[Amended 9-20-1988 by resolution, approved at election 11-22-1988; 11-4-2003 by resolution, approved at
election 4-6-2004]
There shall be a city council, herein also called the council,
which shall consist of a mayor and of four councilmen. Only qualified
electors of the city shall be qualified for the offices of mayor and
councilmen. No councilman may hold any office or position in the city
government by appointment by the city manager.
[Amended 9-20-1988 by resolution, approved at election 11-22-1988]
At the first meeting after the time prescribed for the beginning
of the terms of newly elected councilmen, or as soon thereafter as
practicable, the council shall elect from its membership a vice mayor,
who shall serve until the time prescribed for the beginning of the
terms of the next newly elected councilmen, and until their respective
successors have been elected and qualify. The vice mayor shall have
all of the powers, rights, privileges, duties and responsibilities
of a councilman, including the right to vote on questions.
The mayor shall preside at meetings of the council and shall
certify the passage of all ordinances and resolutions passed by it.
He shall be recognized as the head of the city government for all
ceremonial purposes and by the governor for purposes of military law.
He shall have no regular administrative duties, except that he shall
sign such written obligations of the city as the council may require.
He shall have all powers, rights, privileges, duties and responsibilities
of a councilman, including the right to vote on questions.
The vice mayor shall act as mayor during the absence, disability
or suspension of the mayor, or if a vacancy occurs in the office of
mayor, until another mayor is elected by the council for completion
of the unexpired term and qualifies. If the office of vice mayor becomes
vacant, the council shall elect from its membership another vice mayor
for completion of the unexpired term.
If both the mayor and vice mayor are absent from a council meeting,
the council may elect one of its members temporary presiding officer
to preside during such absence.
Neither the mayor nor any other councilman may receive any compensation
as mayor or councilman nor for any other service rendered the city,
but may be reimbursed for lawful expenses incurred in the discharge
of their official duties.
[Amended 2-7-1989 by resolution, approved at election 4-4-1989]
Except as otherwise provided in this charter, all powers of
the city, including the determination of all matters of policy, shall
be vested in the council. Without limitation of the foregoing, the
council shall have power:
(1) To appoint and remove the city manager as provided in this charter;
(2) By ordinance to enact municipal legislation;
(3) To raise revenue and make appropriations and to regulate bond elections,
the issuance of bonds, sinking funds, the refunding of indebtedness,
and all other fiscal affairs of the city, subject to the provisions
of the state constitution and law and this charter;
(4) To establish or adopt a pension, retirement and/or social security
system or systems for any or all groups of the officers and employees
in the service of the city, either alone or in cooperation with the
state or federal government, or both;
(5) To inquire into the conduct of any office, department or agency of
the city and investigate municipal affairs;
(6) To appoint or elect and remove its own subordinates, the members
of the personnel board, the members of the planning commission, the
members of the board of adjustment, and other quasi-legislative, quasi-judicial
or advisory officers and authorities, now or when and if established,
or to prescribe the method of appointing or electing and removing
them;
(7) To regulate elections, the initiative and referendum, and recall
within the limits prescribed by the state constitution and law and
this charter;
(8) To regulate the organization, powers, duties and functions of the
municipal court, when and if established, within the limits prescribed
by the state constitution and this charter;
(9) To create, change and abolish all offices, departments and agencies
of the city government other than the offices, departments and agencies
created by this charter; and to assign additional powers, duties and
functions to offices, departments and agencies created by this charter.
Except for the purpose of inquiry, the council and its members
shall deal with the administrative service solely through the city
manager; and neither the council nor any member thereof may give orders
on administrative matters to any subordinate of the city manager either
publicly or privately.
[Amended 2-7-1989 by resolution, approved at election 4-4-1989]
The city clerk or the deputy clerk, as hereinafter provided
for, as designated by the city manager, shall also serve as clerical
officer of the council. He shall keep the journal of its proceedings
and shall enroll in a book or books kept for the purpose all ordinances
and resolutions passed by it; shall be custodian of such documents,
records and archives as may be provided by applicable law or ordinance;
shall be custodian of the seal of the city; and shall attest and affix
the seal to documents when required in accordance with applicable
law or ordinance.
[Amended 1-19-1988 by resolution, approved at election 4-5-1988; 11-4-2003 by resolution, approved at election 4-6-2004]
The council shall hold at least one regular meeting every month
at such time or times as it may prescribe by ordinance or otherwise.
The mayor or any three councilmen may call special meetings. All meetings
of the council shall be open to the public, and the journal of its
proceedings shall be open to public inspection.
The city council shall be permitted to conduct executive sessions
as permitted by the Oklahoma Open Meeting Law, 25 O.S. § 301
et seq., or any amendment thereof.
If the mayor or any other councilman shall be absent from more
than one-half of all the meetings of the council, regular and special,
held within any period of four consecutive calendar months, he shall
thereupon cease to hold office.
