CHARTER OF THE CITY
OF SEMINOLE, OKLAHOMA
Adopted, Election of September 11, 1970
Amended, Election of March 13, 2018
PREAMBLE
We, the people of the city of Seminole, Oklahoma, exercising the powers of home rule granted to us by the constitution and laws of the state of Oklahoma, in order to provide for more efficient, adequate, and economical government, do hereby ordain, ratify and establish this charter of the city of Seminole, Oklahoma.
ARTICLE I
INCORPORATION, FORM OF GOVERNMENT, POWERS
Section 1-1  Incorporation.
The city of Seminole, Oklahoma, within the corporate limits as now established or as hereafter may be established, shall continue to be a municipal body politic and corporate in perpetuity under the name of the "City of Seminole, Oklahoma". It shall succeed to and possess all the property, rights, privileges, franchises, powers and immunities now belonging to the corporation known as the city of Seminole, Oklahoma, and shall be liable for all debts and other obligations for which the corporation is legally bound at the time this charter goes into effect.
Section 1-2  City Government.
All powers of the city shall be exercised in the manner prescribed by this charter, or, if the manner is not thus prescribed, then in such manner as the council may prescribe by ordinance.
Section 1-3  Power Of The City.
The city shall have all powers, functions, rights, privileges, franchises, and immunities granted to cities by the state constitution and law, and all the implied powers necessary to carry into execution all the powers granted. Except as prohibited by the state constitution or law, the city shall have all municipal powers, functions, rights, privileges, franchises, and immunities of every name and nature whatsoever. The city shall have power to adopt a corporate seal and alter it at pleasure, to sue and to be sued, and to make contracts. It shall have power to acquire property within or without its corporate limits for any city purpose, including public utilities, works and ways, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, condemnation, or other legal means, and to hold, maintain, improve, enlarge, manage, control, operate, lease, sell, convey, or otherwise dispose of, such property as its interests may require, including public utilities, works, and ways. It shall have power to incur indebtedness and to issue bonds within the limitations prescribed by state constitution.
It shall have power to accept and administer federal and state grants-in-aid and to do everything necessary to accomplish the purpose or purposes for which such grants may be made. It shall have power to ordain and to enforce local legislation for the proper organization and functioning of the city government, for the preservation and enforcement of good government and order, for the protection of health, life, morals, and property, for the prevention, summary abatement, and removal of nuisances, and otherwise for the promotion of the common welfare. It shall have power to grant, extend, and renew franchises in accordance with the state constitution.
The enumeration or mention of particular powers by this charter shall not be deemed to be exclusive or limiting and in addition to the powers enumerated or mentioned, herein, or implied hereby, the city shall have all powers which, under the state constitution and law, it would be competent for this charter specifically to enumerate or mention.
Provisions of state law relating to matters which may be regulated by cities operating under charters shall be in effect only insofar as they are applicable and are not superseded by this charter or by ordinance.
ARTICLE II
OFFICERS
Section 2-1  Elective Officers.
The elective officers of the city shall be a mayor, elected at large and two (2) councilmen from each ward. There shall be four (4) wards.
Section 2-2  Compensation Of Elective Officers.
The mayor and council may by ordinance determine the compensation of such elective officers, provided, any compensation established within the fiscal year shall not be payable within the same fiscal year. Elective officers may be reimbursed for expenses incurred in the discharge of their official duties.
Section 2-3  Appointive Officers.
The appointive officers of the city shall be a city manager, a fire chief, a police chief, a city clerk, a city treasurer, a city attorney, a municipal judge, and such subordinate officers as the mayor and council shall deem necessary for the efficient operation of the city. The city manager, city attorney, city clerk, city treasurer and municipal judge shall be appointed by the mayor and council. All remaining officers and heads of departments shall be appointed by the city manager.
Section 2-4  Compensation Of Appointive Officers.
Appointive officers shall receive such compensation as may be set by mayor and council by motion duly made and passed or by inclusion in annual appropriation bill.
Section 2-5  Leave Of Absence.
Any officer other than the city manager desiring to be temporarily absent from duty shall comply with rules and regulations adopted by the mayor and council. In the absence of such rules, absence from duty shall be approved by the city manager.
Section 2-6  Vacancies.
All officers elected shall be qualified electors of the city, and all councilmen shall be actual residents of the ward from which they may be elected, and the removal of any officer from the city or of any councilman from the ward from which he was elected, shall cause a vacancy in the office.
Section 2-7  Delivery To Successor.
Every officer and employee shall, upon going out of office or when employment shall cease, deliver to his successor all books, papers, furniture, tools, equipment and other things pertaining to his office or employment.
