CHARTER

OF THE

CITY OF DUNCAN, OKLAHOMA


PREAMBLE

ARTICLE 1
INCORPORATION; FORM OF GOVERNMENT; POWERS

Section 1-1 Incorporation
Section 1-2 Form Of Government
Section 1-3 Powers Of The City

ARTICLE 2
THE COUNCIL

Section 2-1 Councilmen: Number, Election, Term, Qualifications
Section 2-2 Mayor And Vice-Mayor
Section 2-3 Councilmen: Compensation
Section 2-4 Council: Powers
Section 2-5 Council Not To Interfere In Appointments And Removals
Section 2-6 City Clerk
Section 2-7 Council: Induction Into Office, Meetings
Section 2-8 Council: Absences To Terminate Membership
Section 2-9 Council: Removal
Section 2-10 Council: Vacancies
Section 2-11 Council: Quorum, Rules, Yeas And Nays
Section 2-12 Ordinances: Enacting Clause
Section 2-13 Ordinances: Passage; When In Effect
Section 2-14 Ordinances: Emergency
Section 2-15 Ordinances: Adoption By Reference
Section 2-16 Ordinances: Codification

ARTICLE 3
CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS

Section 3-1 City Manager: Appointment, Term, Qualifications, Removal
Section 3-2 Acting City Manager
Section 3-3 City Manager: Powers And Duties
Section 3-4 Administrative Departments, Offices And Agencies
Section 3-5 Library Board

ARTICLE 4
DEPARTMENT OF FINANCE; FISCAL AFFAIRS

Section 4-1 City Treasurer: Office Created, Duties
Section 4-2 Purchases And Sales
Section 4-3 Sale Of Utilities And Of Property Valued At More Than $10,000
Section 4-4 Public Improvements
Section 4-5 Fiscal Year
Section 4-6 Independent Annual Audit; Inventory System

ARTICLE 5
PUBLIC UTILITIES

Section 5-1 Electric Utility: Operation And Accounting
Section 5-2 Other Utilities And Enterprises: Operation And Accounting

ARTICLE 6
MUNICIPAL COURT

Section 6-1 Municipal Court

ARTICLE 7
NOMINATIONS AND ELECTIONS

Section 7-1 Overlapping Terms: Nominated And Elected At Large: Nonpartisan Elections
Section 7-2 Filing (Rep. by Res. 1518, 8-11-2009)
Section 7-3 Only One Candidate
Section 7-4 Primary Election: Who Nominated Or Elected (Rep. by Res. 1520, 8-11-2009)
Section 7-5 General Election: Time, When Not Held, Who Elected
Section 7-6 Political Activity Of Officers And Employees
Section 7-7 State Constitution And Law To Govern

ARTICLE 8
MISCELLANEOUS PROVISIONS

Section 8-1 Feminine Gender
Section 8-2 Initiative And Referendum
Section 8-3 Merit System
Section 8-4 Qualifications Of Officers And Employees
Section 8-5 Nepotism, Compatibility Of Offices
Section 8-6 Bonds
Section 8-7 Oath Of Office
Section 8-8 Who May Administer Oaths
Section 8-9 Removal Of Officers And Employees
Section 8-10 Acting Officers And Employees
Section 8-11 Separability Clause

ARTICLE 9
AMENDMENT

Section 9-1 Amendment: Proposal, Ratification, Approval
Section 9-2 Amendment: Board Of Freeholders
Section 9-3 Wards
Section 9-4 New Charter To Go Into Effect When Approved By Governor
Section 9-5 Ordinances Continued
Section 9-6 Officers And Employees Continued
Section 9-7 Pending Actions And Proceedings

ARTICLE 10

ARTICLE 11
RECALL OF ELECTED OFFICIALS

(Adopted March 1986)

Section 11-1 Recall Authorized
Section 11-2 Recall Petition
Section 11-3 Recall Election: Council To Order
Section 11-4 Recall Election: How Held
Section 11-5 Person Recalled Or Resigning


CHARTER

OF THE

CITY OF DUNCAN, OKLAHOMA

PREAMBLE

We, the people of the city of Duncan, 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 amend the heretofore existing charter of the city of Duncan, Oklahoma, by repealing it and substituting in lieu thereof, this charter of the city of Duncan; and do hereby ordain, ratify and establish this charter of the city of Duncan, Oklahoma, as the organic law of the city.

