What is a City Charter anyway?
A municipal charter is the basic document that defines the organization, powers, functions and essential procedures of the city government. It is comparable to the Constitution of the United States or a state's constitution.
Charters are granted either directly by a state legislature by way of local legislation, or indirectly under a general municipal corporation law following a referendum vote of the proposal by the affected population.
As defined by National League of Cities; Read it here: bit.ly/NLCdefinesCityCharter
What's included in a City Charter?
SHORT ANSWER:
The City Charter establishes the government and sets forth the powers that the municipal government may exercise - "All powers of Self-Government." This includes things such as wards, elections, terms, departments and powers of the elected officials. The Charter includes all powers of self-government not prohibited by the Charter itself, or the Oklahoma or U.S. Constitutions.
EXTENDED INFO:
“All powers of Self-Government” is a term synonymous with home-rule. The Oklahoma Constitution gives Oklahoma Citizens the power to form their own government by framing and voting for a charter. Once adopted by the voters and approved by the Governor, the municipal charter becomes the city’s own constitution. It gives a city the sovereignty over its own affairs, and it supersedes general laws of the state that relate to purely municipal concerns. Examples of this are establishing the number of wards, classifying zoning, control of day-to-day operations of the City.
Term "All powers of Self-Government" defined by case of Edwards v. City of Sallisaw, 2014 OK 86. Read it here: bit.ly/Edwards_v_CityofSallisaw
Has the City of Muskogee always operated under a City Charter?
The City of Muskogee adopted its first city charter in 1910, utilizing the the strong-mayor-council form of government. The City of Muskogee City Charter was amended in 1920 to change from a strong mayor-council form of government to a council-manager form of government. . The City of Muskogee has operated under the council manager form of government, as established by the City’s Charter since 1920.
Subsequent amendments were made to Section 8, Nominations and Elections of the City of Muskogee City Charter in 1971 and 1999, respectively. Those amendments are notated in brackets in applicable subsections of the City Charter.
You can review the City Charter of the City of Muskogee, in its entirety, here:
bit.ly/MuskogeeCityCharter
What's the structure of government under Muskogee's current City Charter?
SHORT ANSWER:
Divides the City of Muskogee into 4 Wards, and establishes the Council-Manager Form of Government, with members (2 per Ward) elected to the City Council and a Mayor elected at-large (members of a governing body elected to represent the whole citizenship of that body) with a Council appointed City Manager.
EXTENDED INFO:
The following is verbatim language from the City of Muskogee City Charter. After each point you will see an italicized citation noting which section of the City Charter said point may be located. The City Charter may be viewed in full here: bit.ly/MuskogeeCityCharter
Establishes the Council-Manager Form of Government, with 8 members elected to the City Council in staggered 4-year terms with a Mayor elected at-large (members of a governing body elected to represent the whole citizenship of that body) for a term of 2-years; Divides the City into 4 Wards, with each Ward being represented by two Councilors; Requires the Council to appoint a City Manager and establish his or her compensation and qualifications.
1.1. Composition.
What's in Muskogee's current City Charter? PART 1
SHORT ANSWER:
Muskogee’s Charter creates the council-manager form of government. Under this form of government, the City Manager operates the day-to-day operations of the City, under the guidance of the City Council. The City Council serves as the legislative body of the city, passing ordinances and setting policy. The Charter creates administrative positions, such as those of the City Manager, City Clerk, City Treasurer, and City Attorney. The Charter establishes a process for how employees of the City are hired and terminated. It allows for the exercise of zoning control and land use development. It allows for creation of public trusts, advisory boards, commissions, and committees; establishes election cycles and guidelines; utilizes fair and open bidding process; establishes a system for public hearings; grants ability to maintain and improve streets, public infrastructure, and publicly utilized venues/spaces; prohibits conflict(s) of interest. The City Charter allows Muskogee to exercise “all powers of self-government.”
"All powers of Self-Government” is a term synonymous with home-rule. The Oklahoma Constitution gives Oklahoma Citizens the power to form their own government by framing and voting for a charter. Once adopted by the voters and approved by the Governor, the municipal charter becomes the city’s own constitution. It gives a city the sovereignty over its own affairs, and it supersedes general laws of the state that relate to purely municipal concerns.
