City of Maud, Oklahoma

CHAPTER 1

GOVERNMENT ORGANIZATION

SECTION 2-101 MAYOR-COUNCIL FORM OF GOVERNMENT.

The city is governed by the statutory aldermanic or mayor-council form of government. The powers of the city are vested in the mayor and city council.
State Law Reference; Aldermanic form, Sections 9-101 et seq. of Title 11 of the Oklahoma Statutes.

SECTION 2-102 ELECTIONS.

1. In a statutory aldermanic city the terms of the elected officers shall be staggered so that at any one general municipal election, the following officers are to be elected for four-year terms:
   1. Councilmembers from odd-numbered wards;
   2. The mayor; and
   3. The clerk-treasurer.
• At the next general municipal election, the following officers are to be elected for four year terms:
1. Councilmembers from even-numbered wards.
2. General municipal elections are held on the first Tuesday in April of each odd-numbered year. A primary election shall be held the third Tuesday of March in each odd-numbered year, at which time the several political parties shall nominate candidates for offices who are to be elected at the upcoming general municipal election.
   State Law Reference; Elections in aldermanic cities, 11 O.S. Section 16-201.
3. Pursuant to 11 O.S., Section 16-302, (Effective November 1, 2013), the City of Maud, Oklahoma hereby declares that it shall not be governed by the Oklahoma Town Meeting Act as a means of electing its officers and deciding initiative and referendum questions. The City of Maud is less than 2,000 residents as of the 2010 Federal Census.
4. The City of Maud shall hereby elect its officers and decide initiative and referendum questions through elections conducted by the county election board pursuant to 11 O.S., Section 16-101 et. seq.
   Ordinance 2015-01 January 14, 2015

SECTION 2-103 TERM OF OFFICE.

1. The term of office for all elected officials shall be four (4) years.
2. The term of office shall begin at 12:00 noon on the second Monday following the general municipal election, and shall continue until his successor is elected and qualified.
   State law reference: Section 8-102 et seq. of Title 11 of the Oklahoma Statutes.

CHAPTER 2

MAYOR AND CITY COUNCIL

SECTION 2-201 MAYOR, DUTIES.

The mayor shall preside at meetings of the council and certify to the correct enrollment of all ordinances and resolutions passed by it. The mayor is not considered a member of the council for quorum or voting purposes, except that he may vote on questions under consideration by the council only when the council is equally divided. The mayor may sign or veto any city ordinance or resolution passed by the city council. The mayor shall be chief executive officer and head of the administrative branch of the city government. He is also recognized as the head of the city government for all ceremonial purposes and by the governor for purposes of military law. He shall have such powers and duties as may be prescribed by law or ordinance.
State Law Reference; Powers of mayor and duties, 11 O.S. Sections 9-104 through 9-106.

SECTION 2-202 COUNCIL, DUTIES.

The council shall consist of four (4) councilmembers, one elected from each ward of the city. The council shall elect from among its members a president of the council. The council president shall be elected in each odd-numbered year at the first council meeting held after council terms begin or as soon thereafter as practicable, and he shall serve until his successor has been elected and qualified. The council president shall act as mayor in the absence of the mayor. While presiding in the place of the mayor, he shall have all the powers, rights and privileges as other members of the council. The council shall have the powers and duties as prescribed by law or ordinance.
State Law Reference; Aldermanic cities, councilmembers per ward, 11 O.S. Section 9-102; city council president, powers of council, 11 O.S. Sections 9-107 through 9-108.

SECTION 2-203 TIME OF REGULAR MEETINGS OF THE COUNCIL.

The council of the city shall hold a regular meeting at 7:00 P.M. on the third Monday of every month. If such a day falls on a holiday, the regular meeting shall be held at that time on the next regular business day which is not a holiday.
Ordinance 2014-02 August 18, 2014

SECTION 2-204 SPECIAL MEETINGS.

Special meetings may be called by the mayor or acting mayor, upon request or notice, in writing, signed by at least three (3) members of the council, specifying the object and purpose of such meeting, by request or notice in writing, which shall be read at the meeting and entered at length in the journal and no business shall be transacted at such meeting except that specified in the request.

SECTION 2-205 QUORUM.

In all cases, it shall require a majority of the councilmen elected to constitute a quorum to do business; but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as the council may by ordinance have previously prescribed.