ARTICLE III
MAYOR
Section 3-1  Presiding Officer.
The mayor shall preside at all meetings of the council, and shall have a casting vote when the council is equally divided, and shall take care that the provisions of this charter are complied with.
Section 3-2  Sign Commissions And Approve Bonds.
The mayor shall sign the commissions and appointments of all officers, elected or appointed, and endorse the approval of all official bonds approved by the mayor and council.
Section 3-3  Sign Warrants.
The mayor shall sign all orders and warrants drawn upon the treasurer for money.
Section 3-4  Veto Power.
The mayor shall have the power to sign or veto any city ordinance passed by the council, provided that any ordinance vetoed by the mayor may be passed over his veto by vote of two-thirds (2/3) of all the members of the council, notwithstanding the veto, and should the mayor neglect or refuse to sign any ordinance or return the same with his objections in writing at the next meeting of the council, the same shall become law without his signature.
Section 3-5  May Call Upon Citizens For Aid.
The mayor is hereby authorized to call upon every male inhabitant of the city, over eighteen (18) years of age, and under the age of fifty (50) years, to aid in enforcing the laws.
Section 3-6  Vacancy.
When any vacancy shall happen in the office of mayor, the president of the council, for the time being, shall exercise the duties of the office of mayor, until the vacancy is filled. In case of a vacancy in the office of mayor more than six (6) calendar months to the next election, the person acting as mayor shall cause an election to be held, giving ten (10) days' notice thereof by proclamation.
Section 3-7  Power Of Appointment.
The mayor shall appoint, by and with the consent of the council, all officers and board and commission members whose appointments are not otherwise provided for by this charter or by law, and whenever a vacancy shall happen in any office which by this charter or by law he is empowered to fill, he shall, within thirty (30) days after the happening of such vacancy, communicate to the council the name of his appointee to the office, and pending the concurrence of the council in such appointment, the mayor may appoint some suitable person to discharge the duties of the office until the next meeting of the council. All officers so appointed by the mayor and council shall hold their offices until their successors are chosen and qualified unless sooner removed.
ARTICLE IV
COUNCIL MEETINGS
Section 4-1  Council Meetings.
The council shall provide by ordinance the date, hour and place of regular monthly meetings. Special meetings may be called by the mayor, or in the absence of the mayor, by the president of the council, or upon request or notice, in writing, signed by at least three (3) members of the council, specifying the object and purpose of the meeting, which shall be read at the meeting and entered at length in the journal, and no business shall be transacted at the meeting except that specified in the request. In all cases, it shall require a majority of the councilmen elected to constitute a quorum to do business.
Section 4-2  President Of The Council.
The council shall elect one of its own body who shall be styled the president of the council, and who shall preside at all meetings of the council in the absence of the mayor, and in the absence of the president, the council shall elect one of its own body to occupy the place temporarily, who shall be styled the acting president of the council and the president and acting president, when occupying the place of the mayor shall have the same privileges of other members of the council and all acts of the president or acting president, while so acting, shall be as binding upon the council and upon the city as if done by the mayor.
Section 4-3  Resignation.
The resignation of any member of the council shall be addressed in writing to the presiding officer of the council and shall not take effect until accepted by a majority vote of the members present.
Section 4-4  Vacancy.
In case of a vacancy in the office of councilman from any ward, the mayor shall appoint, with the consent of the council, a person residing in the ward in which the vacancy occurs, who shall hold office for the unexpired term.
Section 4-5  Powers.
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 mayor and council. Without limitation of the foregoing, the council shall have power, subject to state constitution, law and this charter:
   1.   To appoint and remove the city manager;
   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, salaries and wages and all other fiscal affairs of the city;
   4.   To inquire into the conduct of any office, department, or agency of the city, and investigate municipal affairs;
   5.   To grant pardons, as recommended by the mayor, for violations of the charter and ordinances, including the remission of fines and costs;
   6.   To regulate elections, the initiative and referendum, and recall;
   7.   To regulate the organization, powers, duties, and functions of the municipal court;
   8.   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.
Section 4-6  Council Not To Interfere In Appointments And Removals.
The mayor and members of the city council shall not use undue influence or pressure in the appointment or removal to or from employment by the city. Except for the purpose of inquiry, or as a member of a personnel board, the mayor and council shall deal with the administrative service through the city manager.
Section 4-7  City Clerk To Be Clerical Officer Of The Council.
The city clerk, hereinafter provided for, 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.
Section 4-8  Absences To Terminate Membership.