EXTENDED INFO:
The following is verbatim language from the City of Muskogee City Charter. After each point you will see an italicized citation noting which section of the City Charter said point may be located. The City Charter may be viewed in full here: bit.ly/MuskogeeCityCharter
Establishes the Merit System and establishes all full-time city employees (except Fire Department), who have been employed at least 1 year as members;
Requires the presentation and approval by the Council all terms and conditions of employment, including: Title, Classifications, working hours, sick and annual leave, transfers and promotions, causes for discharge and suspension;
Establishes the Merit System Board to hear and decide employee grievances;
Establishes that City employees have 1-year of probationary service before they are deemed a member of the Merit System;
City Charter 4:01. – 4:11.
Establishes the Civil Service Commission and establishes members of the Fire Department as members;
Requires the Chief of the Fire Department have 5 previous year employment with the City prior to appointment;
Sets age limit for hiring of fire department personnel between 21 and 45;
Establishes hours of regular duty;
Requires members of the Fire Department to be subject to special duty during an emergency;
Prohibits any member of the Fire Department from being terminated unless written charges of misconduct are presented before the Civil Service Commission;
Allows the Civil Service Commission to hear and decide any grievance of any member of the Fire Department;
4:12. – 4:20.
Information from City of Muskogee City Charter continued in PART 2 of this question.
What's in Muskogee's current City Charter? PART 2
This information is continued from the EXTENDED INFO of PART 1 of this question.
The following is verbatim language from the City of Muskogee City Charter. After each point you will see an italicized citation noting which section of the City Charter said point may be located. The City Charter may be viewed in full here: bit.ly/MuskogeeCityCharter
Allows the City Council to abolish any job for any reason whatsoever;
4:09. Abolition of position.
Establishes the position of City Clerk and requires the Clerk to collect and receive all revenue to deposit with the City Treasurer;
5:01. Collection of Revenue; 5:02. City Treasurer.
Grants the City of Muskogee full powers to promote the public health, safety, and general welfare by regulating the use of property and controlling and directing the development through exercise of zoning powers;
6:01. General Powers.
Establishes a planning department;
6:03. Planning Department.
Requires public hearings and 15 days public notice prior to enactment of zoning regulations or amendments to zoning classifications;
6:04. Notice and hearings.
Establishes the Hospital Board;
7:01. Hospital Board.
Establishes authority for creation of Public Trusts and acceptance of benefit;
7:02. Public Trusts.
Permits the Council to establish advisory Boards and Commissions by Ordinance, but limits their authority to enter into contracts or spend money without approval of the Council;
7:03. Other Boards and Commissions.
Requires members appointed to Boards, Commissions and Trusts set off for 1-year before being eligible for reappointment; Except Civil Service and Merit Board;
7:04. Appointments to Boards, Commissions, and Trusts.
Prohibits the sale of any Park land without a vote of the people;
7:05. Parks and park property.
Establishes election cycle and how candidates file;
8:01. City Elections; 8:02. Candidates.
Information from City of Muskogee City Charter continued in PART 3 of this question (with other information included in PART 1 of the same question).
What's in Muskogee's current City Charter? PART 3
This information is continued from the EXTENDED INFO of PARTS 1 & 2 of this question.
The following is verbatim language from the City of Muskogee City Charter. After each point you will see an italicized citation noting which section of the City Charter said point may be located. The City Charter may be viewed in full here: bit.ly/MuskogeeCityCharter
Prohibits conflicts of interest;
9:01. Personal financial interest.
Prohibits appointment or removal or favor or discrimination with respect to any employment because of race, sex, political or religious opinions or affiliations;
9:02. Prohibitions. (a) Activities Prohibited. (1)
Prohibits members of the Council from accepting any valuable gift or free service from any person or corporation involved in the transaction of any business with the City;
9:02. Prohibitions. (a) Activities Prohibited. (2)
Prohibits employees of the City from taking part in campaigns for City office;
9:02. Prohibitions. (a) Activities Prohibited. (3)
Establishes competitive bidding for supplies, services, materials, or equipment and provides for their sale when they are no longer needed;
9:03. Purchases and sales. (a), (b), (c), (d)
Grants the authority to lease property;
9:03. Purchases and sales. (e)
Grants the power to improve streets and other public places;
9:04. Public Improvements. (a) Paving
Grants the power to enact ordinances governing the construction, maintenance, and repair of sidewalks, sewers, drains and to establish special assessments
9:04. Public Improvements. (b) Sidewalks and Sewers
But what does the Mayor & City Council do under Muskogee's current form of government?
SHORT ANSWER:
Equal powers given to each (of 8) Councilor AND Mayor with all power vested in the council body; allows passage of regular and emergency ordinances; has no administrative duties; does not serve as supervisor of city staff employment, except City Manager, City Clerk, and City Attorney. Neither the Mayor nor City Council receive any compensation, other than reimbursement for their expenses.