ARTICLE 1
INCORPORATION; FORM OF GOVERNMENT; POWERS

Section 1-1 Incorporation.

The city of Duncan, Oklahoma, within the corporate limits as now established or as hereafter established, shall continue to be a municipal body politic and corporate in perpetuity under the name of the "City of Duncan, 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 Duncan, Oklahoma; and shall be liable for all debts and other obligations for which the corporation is now legally bound.

Section 1-2 Form Of Government.

The municipal government provided by this charter shall be known as the "council-manager 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 Powers Of The City.

1. 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 increased to carry into execution all the law granted. Except as prohibited by the state constitution and law, the city shall have all municipal powers, functions, rights, privileges, franchises and immunities of every name and nature whatsoever;

2. The city shall have power to adopt a corporate seal and to 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 issue bonds in the manner and within the limitations prescribed by the state constitution and law. It shall have power, within the limits prescribed by the state constitution and law, 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, consistent with the state constitution and law, 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 and law;

3. The enumeration of particular powers by this charter shall not be deemed to be exclusive or limiting; and in addition to the powers enumerated 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; and

4. 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 2
THE COUNCIL

Section 2-1 Councilmen: Number, Election, Term, Qualifications.

There shall be a council of five members, which shall consist of the mayor as ex officio councilman at large and one councilman from each of the four wards of the city as the wards are now constituted or as they may hereafter be constituted by ordinance. The electors shall elect them as provided in this charter for a term of three years and until their successors have been elected and take office. Only qualified electors of the city shall be qualified for the office of mayor and ex officio councilman at large. Only qualified electors residing in the city and in the wards from which they are respectively elected shall be qualified for the offices of councilmen from the wards; and removal of such councilman from the ward from which he was elected to another ward shall disqualify him from completing the term for which he was elected. Neither the mayor nor any other councilman may hold any office or position in the city government by appointment by the city manager.

Section 2-2 Mayor And Vice-Mayor.

1. The mayor shall preside at meetings of the council and shall certify to the correct enrollment of all ordinances and resolutions passed by it. He shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law. As councilman at large, he shall have all the powers, rights, privileges, duties and responsibilities of councilmen. He shall have no regular administrative duties except that he shall sign such written obligations of the city as the council may require. If a vacancy occurs in the office of mayor when the office of vice-mayor is vacant, the council shall elect a qualified elector of the city, who may or may not already be a councilman at the time, to be mayor for completion of the unexpired term; and

2. Every year, at the first meeting after the time for the beginning of the term of a newly elected mayor or councilmen or as soon thereafter as practicable, the council shall elect one of its members vice-mayor, who shall serve as such until the next such first meeting. The vice-mayor shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs in the office of mayor, shall become mayor and ex officio councilman from that ward for the completion of the unexpired term. If by succession to the office of mayor or otherwise the office of vice-mayor becomes vacant, the council shall elect from its members another vice-mayor for the completion of the unexpired term.

Section 2-3 Councilmen: Compensation.

Neither the mayor nor any other councilman may receive any compensation as such or for any other service rendered the city, other than expenses.

Section 2-4 Council: 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 council. Without limitation of the foregoing, the council may:

1. Appoint and remove the city manager as provided in this charter;

2. By ordinance enact municipal legislation;

3. Raise revenue, make appropriations, regulate bond elections, the issuance of bonds, sinking funds, the refunding of indebtedness, salaries and wages, and all other fiscal affairs of the city; subject to the provisions of the state constitution and law and this charter;

4. 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. Inquire into the conduct of any office, department or agency of the city, and investigate municipal affairs;

6. 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 prescribe the method of appointing or electing and removing them;

7. Grant pardons, including the remission of fines and costs;

8. Regulate elections and the initiative and referendum within the limits prescribed by the state constitution and law and this charter;

9. Regulate the organization, powers, duties and functions of the municipal court and of the minor violations bureau, when and if established, within the limits prescribed by the state constitution and law and this charter; and

10. Create, change and abolish all offices, departments and agencies of the city other than the offices, departments and agencies created by this charter; and assign additional powers, duties and functions to offices, departments and agencies created by this charter.

