THE ORDINANCES THAT GUIDE HOMINY

The Hominy City Ordinances are the laws that govern the City of Hominy. These ordinances were established when Hominy was incorporated and have been revised over the years to reflect the current needs of the City.  We feel it is important for residents to understand these ordinances that affect everyone living in Hominy, so from time to time, we will highlight and discuss certain ordinances. This does not cover every section within the Ordinance book. We encourage you to review the complete list of Hominy City Ordinances on the City website: http://www.cityofhominy.com/city-ordinances.html

We are starting with the governance of the City. For this post, we will talk about the responsibilities and limitations of the City Council and the City Manager.

SECTION 2-101 FORM OF GOVERNMENT
The form of government shall be known as the statutory Council-Manager form of City government. The City shall have all the powers, functions, rights, privileges, franchises and immunities granted, or which may be granted to cities by law. Such powers shall be exercised as provided by law applicable to cities under the statutory Council-Manager form, or if the manner is not thus prescribed, then in such manner as the Council may prescribe. (Ord. No. 3-87, eff. 04/20/87).
Oklahoma law provides several forms of government under which a city or town in Oklahoma may operate. Under the Oklahoma Constitution, any city or town with more than 2,000 inhabitants may frame a Charter or Articles of Incorporation outlining its own government. Statutory forms of government under Oklahoma law are the: Statutory Aldermanic; Statutory Council-Manager; Statutory Strong-Mayor-Council; Statutory Town Board of Trustees. The City of Hominy operates under a statutory council-manager form of government.

SECTION 1-202 WARD NUMBER AND BOUNDARIES
The City is divided into four (4) wards as follows:

• WARD NO. I Price from North City Limits, South to Third Street, then East on Third to City Limits.
• WARD NO. II Price from North City Limits, South to First Street, then West on First Street to City Limits.
• WARD NO. III From First and Price Street intersection, West on First to City Limits and South on Price to Tenth, West on Tenth Street to City Limits.
• WARD NO. IV From Third and Price Street Intersection, East on Third Street to City Limits and South on Price to Tenth Street, West to Regan, South on Regan to Thirteenth Street, East on Thirteenth Street to City Limits.

SECTION 2-201 GOVERNING BODY
The governing body of a statutory Council-Manager city shall consist of one (1) Councilmember from each Ward of the City and one (1) Councilmember at large. (Ord. No. 3-87, eff. 04/20/87)
The current Hominy Council members are:

• Ward I:               Ralph Robertson
• Ward II:              Cha Fairweather (Mayor)
• Ward III:             Carolyn Christy (Vice-Mayor)
• Ward IV:             Daniel Johnson
• At Large:             Donnie Reed

 
SECTION 2-202 QUALIFICATIONS OF COUNCILMEMBERS
The Councilmembers shall be residents and registered voters of the City. The Councilmembers from Wards shall be actual residents of their respective Wards at the time of their candidacy and election; but removal of a Councilmember from one Ward to another within the City after his election, or a change in Ward boundaries, shall not disqualify him from completing the term for which he was elected.

SECTION 2-203 ELECTION OF MAYOR AND VICE-MAYOR
The Council shall elect from among its members a Mayor and a Vice-Mayor. The Mayor and Vice-Mayor shall be elected in each odd-numbered year at the first Council meeting held after Council terms begin, or as soon thereafter as practicable, and they shall serve until their respective successors have been elected and qualified.
Ward II and Ward III seats are up for election in 2023. Ward I, Ward IV and the At Large seats are up for election in 2025.
The position of Mayor is not an elected position. The council members vote on which of them will be mayor. Cha Fairweather (Ward II) is the current Mayor.

SECTION 2-204 DUTIES OF MAYOR AND VICE-MAYOR
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. He shall have no regular administrative duties except that he shall sign all conveyances and other written obligations of the City as the Council may require. The Vice-Mayor shall act as Mayor during the absence, disability or suspension of the Mayor.
The position of Mayor is largely ceremonial. He/she does not vote on council items, except to vote as a tie breaker in cases where there is a 2-2 vote.