If the mayor or any councilman shall be absent, without excuse, from more than one-half (1/2) of all the meetings of the council, regular and special, held within any period of four (4) consecutive calendar months, he shall thereupon cease to hold office.
Section 4-9  Removal.
The mayor or any councilman 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 by recall as provided in this charter.
ARTICLE V
ORDINANCES
Section 5-1  Enacting Clause.
The enacting clause of all ordinances passed by the council shall be, "Be it ordained by the people of the City of Seminole, Oklahoma", and of all ordinances proposed by the voters under their power of initiative, "Be it ordained by the people of the City of Seminole, Oklahoma".
Section 5-2  Passage, When In Effect.
Every 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. Within ten (10) days after its passage, every ordinance, except an emergency ordinance, shall be published in full or by number and title in a newspaper of general circulation within the city. Every ordinance, except an emergency ordinance, so published, shall become effective thirty (30) days after its final passage 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.
Section 5-3  Emergency.
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 part of its title, the words, "and declaring an emergency" and in a separate section, herein called the emergency clause, shall declare the emergency. An affirmative vote of at least six (6) councilmen shall be required for the passage of an emergency ordinance. An emergency ordinance shall take effect upon passage unless it specifies a later time.
Section 5-4  Adoption By Reference.
The council by ordinance may adopt by reference specific codes, ordinances, standards, and regulations relating to building, plumbing, electrical installations, health and safety, 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 three (3) copies shall be filed and kept in the office of the city clerk. (amd. Res. 2018-06,  - -2018)
Section 5-5  Codification.
The permanent general ordinances of the city shall be codified and published in book or pamphlet form or by use of a loose-leaf system, and the city council shall provide for keeping the code up-to-date. The ordinances and parts of ordinances included in the code may contain new matter provisions of the state constitution and law applicable to the city and 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.
ARTICLE VI
CITY MANAGER AND ADMINISTRATIVE DEPARTMENT
Section 6-1  City Manager: Appointment, Term, Qualification, Removal.
There shall be a city manager. He shall be nominated by the mayor for an indefinite term and shall be elected by a vote of at least six (6) members of the city council. He shall be chosen solely on the basis of his executive and administrative qualifications. At the time of his appointment, he need not be a resident of the city or state, but, during his tenure of office, he shall reside within the city. Neither the mayor, any councilman, nor any other elected city official now or hereafter elected or selected to fill a vacancy, may be appointed city manager or acting city manager during the term for which he is elected or one year thereafter. The council may suspend or remove the city manager at any time by a vote of a majority of all its members. The mayor shall give him a written statement of the reason for removal at least fourteen (14) days before removal becomes final and on request shall give him an opportunity for a public hearing thereon after the expiration of such time before removing him.
Section 6-2  Power And Duties.
The city manager shall be chief administrative officer and head of the administrative branch of the city government. He shall execute the laws and ordinances and administer the government of the city and shall be responsible therefor to the mayor and council. He shall:
   1.   Appoint and when deemed necessary for the good of the service lay off, suspend, demote, or remove any head of administrative departments and employees of the city except as otherwise provided by ordinance or this charter.
   2.   Supervise, directly or indirectly, all administrative departments, agencies, officers, and employees.
   3.   Prepare a budget annually and submit it to the council, be responsible for the administration of the budget after it goes into effect, and recommend to the council from time to time any necessary changes in the budget.
   4.   Submit to the council a report monthly and at the end of the fiscal year on the finances and administrative activities of the city.
   5.   Keep the council advised of the financial condition and future needs of the city and make such recommendations to the council all matters of policy and other matters as necessary.
   6.   Have such other powers, duties and functions as this charter may prescribe and such powers, duties and functions consistent with this charter as the mayor and council may prescribe.
Section 6-3  Administrative Departments, Offices And Agencies.
There shall be such administrative departments, offices and agencies as this charter establishes and as the mayor and council may establish.
ARTICLE VII
FISCAL AFFAIRS
Section 7-1  City Clerk: Office Created, Duties.
There shall be a city clerk, who shall be an officer of the city appointed for an indefinite term by the city council and administered by the city manager. The city clerk shall collect or receive revenue and other money for the city treasurer and shall keep adequate records thereof. He shall have such other powers, duties and functions as may be prescribed by the charter, by applicable law, or by ordinance.
Section 7-2  City Treasurer: Duties.
