Government of Oklahoma
Encyclopedia
The government
of the US State of Oklahoma
, established by the Oklahoma Constitution
, is a republic
an democracy
modeled after the Federal government of the United States
. The state government has three branches: the executive
, legislative
, and judicial
. Through a system of separation of powers
or "checks and balances," each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches.
The state government is based in Oklahoma City
and the head of the executive branch is the Governor of Oklahoma
. The legislative branch is called the Legislature and consists of the Oklahoma Senate
and the Oklahoma House of Representatives
. The Oklahoma Supreme Court
and the Oklahoma Court of Criminal Appeals
are the state's highest courts.
. The governor
, the state's chief executive, has a degree of direct executive power but must share executive power with other state-wide elected officers. The Lieutenant Governor
serves as the first-in-line successor to the Governorship should a vacancy occur.
The legislature
comprises the House of Representatives
and the Senate
. It passes statutes, votes on the budget, and controls the action of the executive through oversight and the power of impeachment
. The President pro tempore of the Senate
presides over the Senate and the Speaker of the House
presides over the House of Representatives. Both officers are in line to succeed to the Governorship in the event of a vacancy, behind the Lieutenant Governor.
The independent judiciary is based on the common law
system which evolved from use in the British Empire
. It is divided into the two courts of last resort, one (the Supreme Court
) dealing with civil law and the other (the Court of Criminal Appeals
) dealing with criminal law
. The Court on the Judiciary
is responsible for monitoring the activities of judges, except those of the Supreme Court. The Court of Impeachment
monitors the activities of all state-wide elected officials, including the Justices of the Supreme Court.
The people of the state reserve the right to directly participate
in the government by referendum
, recall
, and ratification
.
approved the constitution of the Oklahoma
on September 17, 1907, which came into effect upon Oklahoma's ratification of the United States Constitution
on November 17, 1907. The ratification of both documents marked Oklahoma as the 46th US State.
The constitution contains a bill of rights
in itself, but its preamble mentions the principles the government of Oklahoma is to uphold. The constitution's preamble states that the state government is to:
Among these foundational principles protected by the Oklahoma bill of rights are: political power derives from the consent of the people; the people have the inherent rights to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry; the right to peaceful assembly; a ban on the interference with suffrage; the definition of treason; the right to trial by jury; and that marriage in the State of Oklahoma is defined as being between a man and a woman.
The legislative branch is the branch of the Oklahoma State government that creates the laws of Oklahoma. The Oklahoma Legislature
, which makes up the legislative branch, consists of two chambers: the Senate
and the House of Representatives
. All of the State's legislative authority is vest within the Legislature. The most important of these powers are the powers to levy and collect taxes, borrow money, raise and maintain the militia of the State. The constitution grants the Legislature the authority to legislate on all rightful subjects of legislation.
The Legislature meets for one 4-month regular session each year from February to May However, under special circumstances, the Governor or the two-thirds of Legislature can call special sessions. The Governor has a strong influence in shaping the agenda of the Legislature. All acts of the Legislature must be approved by a majority in both houses and signed by the Governor to be enacted into law. However, should the Governor veto
the bill, the Legislature, by a two-third vote in both houses, may over turn the Governor's veto and the bill be enacted into law without the Governor's signature. On appropriations bills
, however, the Governor has a line-item veto
.
Under the Constitution, members of both houses enjoy the privilege
of being free from arrest
in all cases, except for treason
, felony
, and breach of the peace
. This immunity
applies to members during sessions and when traveling to and from sessions. The constitution also guarantees absolute freedom of debate in both houses, providing, "for any speech or debate in either House, shall not be questioned in any other place."
Members of the Legislature are limited to a combined total of 12 years service in the Legislature, regardless of house.
, who is third in line to succeed the Governor in the event of his removal from office.
The Senate is required to give their advice and consent to many executive branch appointments made by the Governor.
, who is fourth in line to succeed the Governor after the Lieutenant Governor and President Pro Tempore of the Senate.
All bills for raising revenue may only originate in the House of Representatives though the Senate may alter and amend them as the body sees fit.
is the branch of the Oklahoma State government that executes the laws of Oklahoma. The branch, consisting of over 300 state agencies, boards, and commissions, is headed by the Governor of Oklahoma
, who is assisted by eleven other state-wide officials.
and head of government
for Oklahoma. Under the constitution, the Governor is elected to serve a four-year term. Originally, the Governor was term limited to only one term in office at a time but this has since been modified to allow up to two consecutive terms. The Governor presides over the executive branch, commands the militia of the state, and makes sure that the laws of the state are enforced and that the peace is preserved. The Governor is the State's chief representative and spokesperson to the other states within the United States, the United States federal government, and all foreign nations. The Governor must sign all bills passed by the Legislature in order for those bills to become law. Should the Governor veto
a bill, the Legislature may override his veto with a two-thirds vote.