SECTION 2-206 PLACE OF MEETINGS OF THE COUNCIL.

Every meeting of the council shall be held in the council chamber in the city hall unless, in case of an emergency, the mayor or the councilmembers calling a special meeting designate another place in the city for the holding of the special meeting. An adjourned meeting may be held at any other place within the city designated by the city council.

SECTION 2-207 RULES OF PROCEDURE.

1. The council may determine its own rules, and may compel the attendance of absent members in the manner and under penalties as the council may prescribe. Whenever a member is absent from more than one-half (1/2) of all meetings of the council, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.
2. The order of business for each meeting of the council shall be as posted on the agenda for the meeting.
3. The following rules of procedure shall apply to any regular or special meeting of the council unless three (3) members agree to waive the rule or rules:
   1. At the request of the mayor or any councilmember, all motions shall be reduced to writing;
   2. A motion to reconsider any of the proceedings of the council shall not be entertained unless it be made by a member who previously voted in the majority;
   3. No motion shall be debated or put until it be seconded and stated by the mayor. It is then and not until then in possession of the council and cannot be withdrawn but by leave of the council;
   4. A motion to adjourn shall be in order at any time, except as follows:
      1. When repeated without intervening business or discussion;
      2. When made as an interruption of a member while speaking;
      3. When the previous question has been ordered; or
      4. While a vote is being taken.
• A motion to adjourn is debatable only as to the time to which the meeting is adjourned;
4. When a question is under debate, no motion shall be received but:
   1. To adjourn;
   2. To lay on the table;
   3. For the previous question;
   4. To postpone to a day certain;
   5. To commit;
   6. To amend; or
   7. To postpone indefinitely, which several motions shall have precedence in the order they stand arranged;
5. When a proper motion is made, but information is wanted, the motion is to postpone to a day certain;
6. Matters claiming present attention for which it is desired to reserve for more suitable occasion, the order is a motion to lay on the table; the matter may then be called for at any time. If the proposition may need further consideration at the hands of a committee, the motion is to refer to a committee, but if it need but a few and simple amendments, the council shall proceed to consider and amend at once;
7. On an amendment being moved, a member who has spoken on the main question may speak again to the amendment;
8. The question is to be put first on the affirmative and then on the negative side. After the affirmative part of the question has been put, any member who has not spoken before to the question may arise and speak before the negative be put;
9. When a question has been moved and seconded and has been put by the presiding officer in the affirmative and negative, it cannot be debated unless under motion for reconsideration; and
10. Robert's Rules of Order shall govern matters not included or covered in this code or in rules adopted by the city council.

CHAPTER 3

CITY CLERK-TREASURER

SECTION 2-301 CITY CLERK-TREASURER.

The city clerk-treasurer is an officer of the city, elected for a four-year term as provided in this code.

SECTION 2-302 DUTIES.

1. As the city clerk, the clerk-treasurer shall attend meetings of the council and shall keep a journal of its proceedings, as provided by law. He shall enter at length all ordinances passed by the council in the ordinance book, as required by law. He shall keep the seal of the city and affix it to documents as required by law or ordinance.
2. As the city treasurer, the clerk-treasurer shall collect or receive revenues and other money for the city as provided by law or ordinance, and shall deposit daily all funds coming into his hands in such depositories as the council may designate. He shall disburse such funds in the manner provided by applicable law or ordinance. He shall keep proper books of account and other financial records, properly recording all financial transactions.
3. He shall have all other powers and duties prescribed by law or ordinance.
   State Law Reference; City clerk's office, creation and duties, 11 O.S. Section 9-112; City treasurer's office, creation and duties, 11 O.S. Section 9-113.

CHAPTER 4

OTHER OFFICERS AND DEPARTMENTS

SECTION 2-401 CITY ATTORNEY.

1. The city attorney shall be appointed by the mayor and confirmed by the council, and shall hold office at the pleasure of the mayor and council. He shall have such qualifications, powers, and duties as are prescribed by law by the governing body for city attorneys. It shall be his duty to advise the mayor and council and each member thereof, and all city officials, upon all law questions, and he shall give opinions in writing when requested, and shall represent the city as counsel in all litigation, in all courts, for or against the city, and shall perform such other legal service in behalf of the city, its officers or employees, as may be required.
2. Compensation of the city attorney shall be established by the mayor and council.