There shall be a city treasurer appointed for an indefinite term by the city council. The city treasurer shall receive all city funds from all sources of city activities and shall deposit such funds received for the city in such depositories as the city council may designate. The city treasurer shall report quarterly to the city council the amounts of all city funds deposited, invested or on hand at the end of the quarter and this report shall include the name and location of depositories in which city funds are deposited or invested. The city treasurer shall maintain a general accounting system for the city government, or may set up such a system in the city clerk's department. He shall cosign all city warrants. He shall have such other powers, duties and functions as may be prescribed by the charter, by applicable law or by ordinance and such officer may be a full time employee of the city.
Section 7-3  Purchases And Sales.
The city manager, subject to any regulations which the mayor and council may prescribe, shall contract for and purchase or issue purchase authorizations for all supplies, materials and equipment for the offices, departments and agencies of the city government. Every such contract or purchase exceeding an amount to be established by ordinance shall require the prior approval of the mayor and council. The city manager also may transfer to or between offices, departments and agencies, or sell surplus or obsolete supplies, materials and equipment subject to such regulations as the mayor and council may prescribe.
Before the purchase of or contract for any supplies, materials or equipment or the sale of any surplus or obsolete supplies, materials or equipment ample opportunity for competitive bidding shall be given under such regulations and with such exceptions as the mayor and council may prescribe; but the mayor and council shall not exempt an individual contract, purchase or sale from the requirement of competitive bidding. The council by ordinance may transfer some or all of the power granted to the city manager by this section to an administrative officer appointed by the city manager.
Section 7-4  Sale Of Property Valued At More Than Fifty Thousand Dollars.
The sale of any property, real or personal, including public utilities, or of any interest therein, the value of which is more than fifty thousand dollars ($50,000.00) shall be made only:
   1.   By authority of an affirmative vote of a majority of the qualified electors of the city who vote on the question of approving or authorizing the sale at an election; or
   2.   By authority of a special nonemergency ordinance. Such ordinance shall be published in full in a newspaper of general circulation within the city within ten (10) days after its passage and shall include a section reading substantially as follows: "Section         This ordinance shall be referred to a vote of the electors of the city if a legal and sufficient referendum petition is properly filed within thirty (30) days after its passage, otherwise it shall go into effect thirty (30) days after its passage".
Section 7-5  Public Trusts Authorized.
The purchase, construction, leasing, sale or conveyance of any property, real or personal, or of any interest therein, by or in conjunction with any public trust created by the government of the city of Seminole, which was not acquired through real or personal tax receipts, shall be made in conformity to state statutes governing such municipal trust authority and function.
Section 7-6  Public Improvements.
Public improvements may be made by the city government itself or by contract. The council shall award all contracts for such improvements; provided, that the council may authorize the city manager to award such contracts not exceeding an amount to be determined by the council, and subject to such regulations as the council may prescribe. Every contract for public improvement of such amount as the council may determine by ordinance, shall be awarded to the lowest and best responsible bidder after such notice and opportunity for competitive bidding as the council may prescribe, or as is required by law.(amd. Res. 2018-07, 3-13-2018)
Section 7-7  Fiscal Year.
The fiscal year of the city government shall begin on the first day of July and shall end on the last day of June of every calendar year.
Section 7-8  Independent Annual Audit.
The mayor and council shall designate a certified public accountant or accountants who shall make an independent audit of the accounts and evidences of financial transactions of the department of finance and of all other departments, offices and agencies keeping separate or subordinate accounts or making financial transactions as of the end of every fiscal year at least and who shall report to the council and the city manager. In lieu of the above, the council may arrange with an appropriate state authority for such an audit when and if permitted by law.
ARTICLE VIII
MUNICIPAL COURT
Section 8-1  Municipal Court.
There shall be a municipal judge, who shall be an officer of the city appointed by the mayor with the consent of the council for a term of two (2) years, as shall be provided by ordinance. Only the council may suspend or remove the municipal judge or an acting municipal judge, by a vote of a majority of all its members. The municipal judge shall have original jurisdiction to hear and determine all cases involving offenses against the charter and ordinances of the city. He shall be a resident lawyer and shall be paid a salary to be fixed by the mayor and council. Any appointment to fill a vacancy shall be for the unexpired term. The city attorney shall be the prosecuting officer of the court and the chief of police shall be ex officio marshal of the court. Provisions for jury trials and appeals shall be in conformity with the laws of the state of Oklahoma. The municipal judge shall keep a record of all proceedings of the municipal court, of the disposition of all cases, and of all fines and other money collected. The municipal judge may issue warrants of arrest and subpoenas, administer oaths and affirmations, make and enforce all proper orders, rules, judgments and punish for contempt. Nothing herein shall be construed to prevent the judge from engaging in the practice of law in any other court during his tenure of office.