Section 2-5 Council Not To Interfere In Appointments And Removals.

Neither the mayor, the council nor any of its members may direct or request the appointment of any person to, or his removal from, office or employment by the city manager or by any other authority, or, except as provided in this charter, participate in any manner in the appointment or removal of officers and employees of the city. Except for the purpose of inquiry, the mayor, the council and its members shall deal with the administrative service solely through the city manager; and neither the mayor, the council nor any member thereof may give orders on administrative matters to any subordinate of the city manager either publicly or privately.

Section 2-6 City Clerk.

1. The city treasurer shall be ex officio city clerk, and an acting city treasurer shall be ex officio acting city clerk. In the absence from a meeting of the city clerk and acting city clerk if any, the council may appoint an acting city clerk to serve for that particular meeting.

2. The city clerk shall keep the journal of the proceedings of the council; 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; shall attest, and affix the seal to, documents when required in accordance with applicable law or ordinance; and shall perform such other duties as the charter or the council may prescribe or direct. The city clerk, as such, does not collect revenue and other money for the city except as may be incidental to his duties as city clerk; in all other cases where the law or ordinances provide that money shall be paid to the city clerk, it shall be paid instead to the city treasurer as city treasurer.

Section 2-7 Council: Induction Into Office, Meetings.

The terms of office of the mayor and other councilmen shall begin at 7:30 o'clock P.M. on the first Monday in May following their election. The council shall hold a meeting at that time, and those whose terms are beginning shall be inducted into office. If the mayor-elect or any other councilman-elect fails to qualify within one month thereafter, his office shall become vacant and the council shall fill the vacancy. The council shall meet regularly at least monthly at such 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, the journal of its proceedings shall be open to public inspection.

Section 2-8 Council: Absences To Terminate Membership.

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 months, he shall thereupon cease to hold office.

Section 2-9 Council: Removal.

The mayor or any other 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.

Section 2-10 Council: Vacancies.

The council, by majority vote of its remaining members, shall fill vacancies in its own membership for the unexpired terms.

Section 2-11 Council: Quorum, Rules, Yeas And Nays.

A majority of all of the members of the council shall constitute a quorum, but a smaller number may adjourn from day to day. The council shall 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.

Section 2-12 Ordinances: Enacting Clause.

The enacting clause of all ordinances passed by the council shall be, "Be it ordained by the Council of the City of Duncan", and of all ordinances proposed by the voters under their power of initiative, "Be it ordained by the People of the City of Duncan".

Section 2-13 Ordinances: Passage; When In Effect.

Every proposed ordinance shall be read, and a vote of a majority of all the councilmen shall be required for the final passage of an ordinance. 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 or by title in a newspaper of general circulation within the city. Every ordinance except an emergency ordinance, shall become effective thirty days after its final passage unless it specifies a later time.

Section 2-14 Ordinances: 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. 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 section, shall declare the emergency. The council shall vote on the emergency section separately, and must adopt the section by a vote of at least four-fifths of all the members of the council, which vote shall be by yeas and nays and be entered in the journal. An emergency ordinance shall take effect upon publication unless it specifies a later time.

Section 2-15 Ordinances: Adoption By Reference.

The council by ordinance may adopt by reference codes, ordinances and standards relating to building, plumbing, electrical installations, milk and milk products, and other matters which it has power to regulate otherwise. Such a code, ordinance or standard 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 every such code, ordinances or standard in force for distribution or sale at their approximate cost.

Section 2-16 Ordinances: Codification.

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 and process of amendment, keeps 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 from the code. 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 adoption by council, but the code need not be enrolled in the book of ordinances.

ARTICLE 3
CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS

Section 3-1 City Manager: Appointment, Term, Qualifications, Removal.

There shall be a city manager. The council shall appoint him for an indefinite term by a vote of a majority of all its members. It shall choose him 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 nor any other councilman may be appointed city manager or acting city manager during the term for which he shall have been elected nor within two years after the expiration of his term. The council may suspend or remove the city manager at any time by a vote of a majority of all its members.

Section 3-2 Acting City Manager.

If the city manager is absent from the city or is unable to perform his duties, if the council suspends the city manager, or if there is a vacancy in the office of city manager, the council may appoint an acting city manager to serve until the city manager returns, until his disability or suspension ceases, or until it appoints another city manager, as the case may be. The council may suspend or remove the acting city manager at any time.

