Charter election: Nov. 3, 2020

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Oklahoma City residents voted Nov. 3, 2020, to approve nine amendments to the City Charter that are primarily intended to modernize wording, address inconsistencies and resolve discrepancies with state law. There were no tax issues on the ballot.

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Background

The City Charter is like the City’s constitution, and it can only be changed by voters. Mayor David Holt appointed a Charter Update Committee to consider a wide range of potential Charter amendments. The committee met from February to June 2020, and formally proposed nine amendments. The committee members were:

Ward 8 Councilman Mark K. Stonecipher (co-chair)
Sharon Voorhees (co-chair)
Leslie Batchelor
Miriam Campos
Ward 2 Councilperson James Cooper
Stan Evans
Rachel Pappy

The amendments were introduced during the City Council meeting on Aug. 4, and the final hearing was Aug. 18.

About the amendments

There are nine Charter amendments. Voters considered them as separate propositions with a “yes” or “no” vote. Each required a simple majority to pass.

Proposition 1

The first Charter amendment makes minor changes regarding elections for Mayor and Council:

The name of the February “primary” election becomes the “general” election, and April’s “general” election becomes the “runoff” election.
Councilmembers and the Mayor take office four weeks after the “runoff” (currently “general”) election, instead of one week.
Requirements for election notices and candidacy declarations are changed to comply with current state law, which already superseded the Charter’s outdated language.

This proposition amends Article II, Section 2, and Article X, Sections 1-3 of the Charter.

Proposition 2

This amendment affects qualifications to run for Mayor or a City Council seat:

The description of the requirements is reformatted to make it easier to read.
Candidates are required to live in Oklahoma City for at least 1 year before filing for office. The Charter previously required at least 3 years of residency, which federal courts have ruled is too long and unreasonably restricted the right to run for office. For years, City elections therefore relied on a state law to set the residency requirement at 6 months. This amendment sets a new Charter requirement of 1 year, which is compatible with state law and is frequently upheld in federal court.
Candidates are required to be a registered voter in Oklahoma City for the year immediately preceding a formal declaration of candidacy.
Candidates for Council seats are also required to be registered to vote in the Ward in which they are running for at least one year before a formal declaration of candidacy.

This proposition amends Article II, Section 6 of the Charter.

Proposition 3

This proposition extends the time period from 15 days to 30 days to call a special election, or to appoint a temporary Mayor, if the office is vacant. It makes the time period consistent with the same requirement for vacant Council seats. Appointment of a temporary Mayor can only occur if the vacancy is in the last year of the term.

This proposition amends Article II, Section 10 of the Charter.

Proposition 4

Proposition 4 amends an outdated requirement for Council meetings to match the current practice of setting meeting schedules by ordinance. The Council meets every other Tuesday.

This proposition amends Article II, Section 11 of the Charter.

Proposition 5

This amendment allows the Mayor or a Councilmember to provide information to the City Manager about a City employee’s job performance. The information is required to be based on direct personal knowledge, or a signed, written statement from a resident.

The Charter prohibits the Mayor or Councilmembers from giving orders to City Manager subordinates, and from directing or requesting appointment or removal of a City employee. The narrow change in Proposition 5 explicitly provides a way for the Mayor and Councilmembers to provide positive or negative feedback without violating the Charter.

This proposition amends Article IV, Section 4 of the Charter.

Proposition 6

This clarifies who is in the City’s Division of Public Affairs, which is under the direct control of the City Council.

It includes the City Manager, Municipal Counselor, City Auditor, Municipal Court judges, and all City boards, commissions and committees created by the Mayor and Council.

This proposition amends Article IV, Section 6 of the Charter.

Proposition 7

This changes the term “Councilman” to “Councilmember” or “Councilor” where the Charter refers to Council representatives.

This proposition enacts a new Section 11 in Article IX of the Charter that directs the City Clerk to work with the Municipal Counselor to make the changes throughout the Charter.

Proposition 8

This amends the section of the Charter granting powers to the City government, and reformats it into five subsections for easier reading. It also adds the word “welfare” to the list of powers for enacting and enforcing ordinances “to protect health, safety, welfare, life or property.”

This proposition amends Article I, Section 3 of the Charter.

Proposition 9

This amendment re-words a section heading and more clearly states its apparent, original intent to prevent improper transactions related to certain businesses, and City franchise agreements.

It prevents City employees and officers from accepting things of value on terms unavailable to the general public from privately-owned transportation businesses and utilities. It allows for franchises and contracts to be conditioned upon free service for City employees and officers while engaged in official duties.

This proposition amends Article IV, Section 12 of the Charter.