ARTICLE IX
ELECTIONS
Section 9-1  Councilmen: Overlapping Terms Of Two Years; Elected By Ward; Nonpartisan Elections.
The terms of the first councilmen from wards one (1), two (2), three (3) and four (4) under this charter shall expire at seven thirty o'clock (7:30) P.M., on the first Friday in April, 1995. The terms of the second councilmen from wards one (1), two (2), three (3) and four (4), shall expire at seven thirty o'clock (7:30) P.M., on the first Friday in April, 1996. In each of these years and every year thereafter, the successors of those whose terms are expiring shall be elected for overlapping terms of two (2) years.
All councilmen shall be elected by ward, by the qualified electors of their respective wards; candidates for councilmen must be residents of their respective wards. Both the election and any runoff election shall be nonpartisan; and no party designation or emblem shall be placed on the ballots.
Nothing in this charter shall prohibit the use of voting machines. (amd. Res. 2004-22, 12-14-2004)
Section 9-2  Mayor: Term Of Two Years; Elected At Large; Nonpartisan Election.
The term of the mayor shall expire at seven thirty o'clock (7:30) P.M., on the first Friday in April, 1995. In the year and every two (2) years thereafter, a successor shall be elected for a two (2) year term. The mayor shall be elected at large by the qualified electors of the entire city.
Candidates for mayor shall be residents of the city. Both the election and any runoff election shall be nonpartisan and no party designation or emblem shall be placed on the ballot. (amd. Res. 2004-22, 12-14-2004)
Section 9-3  Election: Filing: Notification.
Any qualified person may have his name placed on the ballot as a candidate for councilperson or mayor by filing with the secretary of the Seminole County election board a sworn statement of his candidacy. The filing period shall begin at eight o'clock (8:00) A.M., the first Monday in December and shall end at five o'clock (5:00) P.M., on the following Wednesday. Not fewer than fifteen (15) days before the filing period of a regular election, or in the event of a special election, not fewer than sixty (60) days, the governing board of the municipality shall submit a resolution to the secretary of the county election board notifying the secretary of the offices for election and expiration of term. (Amendment; amd. Res. 2004-22, 12-14-2004)
Section 9-4  Election: Time.
A primary election shall be held on the second Tuesday of February every year to elect councilpersons to succeed those whose terms are expiring. However, in those years the presidential election is to be held, said primary election shall be held in conjunction with the annual school elections. If only one person is a candidate for an office to be filled, he shall be elected ipso facto, and his name shall not appear on the ballot. Every qualified elector of the city shall be entitled to vote for one candidate for mayor and one councilperson from his ward. (Amendment; amd. Res. 2004-22, 12-14-2004)
Section 9-5  Election: Who Elected.
In the election, if one of the candidates for an office receives a majority of all votes cast for that office, he alone shall be elected. If no candidate receives a majority of all votes cast, the two (2) candidates receiving the greatest number of votes shall be certified for the runoff election. In case of a tie, the candidate or candidates (as the case may be) for runoff shall be determined from among those tying, fairly by lot, by the county election board in a public meeting. If one of the two (2) candidates for the runoff election dies or withdraws before the runoff election, the remaining candidate shall be elected automatically, and his name need not appear on the ballot.
Section 9-6  Runoff Election: Time, When Not Held, Who Elected.
If, at the election provided for above, any office is not filled by majority election, there shall be a runoff election which shall be held on the first Tuesday in April. Every qualified elector of the city shall be entitled to vote for one of the two (2) candidates for councilperson from his ward and for one of the two (2) candidates for mayor but may not vote for any other person. The candidate for each office receiving the greater number of votes shall be elected. In case of a tie, the election shall be determined, fairly by lot, by the Seminole County election board in a public meeting. (Amendment; amd. Res. 2004-22, 12-14-2004)
Section 9-7  Registered Qualified Electors.
Only electors residing in the city who have the qualifications prescribed for electors by the state constitution and law, and who are registered as required by law, may vote in city elections.
Section 9-8  Political Activity Of Officers And Employees.
No officer or employee of the city except the mayor, councilmen and personnel who receive no compensation for their services, may work for or against, or attempt to influence the election, or defeat of any candidate for councilman or mayor, or the recall of any councilman or mayor; provided that this shall not prohibit the ordinary exercise of one's right to express his opinions and to vote. Any person who violates this provision shall be punished upon conviction thereof as provided by city ordinance. Such violation shall constitute cause for removal from office or employment and if the regular removal authority has not already removed a person who violates this provision, he shall be automatically removed by the said conviction of violating this provision effective at the expiration of his right of appeal or, in case of appeal, when the case if finally determined.