Section 3-3 City Manager: Powers And Duties.

The city manager shall be chief executive 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 council. He shall:

1. Appoint, and when necessary for the good of the service, suspend, demote or remove all heads of administrative departments and other administrative officers and employees of the city except as he or the council by ordinance may authorize the head of a department, an officer or an agency to appoint and suspend, demote or remove subordinates in such department, office or agency, subject to such merit system regulations as the council may ordain;

2. Supervise and control, directly or indirectly, all administrative officers, agencies 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 any changes in the budget which he deems desirable;

4. Submit to the council a report at the end of the fiscal year on the finances and administrative activities of the city for the preceding year;

5. Keep the council advised of the financial condition and future needs of the city, and make such recommendations as may seem to him desirable; and

6. Perform such other duties as this charter may prescribe and such duties as the council may prescribe, consistent with this charter.

Section 3-4 Administrative Departments, Offices And Agencies.

There shall be a department of finance, an electric utility department, a police department, a fire department, a department of law headed by a city attorney, and such other administrative departments, offices and agencies as this charter establishes and as the council may establish; provided that the person in charge of the electric utility department meet qualifications specified by the city manager. (Amendment adopted March 1986)

Section 3-5 Library Board.

1. There shall be a library board, which shall be head of the library department. It shall consist of five members appointed by the city manager for overlapping terms of five years and to serve until their successors have been appointed and take office; and the term of one of the members shall expire at 7:30 o'clock P.M. on the first Monday in May every year. The city manager may remove a member for the good of the service, and he may fill vacancies for the unexpired terms. Members shall serve without compensation; and

2. The library board shall have supervision and control of the public library or libraries of the city, and shall appoint the librarian or librarians and all other subordinates; provided that the board may authorize a librarian to appoint his subordinates. The library board may adopt regulations for the administration and operation of the library or libraries, subject to ordinances which the council may enact.

ARTICLE 4
DEPARTMENT OF FINANCE; FISCAL AFFAIRS

Section 4-1 City Treasurer: Office Created, Duties.

There shall be a city treasurer, who shall be an officer of the city appointed by the city manager for an indefinite term, and who shall be head of the department of finance. Subject to such regulations as the council may prescribe, the city treasurer shall collect or receive revenue and other money for the city, and shall deposit the same in such depositories as the council may designate. The city treasurer shall maintain a general accounting system for the city government. He shall have such other powers and duties as may be prescribed by this charter, by applicable law, or by the council.

Section 4-2 Purchases And Sales.

1. The city manager, subject to any regulations which the council may prescribe, shall contract for the 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 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 council may prescribe;

2. 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, under such regulations, and with such exceptions, as the council may prescribe, shall be given; but the council shall not except a particular contract, purchase or sale from the requirement of competitive bidding; and

3. The council by ordinance may transfer some or all of the power granted to the city manager by this section, relating to purchases and sales, to an officer appointed by and subordinate to the city manager.

Section 4-3 Sale Of Utilities And Of Property Valued At More Than $10,000.

1. The sale of the electric generating plant of the city, the electric distribution system to the entire electric utility, or of the water utility, shall be made only by authority of a special non-emergency ordinance. Such ordinance shall be published in full in a newspaper of general circulation within the city within ten days after its passage, and shall not become effective until it shall have been referred to the qualified electors of the city at a general or special election and approved by a majority of the qualified electors voting on the question of approving the ordinance; and

2. The sale of any other property, real, personal or mixed, or of any interest therein, the value of which is more than $10,000, shall be made only by authority of a special non-emergency ordinance. Such ordinance shall be published in full 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 proper referendum petition is properly filed within thirty days after its passage; otherwise it shall go into effect thirty days after its passage.

Section 4-4 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 improvements of more than $1,000 shall be awarded to the lowest and the best responsible bidder after such notice and opportunity for competitive bidding as the council may prescribe. All bids may be rejected, and further notice and opportunity for competitive bidding may be given.

Section 4-5 Fiscal Year.