SECTION 2-205 VACANCY IN THE OFFICE OF MAYOR OR VICE-MAYOR
When a vacancy occurs in the Office of Mayor, the Vice-Mayor shall become the Mayor for the duration of the unexpired term. When a vacancy occurs in the Office of Vice-Mayor, the Council shall elect another Vice-Mayor from among its members for the duration of the unexpired term.

SECTION 2-206 POWERS VESTED IN COUNCIL, DESIGNATED POWERS
All powers of a statutory Council-Manager city, including the determination of 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 by law;
2. Enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;
3. Raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the City, subject to such limitations as may now or hereafter be imposed by the Oklahoma Constitution and law;
4. Inquire into the conduct of any office, department or agency of the City, and investigate municipal affairs, or authorize and provide for such inquiries;
5. Appoint or elect and remove its own subordinates, members of commissions and boards and other quasi-legislative or quasi-judicial officers as provided by law, or prescribe the method of appointing or electing and removing them;
6. Create, change and abolish offices, departments and agencies other than those established by law, and assign additional functions and duties to offices, departments and agencies established by this Chapter; and
7. Grant pardons for violations of municipal ordinances, including the remission of fines and costs, upon the recommendation of the Municipal Judge.

SECTION 2-207 LIMITATION OF COUNCIL AUTHORITY TO ACT THROUGH CITY MANAGER
Except for the purposes of inquiry, the Council and its members shall deal with the administrative service of the City solely through the City Manager. The Council and its members may not:

1. Direct or request the City Manager or other authority to appoint or remove officers or employees;
2. Participate in any manner in the appointment or removal of officers and employees of the City, except as provided by law; or
3. Give orders on ordinary administrative matters to any subordinate of the City Manager either publicly or privately.

Management of City employees is at the direction of the City Manager. Council members may not give orders to employees; they must direct their requests to the City Manager.

SECTION 2-301 CITY MANAGER, APPOINTMENT BY COUNCIL
The Council shall appoint a City Manager 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 with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his Office. At the time of his appointment, the City Manager need not be a resident of the City or State; but during the tenure of his Office, he shall reside within the City. The City Manager may appoint himself, or the Council or other authority may appoint or elect him, to other offices and positions in the City government, subject to regulations prescribed by Ordinance; but he may not receive compensation for service in such other offices or positions. Neither the Mayor nor any members of the City Council may be appointed City Manager during the term for which he shall have been elected nor within two (2) years after the expiration of his term.

SECTION 2-302 CITY MANAGER, DUTIES The City Manager shall be the Chief Executive Officer and Head of the Administrative Branch of the City government. He shall execute the laws and administer the government of the City and shall be responsible therefore to the Council. He shall:
1. Appoint, and when necessary for the good of the service, remove, demote, lay off or suspend all heads of administrative departments and other administrative officers and employees of the City except as otherwise provided by law. The Manager or the Council by Ordinance may authorize the head of a department, office or agency;
2. Supervise and control all administrative departments, officers and agencies;
3. Prepare a budget annually and submit it to the Council and 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 after 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 recommendations as he deems desirable; and
6. Perform such other duties as may be prescribed by law or by Ordinance.
The City Manager runs the day-to-day operations of the City. The City Manager appoints and, when necessary, removes employees, and supervises all departments. He attends all meetings of the Council and takes part in the discussions but cannot vote on any issue before the Council. He is responsible to see that all laws and ordinances, adopted by the council, are faithfully executed. He prepares and submits the City’s Budget to the City Council for their consideration and adoption. He is also charged with keeping the Council appraised of the financial affairs of the City.

SECTION 2-303 DESIGNATION OF ACTING CITY MANAGER The City Manager, by letter filed with the City Clerk, may appoint a qualified administrative officer of the City to be Acting City Manager during the temporary absence or disability of the City Manager. The Council may appoint an Acting City Manager whenever:
1. The Manager fails to make such designation;
2. The Council suspends the City Manager; or
3. There is a vacancy in the Office of City Manager.
 
SECTION 2-304 SUSPENSION OR REMOVAL OF CITY MANAGER The Council may suspend or remove the City Manager or Acting City Manager at any time by a vote of a majority of all its members.
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