Governing Body Approval
Question for All:
Once the governing body has approved an agenda item and authorized the Mayor to sign the document must the Mayor sign the document even if he has a good faith belief or concern the document is infirm for legality or possible consequence?
Once properly approved by the governing body, the mayor's execution of the document on behalf of the city is ministerial and could be compelled by mandamus.
Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. 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 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.
From: Oama oama-bounces@lists.imla.org On Behalf Of Michael Beason
Sent: Thursday, January 7, 2021 7:51 AM
To: oama@lists.imla.org
Subject: [Oama] Governing Body Approval
Question for All:
Once the governing body has approved an agenda item and authorized the Mayor to sign the document must the Mayor sign the document even if he has a good faith belief or concern the document is infirm for legality or possible consequence?
Does that also mean that since the mayor's signature is ministerial,
mandamus wouldn't actually be necessary for this hypothetical document to
take full force and effect?
On Thu, Jan 7, 2021, 8:31 AM Jon Miller jonmiller@jem-pc.com wrote:
Once properly approved by the governing body, the mayor’s execution of the
document on behalf of the city is ministerial and could be compelled by
mandamus.
Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155
This message is sent by a lawyer and may contain information that is
privileged or confidential. If you received this transmission in error,
please notify the sender by reply e-mail and delete this message and any
attachments. This e-mail is intended for the addressee(s) only, and may
not be distributed to any other person without written consent of the
sender. 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 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.
From: Oama oama-bounces@lists.imla.org *On Behalf Of *Michael Beason
Sent: Thursday, January 7, 2021 7:51 AM
To: oama@lists.imla.org
Subject: [Oama] Governing Body Approval
Question for All:
Once the governing body has approved an agenda item and authorized the
Mayor to sign the document must the Mayor sign the document even if he has
a good faith belief or concern the document is infirm for legality or
possible consequence?
Oama mailing list
Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
I have not considered that, but believe that the contract must still be signed. Just because an act may be considered ministerial does not mean that its performance is excused or otherwise need not occur.
From: Phillip Morton mortonlawoffice@gmail.com
Sent: Thursday, January 7, 2021 12:03 PM
To: Jon Miller jonmiller@jem-pc.com
Cc: Michael Beason mbeason@altusok.gov; oama@lists.imla.org
Subject: Re: [Oama] Governing Body Approval
Does that also mean that since the mayor's signature is ministerial, mandamus wouldn't actually be necessary for this hypothetical document to take full force and effect?
On Thu, Jan 7, 2021, 8:31 AM Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com> wrote:
Once properly approved by the governing body, the mayor’s execution of the document on behalf of the city is ministerial and could be compelled by mandamus.
Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. 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 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.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Thursday, January 7, 2021 7:51 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Governing Body Approval
Question for All:
Once the governing body has approved an agenda item and authorized the Mayor to sign the document must the Mayor sign the document even if he has a good faith belief or concern the document is infirm for legality or possible consequence?
Oama mailing list
Oama@lists.imla.orgmailto:Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
In a mandamus action against the City regarding approval of a final plat, the court ultimately directed council to approve the plat. In your case, a court would likely direct the mayor to sign the document.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Thursday, January 07, 2021 12:44 PM
To: Phillip Morton mortonlawoffice@gmail.com
Cc: oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] Governing Body Approval
I have not considered that, but believe that the contract must still be signed. Just because an act may be considered ministerial does not mean that its performance is excused or otherwise need not occur.
From: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Sent: Thursday, January 7, 2021 12:03 PM
To: Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com>
Cc: Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Governing Body Approval
Does that also mean that since the mayor's signature is ministerial, mandamus wouldn't actually be necessary for this hypothetical document to take full force and effect?
On Thu, Jan 7, 2021, 8:31 AM Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com> wrote:
Once properly approved by the governing body, the mayor’s execution of the document on behalf of the city is ministerial and could be compelled by mandamus.
Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. 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 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.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Thursday, January 7, 2021 7:51 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Governing Body Approval
Question for All:
Once the governing body has approved an agenda item and authorized the Mayor to sign the document must the Mayor sign the document even if he has a good faith belief or concern the document is infirm for legality or possible consequence?
