/Administrator.

Any thoughts or direction will be appreciated.

Thanks,

Joe

Joe Weaver

Attorney At Law

405.262.4040

405.262.4058 fax

joe@basslaw.net

www.basslaw.net

104 N. Rock Island Ave.

P.O. Box 157

El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any 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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I believe 12-106(1) and 12-106(6), when read together, give the town trustee
form of government the greatest flexibility about how they can operate, and
that if they want to operate like a city manager form of government (by
giving control of personnel to a town administrator) they can do so by
ordinance.  The language below is from a Mannford ordinance in which they
give power and duties to the Town Administrator that are identical to those
of a city manager.  We have done this for a number of years (because the
board wants to operate that way) and all are happy with the way it works.

POWERS AND DUTIES OF TOWN ADMINISTRATOR.

The town administrator shall be the chief administrative officer and head of
the administrative branch of the town government including all branches
except the legislative and judicial.  He shall execute the laws and
ordinances and administer the government of the town and shall be
responsible therefore, to the board of trustees.  He shall:

1.        Appoint, and when deemed necessary for the good of the
   

service, lay off, suspend, demote or remove any officer or employee of the
town, not an elected officer, except as he may authorize the head of a
department to appoint, lay off, suspend, demote and remove subordinates in
such department, office or agency, and except any who may be appointed
otherwise pursuant to law;

2.        Supervise and control, indirectly and directly all
   

administrative departments, agencies, officers and employees appointed as
hereinabove provided;

David L. Weatherford

Attorney At Law

1141 East 37th Street

Tulsa, OK  74105

(918) 743-8355

(918) 743-7478 (fax)

From: Joe Weaver jweaver@basslaw.net
Sent: Tuesday, March 29, 2022 2:16 PM
To: oama@lists.imla.org
Subject: [Oama] Town Board of Trustees Form of Government

Town (11 O.S. § 12-101 et seq.) wants to hire a Town Manager/Administrator
to handle the majority of the duties the Mayor is now handling (outside of
policy decisions) such as the day to day operations of the Town, including
employee relations, discipline, etc. and to act on behalf of the Town,
subject to Board approval if required.

Section 12-106 provides that all powers of a statutory Board of Trustees
Town, shall be vested in the board, including without limitation the
appointment and removal of designated employees.

As long as the Town Manager/Administrator acts in furtherance of Board
policy or direction, it appears to me that there is no prohibition against
hiring a Town Manager/Administrator.

Any thoughts or direction will be appreciated.

Thanks,

Joe

Joe Weaver

Attorney At Law

405.262.4040

405.262.4058 fax

mailto:agbass@basslaw.net joe@basslaw.net

www.basslaw.net

104 N. Rock Island Ave.

P.O. Box 157

El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the
attorney-client and/or the attorney work product privilege and is
confidential. It is intended only for the use of the individual or entity
identified above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination or distribution of
the accompanying communication is prohibited. No applicable privilege is
waived by the party sending this communication. If you have received this
communication in error, please notify us immediately by reply and delete the
original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by
the IRS, we inform you that any U.S. federal tax advice contained in this
communication (including any 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.

Good analysis David. You are my go to guy but I still am not confortable giving a Town Administrator the authority to hire, fire or discipline in a Town setting.
Ray

From: David Weatherford
Sent: Tuesday, March 29, 2022 3:26 PM
To: 'Joe Weaver' ; oama@lists.imla.org
Subject: [Oama] Re: Town Board of Trustees Form of Government

I believe 12-106(1) and 12-106(6), when read together, give the town trustee form of government the greatest flexibility about how they can operate, and that if they want to operate like a city manager form of government (by giving control of personnel to a town administrator) they can do so by ordinance.  The language below is from a Mannford ordinance in which they give power and duties to the Town Administrator that are identical to those of a city manager.  We have done this for a number of years (because the board wants to operate that way) and all are happy with the way it works.

POWERS AND DUTIES OF TOWN ADMINISTRATOR.