In certain emergencies the Governor may assume special, comprehensive powers. These powers involve greater police power and near absolute control over state, county, and local agencies and resources. During emergencies, the Governor is also allowed a limited-form of rule by decree
. All state, county, and local officers and personnel become subject to the Governor during the emergency and must obey his directions. With the exception of the members of the Legislature, any official who fails to obey any of his orders may be removed from office by the Governor.
However, in normal times, the Governor may not enact legislation or directly control the county and local agencies. The Governor may issue executive orders (when empowered to do so by a specific provision of the Constitution or an act of the Legislature) which are binding throughout the State. Such executive order do not have the force of law and may only be issued when related directly to the Governor's duties. If the Legislature is controlled by his political party, however, the Governor may strongly suggest the adoption of certain legislation, or request other executive officers to take such actions as the Governor sees fit.
In order to be elected Governor, any gubernatorial candidate is required to obtain a state-wide plurality of all votes cast in their election. Given the dominance of the two-party system
in Oklahoma (between the Democrats
and the Republicans
), the plurality is often a majority as well. However, in case the event that two or more candidates have an equal number of votes, the Legislature, by joint ballot, elects one of those candidates Governor.
The constitution names the Governor the state's chief magistrate and vested in him the supreme executive power. As a consequence, the Governor is the preeminent figure in Oklahoma politics
. Though he shares power with many other executive officers, in the event of a vacancy anywhere in the executive branch, he appoints their successor. The Governor appoints the heads of most all state departments and agencies as well as the members of most state commissioners and boards. However, these appointments do require Senate approval. Some serve at his pleasure while others serve fixed terms.
Mary Fallin
became Governor on January 10, 2011, succeeding Brad Henry
.
s. In the absence of the Governor, the Lieutenant Governor assumes all powers and duties of office of Governor. However, as long as the Governor remains in the state and is capable of discharging his duties as Governor, the Lieutenant Governor's main role is that of the President
of the Oklahoma Senate
, a position of limited de jure influence.
The Lieutenant Governor's de facto power is based primarily upon the individual holding the office. When the Governor and Lieutenant Governor are of the same political party, the Governor often uses the Lieutenant Governor as a chief adviser or appointee. However, when the two are differing political parties, the Lieutenant Governor's influence is minimal.
These executive officers have some specialized regulatory power, some executive power, and some quasi-judicial
power. The Governor and Legislature often consult them on matters before enacting new laws.
The independent executive offices are as follows:
and the Oklahoma Turnpike Authority are organized in the Transportation Cabinet Area. The vast majority of state government agencies and departments are headquartered in Oklahoma City or Tulsa, with the larger agencies and departments having district offices around the state which report to headquarters in Oklahoma City or Tulsa.
All Cabinet Areas are headed by Cabinet-level officers who all hold the title of "Secretary". The head of a department usually holds the title of "director" or "commissioner". A Cabinet Secretary may serve concurrently as a Department Director. The Governor appoints, with the approval of the Oklahoma Senate
, all the Secretaries. Each of the Secretaries advise the Governor on any policy changes or problems within their Cabinet Area, represent the Governor in administering their Cabinet Area as directed by the Governor, and to coordinate information gathering on their Cabinet Area for the Governor Legislature as may be required. The Secretaries, however, may not direct nor control any department within their Cabinet Area without authorization by the Governor through executive order.
All Cabinet Secretary together make up the Oklahoma State Cabinet
. Created in 1986 under the Executive Branch Reform Act of 1986
, the Cabinet was implemented to provide better organization and administration to the various state departments, agencies, boards, commissions and other entities of the executive branch to "improve the effectiveness, efficiency and accountability of state government."
Within 45 days of assuming office, the Governor must organize his cabinet. State law requires only the creation of the Department of Veteran Affairs and the Department of Information Technology. Within those first 45 days, the Governor may create any department he desires and place under them any agencies, committees, and boards with "similar programmatic or administrative objectives" as the Governor determines. The Governor must create at least 10 departments but no more than 16 (including the Departments of Veteran Affairs and Information Technology). After the Governor has created the Cabinet he may not unilaterally change its composition. This would require legislation from the Legislature at the initiation of the Governor.