[Amended 9-20-1988 by resolution, approved at election 11-22-1988]
A councilman or the mayor may be removed from office for any
cause specified by applicable state law for the removal of officers
and by the method or methods prescribed thereby; and may also be removed
by recall as provided in this charter.
[Amended 9-20-1988 by resolution, approved at election 11-22-1988]
(a) When a vacancy occurs in an office of mayor or a member of the city
council, the governing body shall appoint, by a majority vote of the
remaining members, a person to fill the vacancy until the next general
municipal election and to serve until a successor is elected and qualified.
Any vacancy shall then be filled at the next general municipal election
by election of a person to complete the balance of any unexpired term.
If the vacancy has not been filled within sixty (60) days after it
occurs, the governing body shall call for a special election for the
purpose of filling the vacancy for the duration of the unexpired term,
unless said vacancy occurs or said election would occur within one
hundred twenty (120) days prior to the first day of the filing for
the next general municipal election. If a vacancy is not filled by
the special election, it shall be filled by appointment as provided
for in this subsection.
(b) When a majority of the offices of a governing body are vacant more
than sixty (60) days before the beginning of a regular filing period
for general municipal elections, the remaining members of the governing
body shall call for a special election to be held as soon as possible
in the municipality for the purpose of filling all vacant offices
for the remainder of the unexpired terms if the election is held more
than sixty (60) days before the beginning of the filing period for
the general election. The governor may appoint residents of a municipality
to fill the vacancies until the new officers are elected and qualified.
If the vacancies are not filled by the election called for the purpose,
the appointees of the governor may remain in office until the next
general municipal election and until their successors are elected
and qualified.
(c) In the event an election to fill a vacancy is held at a general municipal
election, then said election for the vacancy shall be conducted separately
from other elections. Candidates who file for elections of the vacant
council position or mayor's position shall be ineligible to be
candidates for other positions occurring at the same election.
A majority of all the members of the council shall constitute
a quorum, but a smaller number may adjourn from day to day or from
time to time. The council may determine its own rules. On the demand
of any member, the vote on any question shall be by yeas and nays,
and shall be entered in the journal.
The enacting clause of all ordinances passed by the council
shall be, "Be it ordained by the Council of the City of El Reno, Oklahoma,"
and of all ordinances proposed by the electors under their power of
initiative, "Be it ordained by the People of the City of El Reno,
Oklahoma."
A proposed ordinance shall be read, and a vote of a majority
of all the councilmen shall be required for its passage. The vote
on final passage of every ordinance shall be by yeas and nays, and
shall be entered in the journal. The mayor shall have no power of
veto. Within ten days after its passage, every ordinance shall be
published in full in a newspaper of general circulation within the
city. Every ordinance except an emergency ordinance, so passed and
published, shall become effective thirty days after its final passage
and publication unless it specifies a later time; provided that a
franchise for a public utility shall not go into effect until the
ordinance granting it has been published in full in a newspaper of
general circulation within the city and has been approved at an election
by a vote of a majority of the qualified electors voting on the question.
[Amended 11-4-2003 by resolution, approved at election 4-6-2004; 8-1-2006 by resolution, approved at election 8-1-2006]
An emergency ordinance is an ordinance which in the judgment
of the council is necessary for the immediate preservation of peace,
health or safety, and which should become effective prior to the time
when an ordinary ordinance would become effective. Every such ordinance
shall contain, as a part of its title, the words, "and declaring an
emergency"; and in a separate section, herein called the emergency
section, shall declare the emergency. An affirmative vote of at least
four councilmen shall be required for the passage of an emergency
ordinance; which vote shall be by yeas and nays and shall be entered
in the journal. An emergency ordinance shall take effect upon passage
and publication unless it specifies a later time.
The council by ordinance may adopt by reference codes, ordinances,
standards and regulations relating to building, plumbing, electrical
installations, milk and milk products, and other matters which it
has power to regulate otherwise. Such code, ordinance, standard or
regulation so adopted need not be enrolled in the book of ordinances,
but a copy shall be filed and kept in the office of the city clerk.
The city clerk shall keep copies of all such codes, ordinances, standards
and regulations in force for distribution or sale at their approximate
cost.
The ordinances of the city shall be codified and published in
book or pamphlet form at least every ten years unless the council,
by use of a loose-leaf system, provides for keeping the code up-to-date.
Titles, enacting clauses and emergency sections may be omitted from
the code; and temporary and special ordinances and parts of ordinances
may be omitted. Permanent, general ordinances and parts of ordinances
which are to be repealed by the code, shall be omitted from the code.
The ordinances and parts of ordinances included in the code may be
revised, rearranged and reorganized; and the code may contain new
matter, provisions of the state constitution and law relating to the
city and provisions of this charter. A copy of the published code
shall be filed in the office of the city clerk after the council adopts
the code by ordinance, but the code need not be enrolled in the book
of ordinances.