The town administrator shall be the chief administrative officer and head of the administrative branch of the town government including all branches except the legislative and judicial.  He shall execute the laws and ordinances and administer the government of the town and shall be responsible therefore, to the board of trustees.  He shall:

1.        Appoint, and when deemed necessary for the good of the service, lay off, suspend, demote or remove any officer or employee of the town, not an elected officer, except as he may authorize the head of a department to appoint, lay off, suspend, demote and remove subordinates in such department, office or agency, and except any who may be appointed otherwise pursuant to law;
   

2.        Supervise and control, indirectly and directly all administrative departments, agencies, officers and employees appointed as hereinabove provided;
   

David L. Weatherford

Attorney At Law

1141 East 37th Street

Tulsa, OK  74105

(918) 743-8355

(918) 743-7478 (fax)

From: Joe Weaver jweaver@basslaw.net
Sent: Tuesday, March 29, 2022 2:16 PM
To: oama@lists.imla.org
Subject: [Oama] Town Board of Trustees Form of Government

Town (11 O.S. § 12-101 et seq.) wants to hire a Town Manager/Administrator to handle the majority of the duties the Mayor is now handling (outside of policy decisions) such as the day to day operations of the Town, including employee relations, discipline, etc. and to act on behalf of the Town, subject to Board approval if required.

Section 12-106 provides that all powers of a statutory Board of Trustees Town, shall be vested in the board, including without limitation the appointment and removal of designated employees.

As long as the Town Manager/Administrator acts in furtherance of Board policy or direction, it appears to me that there is no prohibition against hiring a Town Manager/Administrator.

Any thoughts or direction will be appreciated.

Thanks,

Joe

Joe Weaver

Attorney At Law

405.262.4040

405.262.4058 fax

joe@basslaw.net

www.basslaw.net

104 N. Rock Island Ave.

P.O. Box 157

El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any 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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Thanks Ray – I think it is one of those “can” vs “should”  - they can, but
whether they should will depend on the makeup of the board, the department
heads of the town and whether they will accept it, and the personability and
competence of the town administrator.  In Mannford, it was very painful to
get to the point that it worked, and there were failures and disagreements
along the way – since 2007, it has operated with basically no issue with all
accepting the idea that they operate as a city manager city.

David L. Weatherford

Attorney At Law

1141 East 37th Street

Tulsa, OK  74105

(918) 743-8355

(918) 743-7478 (fax)

From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Tuesday, March 29, 2022 3:45 PM
To: David Weatherford davidweatherford@sbcglobal.net; 'Joe Weaver'
jweaver@basslaw.net; oama@lists.imla.org
Subject: [Oama] Re: Town Board of Trustees Form of Government

Good analysis David. You are my go to guy but I still am not confortable
giving a Town Administrator the authority to hire, fire or discipline in a
Town setting.

Ray

From: David Weatherford

Sent: Tuesday, March 29, 2022 3:26 PM

To: 'Joe Weaver' ; oama@lists.imla.org mailto:oama@lists.imla.org

Subject: [Oama] Re: Town Board of Trustees Form of Government

I believe 12-106(1) and 12-106(6), when read together, give the town trustee
form of government the greatest flexibility about how they can operate, and
that if they want to operate like a city manager form of government (by
giving control of personnel to a town administrator) they can do so by
ordinance.  The language below is from a Mannford ordinance in which they
give power and duties to the Town Administrator that are identical to those
of a city manager.  We have done this for a number of years (because the
board wants to operate that way) and all are happy with the way it works.

POWERS AND DUTIES OF TOWN ADMINISTRATOR.

The town administrator shall be the chief administrative officer and head of
the administrative branch of the town government including all branches
except the legislative and judicial.  He shall execute the laws and
ordinances and administer the government of the town and shall be
responsible therefore, to the board of trustees.  He shall:

1.        Appoint, and when deemed necessary for the good of the
   

service, lay off, suspend, demote or remove any officer or employee of the
town, not an elected officer, except as he may authorize the head of a
department to appoint, lay off, suspend, demote and remove subordinates in
such department, office or agency, and except any who may be appointed
otherwise pursuant to law;

2.        Supervise and control, indirectly and directly all
   

administrative departments, agencies, officers and employees appointed as
hereinabove provided;

David L. Weatherford

Attorney At Law

1141 East 37th Street

Tulsa, OK  74105

(918) 743-8355

(918) 743-7478 (fax)

From: Joe Weaver <jweaver@basslaw.net mailto:jweaver@basslaw.net >
Sent: Tuesday, March 29, 2022 2:16 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] Town Board of Trustees Form of Government

Town (11 O.S. § 12-101 et seq.) wants to hire a Town Manager/Administrator
to handle the majority of the duties the Mayor is now handling (outside of
policy decisions) such as the day to day operations of the Town, including
employee relations, discipline, etc. and to act on behalf of the Town,
subject to Board approval if required.

