spending limit for department heads
Attorneys:
I have reviewed 11 O.S. section 10-116, Purchases and Sales by City Manager. One of my towns wants me to prepare an Ordinance giving authority to DEPARTMENT HEADS to spend, not exceeding $1,000 per day, without Council approval. Is there a different statute that governs this (for Department Heads) that I am missing?This may just be Step One of my question, but if there is another statute I need, please advise.
Thanking you in advance,
Kay Wall
I'd argue that such an ordinance would constitute an invasion by the
Council into the Manager's day to day activities. Under 10-106, they do
have authority related to fiscal affairs, but we aren't talking about
making appropriations or setting the spending limit of the executive staff
through the manager via 10-116. Such an ordinance would arguably authorize
Department Heads to make purchases without pre-approval of the Manager. To
the extent it did that, I would argue it would constitute an invasion by
the legislative branch into the operations of the executive branch.
Consider the provisions of 10-116(C). There, the spending authority of the
manager can arguably be transferred to "an employee appointed by and
subordinate to the city manager." Setting aside whether that would
constitute a separation of powers issue, as worded the provision indicates
that the power can be transferred to "an employee" rather than multiple
Department Heads. I don't think that provision has ever been interpreted.
But I would argue that, if a Council can lawfully make such a transfer, the
statute only authorizes the transfer to an employee.
On Mon, Nov 22, 2021 at 2:37 PM Kay Robbins Wall lkrw@sbcglobal.net wrote:
Attorneys:
I have reviewed 11 O.S. section 10-116, Purchases and Sales by City
Manager. One of my towns wants me to prepare an Ordinance giving authority
to DEPARTMENT HEADS to spend, not exceeding $1,000 per day, without
Council approval. Is there a different statute that governs this (for
Department Heads) that I am missing?
This may just be Step One of my question, but if there is another statute
I need, please advise.
Thanking you in advance,
Kay Wall
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The statute you reference only applies to statutory council city manager form of government. I believe what you propose is possible however you would need an ordinance authorizing the purchases and the ordinance should include requirements for internal control. I would check with auditor for recommendations of how to write internal control rules.
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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: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Monday, November 22, 2021 2:37 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] spending limit for department heads
Attorneys:
I have reviewed 11 O.S. section 10-116, Purchases and Sales by City Manager. One of my towns wants me to prepare an Ordinance giving authority to DEPARTMENT HEADS to spend, not exceeding $1,000 per day, without Council approval. Is there a different statute that governs this (for Department Heads) that I am missing?
This may just be Step One of my question, but if there is another statute I need, please advise.
Thanking you in advance,
Kay Wall
See statute below for guidance
klahoma Statutes Citationized
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXVII-MunicipalFinances Article Article XVII - Municipal Finances
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 17-114 - Creation of Uniform Jackets
Cite as: O.S. §, __ __
To facilitate the payment of vendor invoices and contract estimates the municipal finance officer may design a uniform jacket to be used by all departments and divisions of the municipality whereon shall be provided summarized information relative to the enclosed invoices or contract estimates, together with a space for the approval of the head of the department or division approving said vendor invoices or contract estimates for payment. Vendor invoices and contract estimates may be accepted by the municipality in lieu of the claim form previously required in the same manner as commercial invoices are paid. If utilized, vendor invoices and contract estimates shall be filed with the department or division receiving the merchandise or services in the same manner as invoices are filed with commercial firms. Upon receipt of invoices or contract estimates the head of the department or division or his authorized agent, may approve said documents for payment by executing a certificate of delivery or acceptance of the goods or services. Whereupon, the authorized official of said agency may approve said invoices or contract estimates for payment by enclosing the invoice or contract estimate in a jacket provided for such purpose and affixing his or her approval in the space provided on the jacket.
Historical Data
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: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Monday, November 22, 2021 2:37 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] spending limit for department heads
Attorneys:
I have reviewed 11 O.S. section 10-116, Purchases and Sales by City Manager. One of my towns wants me to prepare an Ordinance giving authority to DEPARTMENT HEADS to spend, not exceeding $1,000 per day, without Council approval. Is there a different statute that governs this (for Department Heads) that I am missing?
This may just be Step One of my question, but if there is another statute I need, please advise.
Thanking you in advance,
Kay Wall