All of the Secretaries serve at the pleasure of the Governor, and may be removed from their position at any time. However, should a Secretary also be the head of an agency, their addition to or removal from the Cabinet will not effect their position within the agency. When ever a Secretary position is vacant, for any reason, the Governor must appoint a replacement within 30 calendar days, who must be confirmed by the Senate. Should the Senate not be in session, the appointment candidate may serve in the Secretary position until the Senate reconvenes to confirm the appointment.
The Secretary of State of Oklahoma
and the Adjutant General of Oklahoma
are the only ex officio members of the Cabinet, both of whom are appointed by the Governor for reasons other than the State Cabinet. The Secretary of State does not head a Department as the other Secretaries do, but the Office of the Secretary of State instead. The Adjutant General is second-in-command of Oklahoma National Guard
, under the Governor, and serves as the chief military adviser to the Governor and the head of the Military Department of Oklahoma as the Secretary of the Military.
The sixteen Secretary positions within the Oklahoma Cabinet under current Governor Brad Henry
are as followed:
is the branch of the Oklahoma state government that interprets the state's laws and constitution. Headed by the Supreme Court
, the judiciary consists of two courts of last resort, courts of general jurisdiction, and courts of limited jurisdiction. Also, the Oklahoma judiciary contains two independent courts. The split court of last resort system (with the Oklahoma Supreme Court handling civil matters and the Oklahoma Court of Criminal Appeals handing criminal matters) exists only in Oklahoma and neighboring Texas
.
All judges and justices requiring appointment are appointed by the Governor. Candidates must first go through a nominating process through the Oklahoma Judicial Nominating Commission
, which selects three candidates to submit to the Governor for a single selection to the office.
consists of a Chief Justice, a Vice-Chief Justice, and seven Associate Justices who are appointed by the Governor from a list of three judges submitted by the Judicial Nomination Commission. Justices are also ratified by the electorate at the next general election following their appointment and at the end of each six year term. Justices serve until they resign or fail to be retained in office. The Supreme Court's decisions are binding on all lower state courts.
The court has original jurisdiction
have general superintendent control over all inferior courts in the judiciary and all agencies, commissions and boards exercising power under the constitution. The court has appellate jurisdiction
co-extensive with that of the state's borders on all cases "at law and in equity" except criminal cases, in which the Court of Criminal Appeals has exclusive appellate jurisdiction. If in any event there is any conflict in determining which court has jurisdiction, the Supreme Court is granted the power to determine which court has jurisdiction, with not appeal from the Court's determination.
The Supreme Court is headquartered in the Oklahoma State Capitol
in Oklahoma City, Oklahoma
and hears oral arguments each year.
The Supreme Court supervises the lower courts through the Administrative Office of the Courts, and also supervises Oklahoma's legal profession through the Oklahoma Bar Association. All lawyer admissions and disbarments are done through recommendations of the Association, which are then routinely ratified by the Supreme Court. The Association has approximately 11,000 active attorneys in Oklahoma and a total membership of more than 15,000.
Five of the nine justices are required to affair, modify, or overturn any ruling of any lower court. Once the Court has reached a decision, one justice is selected to write the Court's opinion. Once published, the opinion becomes the controlling factor in the state's law surrounding the issue(s) it addresses. This is known as stare decisis
.
The justices select from among their members a Chief Justice and Vice Chief Justice to serve two year term. The Chief Justice of Oklahoma is responsible for the administration of all courts in the Oklahoma Judiciary and establishes rules for all courts to follow. The Chief Justice also oversees all practicing attorneys in the State.
consists of a Presiding Judge and four Judges who are appointed by the Governor from a list of three judges submitted by the Judicial Nomination Commission. Justices are also ratified by the electorate at the next general election following their appointment and at the end of each six year term. Justices serve until they resign or fail to be retained in office. The Supreme Court's decisions are binding on all lower state courts.
Unlike most states, Oklahoma has two courts of last resort. The Supreme Court determines all issues of a civil nature, and the Oklahoma Court of Criminal Appeals decides all criminal matters. Unlike the Supreme Court, the Court of Criminal Appeal has mandatory review jurisdiction when ever a sentence from a lower court involved the death sentence
.
Court of Appeal justices are selected, confirmed, and ratified just like the Supreme Court justices.
because the Oklahoma Supreme had neither the time nor resources to hear all cases brought before it. When a case is brought before the Oklahoma Supreme, the Supreme Court may choose to send the case to one of the four division of the Court of Civil Appeals, two located in Tulsa and two in Oklahoma City. Each division of the court has three judges, appointed for life, but must stand for election every six years to retain their positions.