Oama mailing list
Oama@lists.imla.orgmailto:Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
I disagree if in fact the Mayor is correct that the item approved violates the law and should not have been approved.
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com
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From: Oama oama-bounces@lists.imla.org On Behalf Of Rick Knighton
Sent: Thursday, January 07, 2021 1:22 PM
To: 'Jon Miller' jonmiller@jem-pc.com; Phillip Morton mortonlawoffice@gmail.com
Cc: oama@lists.imla.org
Subject: Re: [Oama] Governing Body Approval
In a mandamus action against the City regarding approval of a final plat, the court ultimately directed council to approve the plat. In your case, a court would likely direct the mayor to sign the document.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Jon Miller
Sent: Thursday, January 07, 2021 12:44 PM
To: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] Governing Body Approval
I have not considered that, but believe that the contract must still be signed. Just because an act may be considered ministerial does not mean that its performance is excused or otherwise need not occur.
From: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Sent: Thursday, January 7, 2021 12:03 PM
To: Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com>
Cc: Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Governing Body Approval
Does that also mean that since the mayor's signature is ministerial, mandamus wouldn't actually be necessary for this hypothetical document to take full force and effect?
On Thu, Jan 7, 2021, 8:31 AM Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com> wrote:
Once properly approved by the governing body, the mayor’s execution of the document on behalf of the city is ministerial and could be compelled by mandamus.
Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. 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 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.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Thursday, January 7, 2021 7:51 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Governing Body Approval
Question for All:
Once the governing body has approved an agenda item and authorized the Mayor to sign the document must the Mayor sign the document even if he has a good faith belief or concern the document is infirm for legality or possible consequence?
Oama mailing list
Oama@lists.imla.orgmailto:Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
For clarification, my statement assumes that the court determines that the item does not violate the law.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Robert Thompson rthompson@cheekfalcone.com
Sent: Thursday, January 07, 2021 1:24 PM
To: Rick Knighton Rick.Knighton@NormanOK.gov; 'Jon Miller' jonmiller@jem-pc.com; Phillip Morton mortonlawoffice@gmail.com
Cc: oama@lists.imla.org
Subject: EXTERNAL EMAIL : RE: [Oama] Governing Body Approval
I disagree if in fact the Mayor is correct that the item approved violates the law and should not have been approved.
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com
CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Rick Knighton
Sent: Thursday, January 07, 2021 1:22 PM
To: 'Jon Miller' <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com>; Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Governing Body Approval
In a mandamus action against the City regarding approval of a final plat, the court ultimately directed council to approve the plat. In your case, a court would likely direct the mayor to sign the document.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Jon Miller
Sent: Thursday, January 07, 2021 12:44 PM
To: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] Governing Body Approval
I have not considered that, but believe that the contract must still be signed. Just because an act may be considered ministerial does not mean that its performance is excused or otherwise need not occur.
From: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Sent: Thursday, January 7, 2021 12:03 PM
To: Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com>
Cc: Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Governing Body Approval
Does that also mean that since the mayor's signature is ministerial, mandamus wouldn't actually be necessary for this hypothetical document to take full force and effect?
On Thu, Jan 7, 2021, 8:31 AM Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com> wrote:
Once properly approved by the governing body, the mayor’s execution of the document on behalf of the city is ministerial and could be compelled by mandamus.
Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. 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 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.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Thursday, January 7, 2021 7:51 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Governing Body Approval
Question for All:
Once the governing body has approved an agenda item and authorized the Mayor to sign the document must the Mayor sign the document even if he has a good faith belief or concern the document is infirm for legality or possible consequence?
Oama mailing list
Oama@lists.imla.orgmailto:Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org
I agree. If there is a reason to reconsider, the Mayor should call a special meeting and put the matter before the Council. The Mayor can't "veto" the action of the Council by not signing, but he should be able to take necessary action on new information. If the Council approves anyway or refuses to meet, he has no real alternative.