Section 9-9  State Constitution And Law To Govern.
The provisions of the state constitution and law applicable to city elections shall govern such elections in this city insofar as they are applicable and are not superseded by this charter or by ordinance. A proclamation of the mayor calling a special election need not (but may) set forth the names of the precinct officers who are to conduct the election, but shall give the locations of the polling places.
ARTICLE X
RECALL
Section 10-1  Recall Authorized.
Every incumbent of an elective office, whether elected by popular vote or appointed to fill a vacancy, is subject to removal by recall by the voters of the city. The procedure to effect such removal from office shall be as follows:
Section 10-2  Recall Petition.
Whenever a valid petition, as defined in this section, demanding the removal of one or more elected officers shall have been filed with the city clerk, it shall be the duty of the mayor of the city, within ten (10) days after certification by the city clerk, to issue a proclamation calling a special election, for the purpose of such recall only, setting forth the question to be voted upon, at such election, in a newspaper published and of general circulation within the city. A valid petition is defined for purposes of this section as one signed by a number qualified electors of the city equal to at least twenty-five per centum (25%) of the registered voters, who are, at the time the petition was filed, entitled to vote for a successor to the incumbent sought to be removed.
Such petition shall be secured from the city clerk and a declaration filed by those circulating said petition of the officer or officers against whom recall is sought and no one petition shall be effective against more than one (1) officer of the city. At the top of each page of said petition(s) there shall be a short statement of the reasons for which recall is being sought. The petition must be returned to the city clerk within thirty (30) days, Sundays and legal holidays excepted, of its initiation in order to be certified as valid. Failure to return the petition(s) within the proper time limits shall render them null and void.
Upon receipt of the petition(s), the city clerk shall inspect said petition(s) to see that all the signatures are valid and that they are those of registered voters eligible to vote for the office from which the officer's removal is sought. Such inspection by the city clerk shall be completed in not more than thirty (30) days. The city clerk shall certify the petition(s) once the required number of signatures are verified. (amd. Res. 2018-04, 3-13-2018)
Section 10-3  Recall Ballot.
The form of ballot at such special election shall be as follows:
Recall Of Elective Officers
Shall (name of officer) be removed from office of (name of office)?
[  ] YES
[  ] NO
The voter who desires to vote for the removal of the officer shall stamp in the square to the left of the word "YES". The voter who desires to vote for the retention in office of the officer shall stamp in the square to the left of the word "NO".
If a majority of the duly qualified electors voting at such election shall vote "YES", the officer shall be deemed removed and his office vacated. If a majority of such electors shall vote "NO", such officer shall continue to serve as such.
Section 10-4  Recall Election.
Such special election shall in all respects be conducted, returned, and the result thereof declared as provided by the constitution and laws of the state of Oklahoma in force at the time of such election.
Section 10-5  Recall Time Limitations.
No recall petition shall be filed against any officer until he shall have held his office for at least four (4) months; nor within six (6) months after an election has been held upon a previous petition for recall of the same officer.
Section 10-6  Persons Recalled Or Resigning.
No person who has been recalled from an office, or who has resigned from such office while recall proceedings were pending against him, shall be appointed to an office or employment of the city within one year after such recall or resignation.
Section 10-7  Amendments, Regulations.
The city council may by ordinance make such further regulations as may be necessary to carry out the provisions of this article. The method of removal by recall is cumulative and not exclusive.
ARTICLE XI
OFFICERS AND EMPLOYEES GENERALLY
Section 11-1  Appointments, Removals.
Appointments and promotions in the service of the city shall be made solely on the basis of merit and fitness; layoffs, suspensions, demotions and removals shall be made solely for the good of the service. At least all full time regular (that is, nontemporary) officers and employees subordinate to the city manager, except members and secretaries of boards and other plural authorities, shall be in the classified service. The mayor or council, by ordinance and/or personnel rules, shall have power further to define the classified service and otherwise to regulate personnel matters.
Section 11-2  Qualifications Of Officers And Employees.
Officers and employees of the city shall have the qualifications prescribed by this charter and such additional qualifications as the mayor and council may prescribe; but the mayor and the council shall not prescribe additional qualifications for mayor or councilmen.
Section 11-3  Holding More Than One Office.
Except as may be otherwise provided by this charter or by ordinance, the same person may hold more than one office in the city government. The city manager may hold more than one such office, through appointment by himself, by the mayor and council, or by other city authority having power to fill the particular office, subject to any regulations which the mayor and council may make by ordinance; but he may not receive compensation for service in such other offices. Also, the mayor and council by ordinance may provide that the city manager shall hold ex officio designated offices subordinate to the city manager as well as other designated compatible city offices, notwithstanding any other provision of this charter.
