Watonga City Government -- Part 1

Comments and questions made by the public at the Oct. 15 City Council meeting has prompted some research on the procedures set out under State law and in the Watonga City Code pertaining to the mayor's powers to hire and fire personnel.

STATE LAW - Forms of Government in Oklahoma

1.        Aldermanic Form of Government (form of government in the City of Watonga)

Title 11. Cities and Towns  Article IX - Aldermanic Form of Government Section 9-104 - Mayor - Duties as President of Council.

The mayor shall preside at meetings of the council, and shall 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.

Title 11. Cities and Towns  Article IX - Aldermanic Form of Government Section 9-105 - Mayor - Duties as Chief Executive Officer.

The mayor shall be chief executive officer of the administrative branch of the government of the city. The mayor shall be recognized as the head of the city government for all ceremonial purposes and by the Governor for purposes of military law. The mayor shall:

1. appoint, subject to confirmation by the city council, a city attorney and 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; and

2. sign the commissions and appointments of all officers, elected or appointed; and

3. remove or suspend city officers or employees against whom charges of incompetency, neglect, or violation of duty are made, until such time as the council shall take action on the charges; and

4. supervise and control all administrative departments, agencies, officers, and employees, act promptly on a charge of neglect or violation of duty of any officer or employee, and require any officer to account for and report to the council in writing on any subject pertaining to the duties, powers, or functions of the officer when the mayor deems necessary; and

5. prepare a budget annually and submit it to the council. The mayor shall be responsible for the administration of the budget after it goes into effect; and

6. keep the council advised of the financial condition and future needs of the city. The mayor shall submit to the council a report after the end of the fiscal year on the finances and administrative activities of the city for the preceding year; and

7. make recommendations to the council of measures for the well-being of the city; and

8. enforce the city ordinances; and

9. grant pardons for violation of city ordinances, including the remission of fines and costs, subject to the approval of the council. Said approval may only be given at a meeting of the council after the reasons and order of remission or pardon have been entered on the journal; and

10. have such other powers, duties, and functions as may be prescribed by law or by ordinance.

Title 11. Cities and Towns  Article IX - Aldermanic Form of Government

Section 9-106 - Mayor - Signing Ordinances - Veto Power

The mayor may sign or veto any city ordinance or resolution passed by the city council.

Any ordinance or resolution vetoed by the mayor may be passed over his veto by a vote of two-thirds (2/3) of all the members of the council. If the mayor neglects or refuses to sign any ordinance or return it with his objections in writing at the next regular meeting of the council, the ordinance shall become law without his signature.

[Emphasis added.]


CITY CODE 
Chapter 2 - MAYOR AND CITY COUNCIL
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. sec. 9-104 through 9-106

***
2-408  Suspension and Termination Procedure.
         Specific procedures for suspension or termination of a city employee shall be as follows [emphasis added]:
         1.  The city through the mayor hasthe proper authority and power to suspend with or without pay or to terminate employment of any city employee and the mayor hereby delegates the authority to suspend to each appointed department head, who is a regularly elected city official or who has been appointed, as required by law, to fulfill an unexpired term of office of any regularly elected city official;
        2.  The department head, after taking suspension action, shall within three (3) working days thereafter submit to the mayor in writing a detailed and specific report outlining the suspension and recommend to the mayor and council  a course of action.  Failure to take the aforesaid action by the department head shall result in automatic reinstatement of suspended employee;
        3.  Any employee so suspended, or terminated under the provision of Paragraph A of this section  shall retain the right to request in writing review of the decision at the next regularly scheduled meeting of the council, or at any special meeting of the council which may be called for this purpose.  After reviewing the decision the council may make a formal recommendation to the mayor;
         4.  In the event of suspension, it is the ultimate and final decision of the mayor, whether to retain or terminate the employee, after previous suspension.  The mayor shall within a reasonable time, give notice of his decision by letter to the department head affected and to the employee involved; and
          5.  In the event of termination under the provisions of Paragraph A of this section, the mayor may, after review and recommendation as provided in Subparagraph C above, either affirm or reverse the order of termination. 
State law reference:  11 O.S. sec. 9-105 states the mayor may remove or suspend only until council can take action on the charges. 

NOTE: There is NO Paragraph A or Subparagraph C as referred to in the above sections of the City Code. 

The City also has an Employee Handbook that sets out the procedure for reprimands, suspensions, and termination, which the City Clerk does not follow.