SECTION 2-402 HEALTH DEPARTMENT; DIRECTOR.

The city-county health department of the county and its director shall have the powers of a city health department and city health officer respectively for the city. References to health department and health officer or director of the health department in this code and in other ordinances of the city shall mean the city-county health department and its director, unless the context clearly indicates another meaning.

SECTION 2-403 OTHER PERSONNEL TO BE APPOINTED.

The mayor shall appoint, subject to confirmation by the city council, all heads or directors of administrative departments including members of boards and commissions and shall appoint all other administrative officers and employees of the city.
State law reference: 11 O.S. Sec 9-105, Ordinance 2020-01, May 18, 2020

SECTION 2-404 MARSHAL.

There shall be one City Marshal, who shall be an officer of the city. The Marshal may be the Chief of Police. He shall have such duties and powers as may be defined by law or by the mayor and council.

SECTION 2-405 STREET COMMISSIONER.

The street commissioner is appointed by the mayor and confirmed by the council. He shall have such duties and powers as may be defined by law or by the mayor and council.

SECTION 2-406 REMOVAL, SUSPENSION OF PERSONNEL.

• Except as may be otherwise provided by law, officers and employees of the city who are appointed by the mayor with approval of the council may be removed, suspended, or laid off by the mayor with approval of the council. The mayor and council may also remove any elective officer for cause except the mayor, as provided by law.
• Any officer or employee appointed by the Mayor may be suspended, demoted, laid off or removed by the Mayor.
• The officer or employee may appeal the action to the city council. The appeal shall be in writing and shall be filed with the City Clerk within ten(10) days after the effective date of the layoff, suspension, demotion or removal. The council may affirm, reverse, or modify the Mayor's decision.
• The Mayor may appoint a person to act during the temporary absence, disability, or suspension of such officer or employee, or, in the case of a vacancy, until a successor is appointed and qualified.
• State Law Reference 11 O.S. 9-118, Ordinance 2020-01, May 18, 2020

SECTION 2-407 CERTAIN SALARIES FIXED.

1. The following elected city personnel shall be paid salaries as set by the council by ordinance:
   1. Mayor;
   2. Councilmembers; and
   3. City clerk-treasurer.
2. The council, by motion or resolution, may fix the compensation of other personnel.
   State Law Reference; Changing salary during term of office, State Constitution Article 23, Section 10.

SECTION 2-408 CERTAIN PERSONNEL TO BE BONDED.

• Before entering upon their official duties, the city clerk-treasurer shall provide bonds for the faithful performance of his official duties, payable to the city, with a surety company authorized to operate within the state. The council, by motion or resolution, may require other officers and employees in such positions as it may designate to be bonded. The city shall pay the premiums on such bonds.
• State Law Reference; Bonds of officers, treasurer and other officers to give bond, 11 O.S. Section 8-105.
• Cross Reference; See also Section 6-116, court clerk's bond.

SECTION 2-409 OATHS.

• All officers, elective and appointive, including salaried employees of the city shall, within five (5) days of their election or appointment and before entering upon the duties of the respective offices take and subscribe to the following oath or affirmation;
• "I,______________ , do solemnly swear, (or affirm), that I will support, obey and defend the Constitution of the United States, and the Constitution of the State of Oklahoma, and will faithfully discharge the duties of the office of_____________ ; that I have not paid or contributed, either directly or indirectly, any money or other valuable thing to procure my nomination, election or appointment, except necessary and proper expense expressly authorized by law; that I have not knowingly violated any election law of the state or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or nonperformance of any act or duty pertaining to the office of ___________ , other than compensation allowed by law."
• State Law Reference; Oath to be as prescribed by Oklahoma Constitution, filed in clerk's office, 11 O.S. Section 8-103.

SECTION 2-410 COMPENSATION OF OFFICERS AND EMPLOYEES.

1. The compensation of officers and employees may be determined by motion or resolution adopted by the city council and may be changed at any time in the same manner.
2. In no case shall the salary or emoluments of any officer elected or appointed for a definite term be changed after his election or appointment or during his term of office unless by operation of an ordinance passed prior to such election or appointment. This section shall not apply to officers chosen for indefinite terms nor to employees.

State Law Reference; Section 19 Article 23 of the Oklahoma Constitution prescribes prohibition in changing compensation during term of office.