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Oklahoma Association of Municipal Attorneys

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converting to new form of government

KW
Kay Wall
Thu, Apr 2, 2020 9:32 PM

City Attorneys and others:

One of my small cities voted to convert from an 8-member Council, elected
Mayor form of government, to a 5-member Council, hired City Manager form of
government.

That has been accomplished.  We have yet to convert some of our Ordinances
to conform to our new form of government.  There are not too many, but it
will be somewhat involved.

Anyone else encounter this instance, and how did you handle adapting the
language in your Ordinances?  (Some are as simple as replacing the word
"Mayor" with "Manager", but others are not so easy..any suggestions are
welcomed.

Thanks so much,

Kay Wall

City Attorneys and others: One of my small cities voted to convert from an 8-member Council, elected Mayor form of government, to a 5-member Council, hired City Manager form of government. That has been accomplished. We have yet to convert some of our Ordinances to conform to our new form of government. There are not too many, but it will be somewhat involved. Anyone else encounter this instance, and how did you handle adapting the language in your Ordinances? (Some are as simple as replacing the word "Mayor" with "Manager", but others are not so easy..any suggestions are welcomed. Thanks so much, Kay Wall
MR
Michael R. Vanderburg
Sat, Apr 4, 2020 3:55 AM

Unfortunately, I would need to see your code to be sure.  However – if you have a section of the code that contains most of your administration/personnel rules. Have you considered an ordinance explaining about the change in the form of government and simply defining the terms/directing the codifier to globally replace the word Mayor with the word City Manager wherever it appears in the listed sections of the 2020 Code of __________. Granted, this may not be practical for everyone.

Also, if the change was part of a charter amendment, the charter may prohibit this kind of ordinance amendment. I have seen several that require the full text of the repeal and the full text of the new matter be set out in the ordinance.

Mike Vanderburg

Sent from Mail for Windows 10

From: Kay Wall
Sent: Thursday, April 2, 2020 4:33 PM
To: OAMA@lists.imla.org
Subject: [Oama] converting to new form of government

City Attorneys and others:

One of my small cities voted to convert from an 8-member Council, elected Mayor form of government, to a 5-member Council, hired City Manager form of government.
That has been accomplished.  We have yet to convert some of our Ordinances to conform to our new form of government.  There are not too many, but it will be somewhat involved.

Anyone else encounter this instance, and how did you handle adapting the language in your Ordinances?  (Some are as simple as replacing the word “Mayor” with “Manager”, but others are not so easy….any suggestions are welcomed.

Thanks so much,

Kay Wall

Unfortunately, I would need to see your code to be sure. However – if you have a section of the code that contains most of your administration/personnel rules. Have you considered an ordinance explaining about the change in the form of government and simply defining the terms/directing the codifier to globally replace the word Mayor with the word City Manager wherever it appears in the listed sections of the 2020 Code of __________. Granted, this may not be practical for everyone. Also, if the change was part of a charter amendment, the charter may prohibit this kind of ordinance amendment. I have seen several that require the full text of the repeal and the full text of the new matter be set out in the ordinance. Mike Vanderburg Sent from Mail for Windows 10 From: Kay Wall Sent: Thursday, April 2, 2020 4:33 PM To: OAMA@lists.imla.org Subject: [Oama] converting to new form of government City Attorneys and others: One of my small cities voted to convert from an 8-member Council, elected Mayor form of government, to a 5-member Council, hired City Manager form of government. That has been accomplished.  We have yet to convert some of our Ordinances to conform to our new form of government.  There are not too many, but it will be somewhat involved. Anyone else encounter this instance, and how did you handle adapting the language in your Ordinances?  (Some are as simple as replacing the word “Mayor” with “Manager”, but others are not so easy….any suggestions are welcomed. Thanks so much, Kay Wall