The fiscal year of the city government shall begin on the first day of January and shall end on the last day of December of every calendar year, with January 1, 2011 being the first date the new fiscal year becomes effective. (Res. 1517, 8-11-2009)

Section 4-6 Independent Annual Audit; Inventory System.

a. The 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 to 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.

b. The council, by ordinance, shall prescribe a reasonable system for inventory of, and accounting all fixed assets and property of the city, both real and personal, having a value per individual item exceeding the sum of five hundred ($500.00) dollars. The inventory and accounting system prescribed by the council shall conform to generally accepted accounting practices relating to municipal corporations or other local governmental entities. (Amendment adopted March 1986)

ARTICLE 5
PUBLIC UTILITIES

Section 5-1 Electric Utility: Operation And Accounting.

1. The electric utility of the city is a business, and it shall be operated in a businesslike manner. An electric utility fund is hereby established, and the electric utility shall be operated from this fund, separate from the general fund of the city;

2. An accounting system for the electric utility shall be established within the general accounting system of the city. The accounting system shall be so set up and operated as to reflect the financial condition of the utility and its income and expense; and a balance sheet and statement of income and expense (profit and loss) shall be made annually and as often as the council may require;

3. The electric utility shall be duly compensated for all supplies, materials, equipment and services (including electric current at regular rates) which it furnishes either to other units of the city government or to others; and all income of the electric utility shall be credited to the electric utility fund;

4. The electric utility shall be duly charged for all supplies, materials, equipment and services which are furnished to it either by other units of the city government or by others; and all expenses of the electric utility shall be charged against the electric utility fund. Among the expenses shall be an amount reasonably reflecting the actual depreciation of the properties of the utility during that accounting period. Also among the expenses shall be an amount equal to the interest earned during that period on any bonds the proceeds of which were used for the electric utility, and that amount shall be paid or transferred into the sinking fund to pay the interest on bonds or into the general fund. The council may make a reasonable estimate of all taxes of all kinds which the electric utility would pay if it were privately owned and operated, and may provide that a contribution in lieu of taxes of the estimated amount be charged against the electric utility as an expense, and the contribution in lieu of taxes be paid into the general fund or into the sinking fund; and

5. With exception of the contribution in lieu of taxes and the payment or transfer of an amount equal to the interest earned during that period on any bonds the proceeds of which were used for the electric utility, no contribution from net income (profit) or surplus, nor any other contribution or transfer from the electric utility fund may be made to the general fund or to any other fund of the city until an amount or amounts sufficient to meet sinking fund requirement for the fiscal year for principal and interest of outstanding bonds the proceeds of which were used for the electric utility, have been paid from the electric utility fund into the sinking fund.

Section 5-2 Other Utilities And Enterprises: Operation And Accounting.

The council may require that other utilities and business enterprises operated by the city (water utility, airport, hospital, parking facility, refuse disposal, etc.) shall be operated and accounted for in a manner similar to that prescribed above for the electric utility.

ARTICLE 6
MUNICIPAL COURT

Section 6-1 Municipal Court.

There shall be a municipal judge, who shall be an officer of the city appointed by the city manager for an indefinite term. The council may suspend or remove the municipal judge or acting municipal judge at any time 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; provided that the council by ordinance may create a minor violations bureau with authority to dispose of cases arising out of designated minor violations, such as minor traffic and parking violations, on request of accused persons who desire to plead guilty and who are able and willing to pay fines and costs. 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 style of all processes shall be in the name of the city. The municipal judge may administer oaths, make and enforce all proper orders, rules and judgments, and punish for contempt.

ARTICLE 7
NOMINATIONS AND ELECTIONS

Section 7-1 Overlapping Terms: Nominated And Elected At Large: Nonpartisan Elections.

1. The term of the first mayor elected under this charter, shall be three years; the terms of the first councilmen from wards one and two elected under this charter, shall be two years; the terms of the first councilmen from wards three and four elected under this charter, shall be one year. Every year thereafter, the successors of those whose terms are expiring shall be elected for overlapping terms of three years;

2. All candidates for mayor and councilmen shall be nominated and the mayor and all councilmen shall be elected, at large, by the qualified electors of the entire city, although candidates for councilmen from the wards must be qualified electors of their respective wards; and

3. Both the primary and the general election shall be nonpartisan; and no party designation or emblem shall be placed on the ballot.

Section 7-2 Filing.

(Rep. by Res. 1518, 8-11-2009)

Section 7-3 Only One Candidate.