Section 12-106 provides that all powers of a statutory Board of Trustees
Town, shall be vested in the board, including without limitation the
appointment and removal of designated employees.

As long as the Town Manager/Administrator acts in furtherance of Board
policy or direction, it appears to me that there is no prohibition against
hiring a Town Manager/Administrator.

Any thoughts or direction will be appreciated.

Thanks,

Joe

Joe Weaver

Attorney At Law

405.262.4040

405.262.4058 fax

joe@basslaw.net mailto:joe@basslaw.net

<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwlmailhtml%3awww.bassla
w.net&c=E,1,vG0lO7gJNxcYN3cAWIFqs-znxPcZOKgdfe59LvZnxoJITV_ngO3HFtGc1iKZV5BE
wf4q7UhLLtr08Y0nnAwXcfvkRWtYAyyn7mnRhnRD&typo=1> www.basslaw.net

104 N. Rock Island Ave.

P.O. Box 157

El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the
attorney-client and/or the attorney work product privilege and is
confidential. It is intended only for the use of the individual or entity
identified above. If the reader of this message is not the intended
recipient you are hereby notified that any dissemination or distribution of
the accompanying communication is prohibited. No applicable privilege is
waived by the party sending this communication. If you have received this
communication in error, please notify us immediately by reply and delete the
original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by
the IRS, we inform you that any U.S federal tax advice contained in this
communication (including any 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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I have a Town that utilizes a Town Administrator and he has the authority to suspend for up to 3 days (without pay I believe) in order to call a special meeting to have the Board act on his recommendations.  Just a thought.

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: David Weatherford davidweatherford@sbcglobal.net
Sent: Tuesday, March 29, 2022 3:26:43 PM
To: 'Joe Weaver'; oama@lists.imla.org
Subject: [Oama] Re: Town Board of Trustees Form of Government

I believe 12-106(1) and 12-106(6), when read together, give the town trustee form of government the greatest flexibility about how they can operate, and that if they want to operate like a city manager form of government (by giving control of personnel to a town administrator) they can do so by ordinance.  The language below is from a Mannford ordinance in which they give power and duties to the Town Administrator that are identical to those of a city manager.  We have done this for a number of years (because the board wants to operate that way) and all are happy with the way it works.

POWERS AND DUTIES OF TOWN ADMINISTRATOR.
The town administrator shall be the chief administrative officer and head of the administrative branch of the town government including all branches except the legislative and judicial.  He shall execute the laws and ordinances and administer the government of the town and shall be responsible therefore, to the board of trustees.  He shall:

1.        Appoint, and when deemed necessary for the good of the service, lay off, suspend, demote or remove any officer or employee of the town, not an elected officer, except as he may authorize the head of a department to appoint, lay off, suspend, demote and remove subordinates in such department, office or agency, and except any who may be appointed otherwise pursuant to law;
   

2.        Supervise and control, indirectly and directly all administrative departments, agencies, officers and employees appointed as hereinabove provided;
   

David L. Weatherford
Attorney At Law
1141 East 37th Street
Tulsa, OK  74105
(918) 743-8355
(918) 743-7478 (fax)

From: Joe Weaver jweaver@basslaw.net
Sent: Tuesday, March 29, 2022 2:16 PM
To: oama@lists.imla.org
Subject: [Oama] Town Board of Trustees Form of Government

Town (11 O.S. § 12-101 et seq.) wants to hire a Town Manager/Administrator to handle the majority of the duties the Mayor is now handling (outside of policy decisions) such as the day to day operations of the Town, including employee relations, discipline, etc. and to act on behalf of the Town, subject to Board approval if required.

Section 12-106 provides that all powers of a statutory Board of Trustees Town, shall be vested in the board, including without limitation the appointment and removal of designated employees.

As long as the Town Manager/Administrator acts in furtherance of Board policy or direction, it appears to me that there is no prohibition against hiring a Town Manager/Administrator.

Any thoughts or direction will be appreciated.

Thanks,
Joe

Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.netmailto:agbass@basslaw.net

[cid:image001.png@01D8437C.1DA09AE0]
www.basslaw.net
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any 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.