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Thursday, January 7, 2021 12:44 PM
To: Phillip Morton mortonlawoffice@gmail.com
Cc: oama@lists.imla.org
Subject: Re: [Oama] Governing Body Approval
I have not considered that, but believe that the contract must still be signed. Just because an act may be considered ministerial does not mean that its performance is excused or otherwise need not occur.
From: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Sent: Thursday, January 7, 2021 12:03 PM
To: Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com>
Cc: Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Governing Body Approval
Does that also mean that since the mayor's signature is ministerial, mandamus wouldn't actually be necessary for this hypothetical document to take full force and effect?
On Thu, Jan 7, 2021, 8:31 AM Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com> wrote:
Once properly approved by the governing body, the mayor's execution of the document on behalf of the city is ministerial and could be compelled by mandamus.
Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. 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 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.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Thursday, January 7, 2021 7:51 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Governing Body Approval
Question for All:
Once the governing body has approved an agenda item and authorized the Mayor to sign the document must the Mayor sign the document even if he has a good faith belief or concern the document is infirm for legality or possible consequence?
Oama mailing list
Oama@lists.imla.orgmailto:Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.orghttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252flists.imla.org%252fmailman%252flistinfo%252foama_lists.imla.org%26c%3DE%2C1%2Cx7gfd-Sm1PKSkV78AVRrwwi2e6Ccnc6IsCI6hL0i9lT0sjzGIIeTlg8-67BnpVWqEUBO0MizLmN24xZh_b6E_bWMwJ9mIpaxHWi4j0D4rw%2C%2C%26typo%3D1&data=04%7C01%7Cmramsey%40soonerlaw.com%7C2402195aa53f4cff0f4708d8b3441170%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C0%7C637456452248646876%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=C%2BuqmsBsHBwM1dRLsWN7Dh3FHHSNvA2cva9IgHw0FDY%3D&reserved=0
If the mayor chooses not to sign the contract and a mandamus action is filed to force him to sign, the mayor could file a counterclaim for declaratory judgment that the contract is illegal, ultra vires or otherwise was beyond the authority of the city council to approve. Procedurally, the mayor could sign and then sue for declaratory judgment that the contract is illegal, ultra vires, etc. The Court could then address the issue of legality of the contract.
Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155
This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. 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 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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From: Mark Ramsey MRamsey@soonerlaw.com
Sent: Thursday, January 7, 2021 1:47:19 PM
To: Jon Miller jonmiller@jem-pc.com; Phillip Morton mortonlawoffice@gmail.com
Cc: oama@lists.imla.org oama@lists.imla.org
Subject: RE: [Oama] Governing Body Approval
I agree. If there is a reason to reconsider, the Mayor should call a special meeting and put the matter before the Council. The Mayor can't "veto" the action of the Council by not signing, but he should be able to take necessary action on new information. If the Council approves anyway or refuses to meet, he has no real alternative.
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
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From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Thursday, January 7, 2021 12:44 PM
To: Phillip Morton mortonlawoffice@gmail.com
Cc: oama@lists.imla.org
Subject: Re: [Oama] Governing Body Approval
I have not considered that, but believe that the contract must still be signed. Just because an act may be considered ministerial does not mean that its performance is excused or otherwise need not occur.
From: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Sent: Thursday, January 7, 2021 12:03 PM
To: Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com>
Cc: Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Governing Body Approval
Does that also mean that since the mayor's signature is ministerial, mandamus wouldn't actually be necessary for this hypothetical document to take full force and effect?
On Thu, Jan 7, 2021, 8:31 AM Jon Miller <jonmiller@jem-pc.commailto:jonmiller@jem-pc.com> wrote:
Once properly approved by the governing body, the mayor's execution of the document on behalf of the city is ministerial and could be compelled by mandamus.
Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma 73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155
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From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Michael Beason
Sent: Thursday, January 7, 2021 7:51 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Governing Body Approval
Question for All:
Once the governing body has approved an agenda item and authorized the Mayor to sign the document must the Mayor sign the document even if he has a good faith belief or concern the document is infirm for legality or possible consequence?
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