If not more than one (1) person is a candidate for an office to be filled he shall not appear on the general election ballot but shall be considered the successful candidate in each office to be filled. (Res. 1519, 8-11-2009)

Section 7-4 Primary Election: Who Nominated Or Elected.

(Rep. by Res. 1520, 8-11-2009)

Section 7-5 General Election: Time, When Not Held, Who Elected.

The general election shall be held in the city of Duncan on the 1st Tuesday in April or on a date which may be changed pursuant to the election laws of the state of Oklahoma, in order to elect the successor or successors of those whose terms are expiring, if candidates for one or more such offices remain to be voted upon. Every qualified elector to the city of Duncan shall be entitled to vote for one candidate for each of the offices to be filled. The candidates for each office receiving the greatest number of votes shall be elected. It is further understood that general elections shall be commenced at least forty-five (45) days subsequent to the primary election. (Res. 1448, 1-25-2005)

Section 7-6 Political Activity Of Officers And Employees.

No officer or employee of the city except the mayor and other councilmen, may attempt to influence the nomination, election or defeat of any candidate for mayor or councilman except by the proper exercise of his right to vote. Any person who violates this provision, shall be punished, upon conviction thereof, by a fine not exceeding twenty dollars inclusive of costs. Such violation shall constitute cause for removal from office or employment.

Section 7-7 State Constitution And Law To Govern.

The precinct and county election boards shall conduct the primary and general elections and special elections of the city. The provisions of the state constitution and law relating to elections, shall govern such elections insofar as they are applicable and are not superseded by this charter or by ordinance.

ARTICLE 8
MISCELLANEOUS PROVISIONS

Section 8-1 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 8-2 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 8-3 Merit System.

Appointments and promotions in the service of the city shall be made solely on the basis of merit and fitness, and removals and demotions shall be made solely for the good of the service. Better to achieve these ends, the council may establish a merit system and provide for its proper organization and functioning and for the proper personnel administration.

Section 8-4 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 council may prescribe by ordinance; but the council shall not prescribe additional qualifications for mayor and councilmen.

Section 8-5 Nepotism, Compatibility Of Offices.

1. Neither the city manager, the council nor any other authority of the city government, may appoint or elect any person related to any councilman, the city manager, or to himself, or, in the case of a plural authority, to one if its members, by affinity or consanguinity within the third degree, to any office or position of profit in the city government; and

2. Except as may be otherwise provided by this charter or by ordinance, the same person may hold more than one office or position in the city government. The city manager may hold more than one such office or position, through appointment by himself, by the council or by other city authority having power to fill the particular office or position, subject to any regulations which the council may make by ordinance; but he may not receive compensation for service in such other offices and positions. Also the council by ordinance may provide that the city manager shall hold ex officio designated administrative offices subordinate to the city manager as well as other designated compatible city offices.

Section 8-6 Bonds.

The mayor and other councilmen, the city manager, the city treasurer and such other officers and employees as the council by ordinance 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 council may prescribe by ordinance, with a surety company authorized to operate within the state; provided that the bonds for mayor and other councilmen shall be for $1,000 each unless the council by ordinance prescribes a greater amount. The city shall pay the premiums on such bonds.

Section 8-7 Oath 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 prescribed by the state constitution. The oath shall be filed and kept in the city clerk's office.

Section 8-8 Who May Administer Oaths.

All officers authorized by federal or state law, the mayor, the city clerk, the city manager, the city treasurer, the heads of all other administrative departments, the municipal judge and such other officers as the council may authorize, may administer oaths.

Section 8-9 Removal Of Officers And Employees.

Except as otherwise provided by this charter, the power to suspend, demote and remove accompanies the power to appoint or elect; and the city manager or other appointing or electing authority at any time may suspend, demote or remove any officer or employee to whom he or the other appointing or electing authority respectively may appoint or elect a successor.

Section 8-10 Acting Officers And Employees.

The appointing or electing authority who may appoint or elect the successor of an officer or employee, may appoint or elect a person to act during the temporary absence, disability or suspension of such officer or employee, or, in case of a vacancy, until a successor is appointed or elected and qualifies, unless the council ordains that a particular superior or subordinate of such officer or employee shall act. The council by ordinance may provide for a deputy to act in such cases.