Two of the three judges may choose to reaffirm, modify, or overturn any ruling of any lower court. However, if the Oklahoma Supreme Court disapproves of the courts ruling, it may review the decision and change it as the Court deems necessary.
where original jurisdiction is reserved by statute to other courts. Each District Court is presided over by either a single or multiple District Judges with at least one Associate District Judge to administer justice in each county. The judges are elected, in a nonpartisan manner, to serve a four year term. In the event of a vacancy in any of the district courts, the Governor appoints a judge to serve until the next elections. In the event of a heavy caseload in the district, a Special Judge may be appointed to assist the District Judge.
The 77 District Courts are divided into 27 Districts, with each district having at least one District Judge to over the Associate District Judges. Above the 27 District are nine Judicial Administrative Districts (JAD), involving several Districts, to assure a well-organized system. From among the District Judges of the JAD, one is selected to serve as the Presiding Judge, who is responsible for the administrative matters of their district. The Presiding Judge is answerable to the Supreme Court.
Civil appeals are heard by the Oklahoma Supreme Court and criminal appeals are heard by the Oklahoma Court of Criminal Appeals.
All District Judges must live in the district in which they are seeking election. Associate judges must have been a practicing lawyer or judge for the past two years. There are a total of about 71 District Judges, 77 Associate District Judges, and 78 Special District Judges.
is one of the two independent courts in the Oklahoma Judiciary. The court responsible for removing judges from their position if they have committed legal acts. One of two such courts in the nation
(other than Texas
), the Court on the Judiciary insure that other courts best administer justice.
If any judge exercising judicial power under the Oklahoma Constitution, other than the Justices of the Oklahoma Supreme Court, are found guilty of gross neglect of duty, corruption in office, habitual drunkenness, commission while in office of any offense involving moral turpitude, gross partiality in office, oppression in office, or other grounds as specified by the legislature may be either forcefully removed from office. Forced retirement may occur if the court finds the judge in question to be mentally or physically to perform their job. No other penalties may be imposed by this court, however later charges may be levied by other courts.
The Court on the Judiciary consists of a nine-member Trial Division and a five member Appellate Division. The courts jurisdiction may be called into force by the Governor, Attorney General, Oklahoma Supreme Court, the Oklahoma Bar Association, or by the House of Representatives. Also, private citizens can file a formal complaint against a judge to be heard by the Oklahoma Council on Judicial Complaints
. It the complaint is approved, the case is heard by the Trial Division of the Court.
All cases brought before the Court are heard by the Trial Division. Any appeals from the Trial Division are heard by the Appellate Divisions. There are no appeals from the Appellate Division's decisions, and not even the Oklahoma Supreme Court may change its rulings.
, which is the Senate sitting, is the second independent court in the Oklahoma judiciary. Impeachment charges are brought by the House of Representatives, and they are heard by the Senate, with the Chief Justice of Oklahoma presiding, unless the Chief Justice or any member of the Oklahoma Supreme Court is charged, in which case the Senate shall select one of its own members to preside.
Impeachment charges may only be brought against the Governor and all other statewide elected state officials (including the Oklahoma Supreme Court Justices) for willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. If impeached, all officials are immediately suspended in discharging their duties. Should the impeachment fails, the officer in question returns to their duties. However, if the impeachment is successful and the defendant found guilty, the person is removed from office.
is body which selects potential justices and judges for gubernatorial appointments for judicial positions on Oklahoma's appellate courts. In the event of a vacancy, for whatever reason, within the Supreme Court, the Court of Criminal Appeals, or the Court of Civil Appeals, the Commission screens a list of applicants that desire that job. Next, the Commission selected three qualified nominees and presents the names to the Governor. The Governor may then appoint one of the nominees to position with further approval not necessary. If the Governor fails to appoint a nominee to the position within sixty days, the Chief Justice of Oklahoma may make the selection.
, often a populous or centrally located city or village, where the county government is headquartered.
In traditional Midwest fashion, counties in Oklahoma possess a moderate scope of power. As extensions of the state government, counties are primarily administrative bodies which possess executive
and limited judicial powers, but not legislative powers. Their primary responsibilities are related to managing, planning and governing all unincorporated land within their borders. These include overall planning, police service, as well as some legal services. The counties keep records of deaths, births, marriages, divorces, property ownership, and court activities within the county. The counties must also maintain a court system, law enforcement, road and bridge construction, and voter registration.