Section 11-4  Official Bonds.
The city manager, the city clerk, the city treasurer and such other officers and employees as the mayor and council may designate, before entering upon their duties, shall provide bonds for the faithful performance of their respective duties, payable to the city, in such form and in such amounts as the mayor and council may prescribe, with a surety company authorized to operate within the state. The city shall pay the premiums of such bonds.
Section 11-5  Oath Or Affirmation Of Office.
Every officer of the city, before entering upon the duties of his office, shall take and subscribe to the oath or affirmation of office as follows:
"I,                     do solemnly swear (or affirm) that I will faithfully execute the office of                     and will to the best of my ability preserve, protect and defend the Constitution of the United States, the Constitution of the State of Oklahoma, and the Charter of the City of Seminole, Oklahoma."
The oath or affirmation shall be filed in the city clerk's office.
Section 11-6  Who May Administer Oaths And Affirmations.
All officers authorized by federal or state law, the mayor, the city manager, the city clerk, the city attorney, the municipal judge, and such other officers as the mayor and council may authorize, may administer oaths and affirmations in any matter pertaining to the affairs and government of the city.
Section 11-7  Acting Officers And Employees.
The appointing authority who may appoint the successor of an officer or employee may appoint a person to act during the temporary absence, leave, disability, or suspension of such officer or employee, or, in case of a vacancy, until a successor is appointed and qualifies, unless the council provides by general ordinance that a particular superior or subordinate of such office or employee shall act. The council shall by general ordinance provide for a deputy to act in such cases. Also an acting municipal judge may be appointed to serve in any case or proceeding for which the municipal judge is disqualified.
Section 11-8  Officers To Continue Until Successors Are Elected Or Appointed And Qualify.
Every officer who is elected or appointed for a term ending at a definite time shall continue to serve thereafter until his successor is elected or appointed and qualifies unless his services are sooner terminated by resignation, removal, disqualification, death, abolition of the office or other legal manner.
ARTICLE XII
GENERAL AND MISCELLANEOUS PROVISIONS
Section 12-1  Feminine Gender.
When the masculine gender is used in this charter, it shall also mean the feminine unless the masculine alone is clearly indicated.
Section 12-2  Initiative And Referendum.
The powers of the initiative and referendum are reserved to the people of the city; in the exercise of these powers, the requirements of the state constitution and law shall be observed.
Section 12-3  Publicity Of Records.
All records and accounts of every office, department, or agency of the city government except records and documents, the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish, shall be open to public inspection.
ARTICLE XIII
AMENDMENT AND SEPARABILITY OF CHARTER
Section 13-1  Amendment Proposal, Ratification, Approval.
This charter may be amended by proposals therefor submitted by the council, or by the mayor upon initiative petition of the electors as provided by the state constitution, at a general or special election, ratified by a majority of the qualified electors voting thereon, and approved by the governor as provided by the state constitution. If more than one amendment is proposed, all of them except those which are so interrelated that they should be ratified or rejected together, shall be submitted in such manner that the electors may vote on them separately. A proposition that amends this charter may be either in the form of a proposed amendment to a part or parts of the charter or of a proposed new charter.
Section 13-2  Separability.
If a court of competent jurisdiction shall hold any section or part of this charter invalid, such holding shall not affect the remainder of this charter nor the context in which such section or part so held invalid may appear, except to the extent that an entire section or part may be inseparably connected in meaning and effect with the section or part. If a court of competent jurisdiction holds a part of this charter invalid, or if a change in the state constitution or law renders a part of this charter invalid or inapplicable, the council by ordinance may take such appropriate action as will enable the city government to function properly.
ARTICLE XIV
SUCCESSION IN GOVERNMENT
Section 14-1  Inauguration Of Government Under This Charter.
If a majority of the qualified electors of the city voting on the question vote to ratify this charter, it shall go into full effect and the government provided by it shall be inaugurated on the first day of the month next succeeding the month in which it is approved by the governor of the state of Oklahoma.
Section 14-2  Mayor And Councilmen To Continue In Office.
The mayor and all councilmen shall continue in office under the provisions of this charter until their present term expires or their removal as provided by this charter.
Section 14-3  Chief Of Police, City Clerk, City Treasurer; Terms Expire.
Upon the date this charter takes effect, the elected terms of the chief of police, the city clerk and the city treasurer shall expire. Upon that date each of these officers shall assume their former duties as the appointed official to their respective office, to serve until their removal as provided by this charter.