Section 8-11 Separability Clause.

1. If a court of competent jurisdiction should hold any section or part of a section of this charter invalid, such holding shall not affect the remainder of this charter nor the context in which such section or part of a section so held invalid may appear, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with that section or part of a section; and

2. 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 9
AMENDMENT

Section 9-1 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 people 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 to amend 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 9-2 Amendment: Board Of Freeholders.

The council by ordinance may provide for the election of a board of freeholders to prepare and propose amendments to this charter. When an amendment proposed by a board of freeholders shall have been submitted by the council 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, it shall go into effect.

Section 9-3 Wards.

A. Until the council provides otherwise by ordinance, the four wards of the city shall be constituted as set forth in section 1-202 of the city code.

B. Reference to streets shall mean the center lines of the streets.

Section 9-4 New Charter To Go Into Effect When Approved By Governor.

If a majority of the qualified electors of the city voting on the question vote to ratify this charter in lieu of the heretofore existing charter, this charter shall go into effect immediately upon approval by the governor as provided by the state constitution; provided that section 31 (relating to operation of and accounting for the electric utility) shall go into effect at the beginning of the next succeeding fiscal year unless the council by ordinance provides that it shall go into effect sooner.

Section 9-5 Ordinances Continued.

All ordinances, insofar as they are not inconsistent with this charter, shall continue in effect until they are repealed or until they expire by their own limitations.

Section 9-6 Officers And Employees Continued.

1. The five commissioners under the previous charter shall continue in office under this charter until the expiration of the terms for which they were elected, and until their respective successors have been elected and take office; but their title under this charter shall be "councilman" instead of "commissioner". They shall continue to draw compensation at the rate of $25.00 per month until the expiration of the terms which they are serving when this charter goes into effect;

2. All other officers and employees of the city under the previous charter shall continue in the offices and employments which they respectively hold, after this charter goes into effect, and until their services are terminated in accordance with the provisions of this charter; and

3. If there are six members of the library board at the time this charter goes into effect, they all shall continue as members until a vacancy occurs or until the terms of two members expire. At that time, the number of members shall be reduced to five. The city manager shall adjust the terms of the members so that the term of one shall expire at 7:30 o'clock P.M. on the first Monday in May each year.

Section 9-7 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 full effect, brought by or against the municipality or any office, department agency or officer thereof.

ARTICLE 10

ARTICLE 11
RECALL OF ELECTED OFFICIALS

(Adopted March 1986)

Section 11-1 Recall Authorized.

The incumbent of any elective city office, including a person appointed to fill a vacancy in any such elective office, may be recalled from office by the electors qualified to vote for the election of a successor to the incumbent, in the manner provided in this article. (Amendment adopted March 1986)

Section 11-2 Recall Petition.

a. To initiate recall proceedings, a written statement proposing the recall of the incumbent of an elective office shall be signed by one hundred (100) or more registered qualified electors of the city or ward concerned; and shall be filed with the city clerk after the incumbent has held the office at least four (4) months. The statement shall also contain the reason or reasons for which the recall is sought, in not more than two hundred (200) words. Within five (5) days, the city clerk shall mail a photostatic or other copy of such statement by registered, certified, or similar special mail to the officer at his residential address. Within ten (10) days after the statement is mailed to the officer, the officer may make and file with the city clerk a written statement in duplicate justifying his conduct in office, in not more than two hundred (200) words; and the city clerk on request shall deliver one (1) copy to one (1) of the persons filing the statement proposing the recall.

b. The petition for recall shall include a demand that a successor to the incumbent sought to be recalled be elected, and shall also include before the space where the signatures are to be written the statement giving the reason or reasons for recall under the heading "STATEMENT FOR RECALL", and if the officer has filed a statement as authorized, the statement justifying his conduct in office under the heading "STATEMENT AGAINST RECALL". The two (2) statements shall be in letters of the same size. A copy of the petition shall be filed with the city clerk within one (1) month after recall proceedings are initiated by the filing of the first statement, and before the petition is circulated.