EXTENDED INFO:
The following is verbatim language from the City of Muskogee City Charter. After each point you will see an italicized citation noting which section of the City Charter said point may be located. The City Charter may be viewed in full here: bit.ly/MuskogeeCityCharter
Establishes that the Mayor and Council serve without salary or compensation, but allow them to receive actual and necessary expenses;
2:02. Compensation, expenses.
Establishes that the Mayor has no administrative duties and has the same authority as the other 8 Councilors; shall preside at meetings of Council; shall be recognized as head of the City government for ceremonial purposes;
2:02. Mayor.
Requires that all power of the City is vested in the Council unless otherwise provided by law or the Charter;
2:04. General Powers and duties.
Prohibits any member of the Council from holding any other city office or employment during their term and for one-year after the expiration of that term;
2:05. Prohibitions. (a) Holding Other Office
Prohibits the Mayor and Council from dictating the removal or appointment of any employees of the City;
2:05. Prohibitions. (b) Appointments and Removals
Prohibits the Mayor and Council from dealing with and giving order to employees of the City;
2:05. Prohibitions. (c) Interference with Administration
Grants the Council the judge of the qualifications of its members, and allows them to remove a member for conduct constituting grounds for removal of office, after a public hearing and the presentation of evidence of misconduct;
2:07. Judge of qualifications.
Requires six affirmative votes to pass an ordinance presented for the first hearing; 5 votes to pass if it is presented for a second hearing;
2:13. Ordinances in general.
Allows for the passage of Emergency Ordinances, those that are deemed necessary for the preservation of the public peace, health or safety to become effective immediately after passage by 6 votes and publication in the newspaper;
2:14. Emergency ordinances.
Requires the Council to appoint a City Manager and establish his compensation and qualifications
3:01. Appointment; qualifications; compensation.
What does the City Manager do while operating under the current City Charter?
SHORT ANSWER:
The City Manager runs the day-to-day operations of the City. He is responsible to the Council for all administration of City affairs. The City Manager appoints and, when necessary, removes employees, supervises all departments and carries out the directives of the City Council. He attends all meetings of the Council and takes part in the discussion, but cannot vote on any issue before the Council. He is responsible to see that all laws, provisions of the charter and acts of the Council are faithfully executed. He prepares and submits the City’s Budget to the City Council for their consideration and adoption. He is also charged with keeping the Council appraised of the financial affairs of the City. Under the Charter, the City Manager must reside within the city limits.
EXTENDED INFO:
The following is verbatim language from the City of Muskogee City Charter. After each point you will see an italicized citation noting which section of the City Charter said point may be located. The City Charter may be viewed in full here: bit.ly/MuskogeeCityCharter
Establishes all duties of the City Manager;
- Responsible to the Council for administration of City affairs;
- Appoint or remove employees;
- Supervise administration;
- Attend all meetings of the Council and take part in the discussion, but not vote;
- Responsible to see that all laws, provisions of the charter and acts of the Council are faithfully executed;
- Responsible to Prepare and submit the budget;
- Responsible to keep the Council appraised of the financial affairs of the City;
- Responsible to report on any actions concerning operations of City departments, offices, and agencies, etc.;
- Keep council advised on future needs of the City;
- Perform such other duties as are specified within the Charter or may be required by council
3:04. Powers and duties of the City Manager.
What happens to the City Charter if a Statutory Strong Mayor-Council form of government is adopted by the vote of the people?
SHORT ANSWER:
The Muskogee City Charter is revoked. The Statutory Strong Mayor-Council form of government is adopted once the official vote count is certified by the Governor of the State of Oklahoma. The statutory provisions then become the framework for the city government. The mayor and council may only exercise powers expressly granted by Oklahoma statute or necessarily implied from a statute.
EXTENDED INFO:
The following, noted in bold type, is verbatim ballot language. This is the exact words that will appear on the June 30, 2020 muncipal election ballot. You can check your voter registeration, polling place, and see a sample ballot here: bit.ly/MuskogeeVoterTool
PROPOSITION:
Shall the City of Muskogee revoke the Charter under which it is now operating, and adopt and be governed under the statutory strong-mayor-council form of government as provided by the laws of Oklahoma?
A vote of
YES would revoke the Charter and thus adopt the Statutory Strong Mayor form of government.
A vote of
NO would maintain the current City Charter of the City of Muskogee that operates under the council-city manager structure.