Section 14-4  Boards, Departments And Commissions Continued.
All of the boards, departments and commissions in existence under the old form of government shall continue in force and those persons serving on said boards, departments and commissions shall continue to hold their respective offices; provided, that insofar as is consistent with this charter and state statute, the power, duties and responsibilities of each such board, department or commission shall be determined by the mayor and council.
Section 14-5  Ordinances Continued.
The city ordinances code of this city and all ordinances of the city shall continue in effect, insofar as they are not inconsistent with this charter, until they are repealed or until they expire of their own limitations.
Section 14-6  Officers And Employees Continued.
All appointive officers and employees of the municipality under the old form of government who hold offices and positions which continue under this charter, shall continue in the offices and employment which they respectively hold after this charter goes into effect, until their respective terms expire or until their services are terminated in accordance with the provisions of this charter and ordinances relating to the creation, change and abolition of officers and removal of officers and employees.
Section 14-7  Pending Actions And Proceedings.
The adoption of this charter shall not abate or otherwise affect any action or proceeding, civil or criminal, pending when it takes effect, brought by or against the municipality or any office, department, agency or officer thereof.
Section 14-8  Charter Review Commencing 2000.
This charter shall be reviewed by a committee appointed by the mayor of Seminole, Oklahoma, no less frequently than once every five (5) years. The review shall be for the purpose of considering the need for changes and/or amendments to the existing city charter.
CERTIFICATE OF FREEHOLDERS
State of Oklahoma   )
Seminole County   ) ss
City of Seminole   )
BE IT KNOWN, that the City of Seminole, County of Seminole, State of Oklahoma, containing a population of more than two thousand (2,000) inhabitants, at an election held on the eleventh (11th) day of September 1970, under the provisions of Section 3 (1) of Article XVIII of the Constitution of the State of Oklahoma, did, pursuant to law, elect a Board of Freeholders, two (2) being selected from each of the four (4) Wards of said City to prepare, suggest, and propose a Charter for said City to be executed in duplicate and filed within ninety (90) days from the date of said election, one copy of which is to be filed with the Chief Executive Officer of said City and the other to be filed with the County Clerk (Register of Deeds of said County).
The undersigned members of said Board of Freeholders do hereby certify that in pursuance of the Constitution and Laws of the State of Oklahoma, we did meet and organize and in perfecting said organization did elect John Marshall to act and preside as Chairman of said Board, and did at the same time elect W.C. Wantland to act as Secretary of said Board, and from time to time have held meetings and have proposed, formulated and filed a proposed Charter within ninety (90) days from the date of our election consisting of the various articles and sections embraced and contained all thereof within and upon the foregoing and preceding twenty-three (23) pages, as the Charter for adoption by the qualified electors of said city of Seminole do hereby propose the foregoing, consisting of twenty-three (23) pages, as the Charter of the City of Seminole, which we and each of us, do hereby sign in duplicate as and for the Charter of said City of Seminole.
IN WITNESS WHEREOF, We have hereunto set our hands in duplicate this the twenty-sixth (26th) day of September, 1970.
   Ward One:   Ward Three:
   Carl Koger   John Marshall
   Earl Austin   Bob Sullivan
   Ward Two:   Ward Four:
   W.C. Wantland   Dr. H.F. Simpson
   Leon Davis   Cecil Dollar
Subscribed and sworn to before me this 25th day of September, 1970.
      /s/ Lavon Schulze
        Notary Public
My Commission Expires:
3/25/73
   CERTIFICATE OF CITY COUNCIL
The undersigned members of the City Council of the City of Seminole, County of Seminole, State of Oklahoma do hereby certify that the above Charter was Amended by a vote of the qualified voters on March 14, 2000.
IN WITNESS WHEREOF, we hereunto set our hands this 14th day of March, 2000.
   Ward One:
   Evelyn Hammond-Willingham    /s/
   Chris Hammon, Jr.   /s/
   Ward Two:
   Darren Frederick   /s/
   Bill Benn   /s/
   Ward Three:
   Matt Riffle   /s/
   Kenny Pryor   /s/
   Ward Four:
   Mike McCreight   /s/
   David Zehren   /s/
   Mayor, Vicki Spears   /s/
   City Attorney, Ed Cadenhead   /s/
ATTEST:
   /s/ Diane Johnson, City Clerk
   Subscribed and sworn to before me this 14th day of March, 2000.
   /s/ Belinda Adams, Notary Public
   My Commission Expires:
   5/28/01