c. A number of registered qualified electors of the city or ward concerned equal to at least twenty (20) percent of the total number of votes cast for governor in the city or ward at the last general state election at which a governor was elected must sign the petition. Each signer shall write after his name and his address within the city, giving street or avenue and number, if any. Not more than one hundred (100) signatures may appear on a single copy of the petition. Petitions may be circulated only by registered qualified electors of the city or ward concerned; and the person who circulates each copy of the petition shall sign an affidavit on the copy stating that each signer signed the petition in his presence, that each signature on the petition is genuine, and that he believes each signer to be a registered qualified elector of the city or ward concerned; and the person who circulates each copy of the petition shall sign an affidavit on the copy stating that each signer signed the petition in his presence, that each signature on the petition is genuine, and that he believes each signer to be a registered qualified elector of the city or ward concerned.

d. The circulated petition shall be filed with the city clerk not later than one (1) month after the filing of a copy as provided above. Within one (1) month after date of filing of the circulated petition, the city clerk shall examine it and ascertain whether it has been prepared and circulated as required, and whether the required number of registered qualified electors of the city or ward have signed it. He shall then attach his certificate to the petition. If his certificate states that the petition has not been prepared and circulated as required and/or lacks a sufficient number of signatures, the petition shall have no effect. But, if the city clerk's certificate states that the petition has been prepared and circulated as required and has a sufficient number of signatures, he shall submit the petition and certificate to the council at its next meeting. (Amendment adopted March 1986)

Section 11-3 Recall Election: Council To Order.

a. The council, by resolution or ordinance passed within ten (10) days after receiving the petition and certificate of the city clerk, shall order and fix the date for a recall election, which shall be held not less than forty (40) days, nor more than fifty (50) days, after passage of the resolution or ordinance. The city clerk shall cause the resolution or ordinance ordering the election to be published in full in a newspaper of general circulation within the city within ten (10) days after its passage; and such publication shall be sufficient notice of the election.

b. The qualified electors of the city may vote in a recall election on the election of successors to more than one (1) officer on the same day. (Amendment adopted March 1986)

Section 11-4 Recall Election: How Held.

a. The recall election shall be an election to fill the office held by the incumbent sought to be recalled. There shall be no primary. Any qualified person, including the incumbent, may file as a candidate for the office. The candidate receiving the greatest number of votes in the recall election shall be elected. If a candidate other than the incumbent is elected, the incumbent shall be recalled from office effective as of the time when the result of the election is certified. The successful candidate must qualify within one (1) month thereafter; and if he fails to do so, the office shall be vacant, and the vacancy shall be filled as other vacancies in the offices of mayor and councilmen are filled. A candidate thus elected and qualifying shall serve for the unexpired term. If the incumbent is a candidate and receives the greatest number of votes, he shall continue in office without interruption; and recall proceedings may not again be initiated against him within one (1) year after the election.

b. The provisions of this charter relating to city elections shall also govern recall elections insofar as they are applicable and are not superseded by the provisions of this article. (Amendment adopted March 1986)

Section 11-5 Person Recalled Or Resigning.

A person who has been recalled from an office, or who has resigned from such office while recall proceedings were pending against him, shall not hold, whether by election or appointment any office or position of employment in the city government within two (2) years after his recall or resignation. (Amendment adopted March 1986)

CERTIFICATE

State of Oklahoma )
SS
County of Stephens)

I, Wayne M. Holden, Mayor of the City of Duncan, Oklahoma, hereby certify that, at an election duly held on November 2nd, 1954, a majority of the qualified electors of the City of Duncan, Oklahoma, voting on the proposition, voted to amend the heretofore existing Charter of the City of Duncan, Oklahoma, by repealing it and substituting in lieu thereof the Charter of the City of Duncan, Oklahoma, attached hereto, and to ordain, ratify and establish the Charter of the City of Duncan, Oklahoma, attached hereto, as the organic law of the city, the vote being as follows:

For the proposition: 2316

Against the proposition: 852

In witness whereof, I hereunto set my hand this the 16th day of November, 1954.

Mayor, City of Duncan, Oklahoma
Attest:
City Clerk, City of Duncan, Oklahoma

SEAL

The foregoing substituted charter, appearing not to be in conflict with the constitution and laws of this State, is hereby approved by me this 6th day of December, 1954.


GOVERNOR OF THE STATE OF OKLAHOMA

ATTEST: (SEAL)


SECRETARY OF STATE

A certified copy of this letter filed in County Clerk's office .


City Clerk, Ex officio