As extensions of the state government, the counties are responsible for six major services:
Each county government is composed of eight elected officials and a District Attorney. All county officials serve four year terms beginning on the first Monday in January following their election.
, with the Chair of Board as the quasi-head of state
, of the county. Each county is divided into three districts drawn based on equal population. From each of the three districts, a County Commissioner is elected independently from the other two Commissioners. The three Commissioners serve collegiately, with each having equal voting powers and a yearly rotating chairmanship.
The Board supervises all county administration, manages all property owned by the county, prepares the county budget (unless the county has adopted the County Budget Board), and advertises bids for all major county purchases and contracts. The Commission is also empowered to audit and approve claims against the county, propose county bonds, and audit the accounts of all other county offices. The Commission's other duties include the maintenance of traffic control devices, the power to approve zoning applications, and the administration of all federal funds provided to the county.
All powers of a county are exercised by the Board. Only the Board may purchase equipment, machinery, supplies or materials of any kind for the county and all contracts and agreements relating to the leasing or rental of county equipment or otherwise relating to the business of the county are negotiated by the Commission. It is in the name of the County Commission that the county sues and is sued.
The Board meets in regular session on or before the first Monday of each month and may stay in session for as long as the Commission determines. However, the Board must adjourn by the last business day of each month. Should the Board adjourn before the last business day of a month, the County Clerk may call the Board into special session. All meetings of the Board are open to the public.
is the chief law enforcement
officer in the county and peace officer
. The Sheriff must be at least 25 years old, have been a resident of Oklahoma for two years, a qualified elector in the county, and possess at least a high school diploma. In counties with over 80,000 citizens, the Sheriff must be a certified peace officer at election. However, in counties with under 80,000 citizens, the Sheriff is given up to 12 months after the election to become certified.
When it comes to the responsibilities of the Sheriff, Oklahoma's outlaw history has bestowed the Sheriff with what is seen as full services, that is, providing tradition law-enforcement functions, including countywide patrol and investigations irrespective of municipal boundaries. As the chief peace officer, the Sheriff is responsible for ensuring the peace is preserved, riots are suppressed, and that unlawful assemblies and insurrections are controlled. The Sheriff is vested with the power to form a posse
of able-bodied men to assist him in controlling riots and lawlessness. The Sheriff also serves as the executive of all court orders and other lawful authorities within the county. To ensure justice is administered, the Sheriff is empowered to apprehend any person charged with a felony or breach of the peace and may attend any court within the county.
In order to prevent the Sheriff from abusing their position, the Sheriff is required to account for all funds collect by the office and to make a monthly report to the County Commissioners.
replaced the County Attorney
as the chief legal officer
of the county. There are 27 judicial districts with one District Attorney serving all counties located within their district. The main purpose of the office is the prosecution of all criminal actions that occur in counties in their district as well as prosecuting and defending all civil action in which any county in their district is concerned. To perform their duties, the District Attorneys are empowered to appoint assistant district attorneys, investigators, and clerks so that each county in their districts has at least one assistant district attorney. As members of the State executive branch, all officers and offices under the District Attorney are paid by the State and not the County.
Within Oklahoma there are two types of municipal governments: cities and towns. Population determines which type of government is in place. Both are municipal corporation
s in that they can both sue and be sued, may own and sell property, create debt, and may levy and collect taxes. They are the most basic level of government in Oklahoma and are also the most accessible.
The term of office of all municipal official is four years with elections held on the first Tuesday of April of each odd-numbered year.
Including both cities and towns, Oklahoma has 589 municipalities.
Municipal corporations with a population of fewer than one thousand are organized as towns while municipal corporations with a population of one thousand or more are organized as cities.
is the most common division of a county. As prescribed by the Legislature, the government of all towns is that of a Board of Trustees, the simplest government type in Oklahoma. The Board is composed of three or five members, each representing a ward, and elected at large by the town. The Board exercises both executive and legislative functions. The Trustees elect from among themselves a President of the Board, who presides over the board and serves as Mayor
of the town. The Mayor is the head of state
for the town and, depending on the duties of the given Mayor, may serve as the head of government
of the town. The judicial branch is known as Municipal Court, which is a court of no-record in Oklahoma's judicial system.
The Board of Trustees of a town:
A major responsibility of a town is the construction and maintenance of streets, parks, and sewers for the town to use as well as maintaining the public peace. Within each town are three major officials, either elected by the town as a whole or appointed by the Board:
When a town's population reaches one thousand, the municipal incorporation remains classified as a town unless a majority of the qualified voters of the community approve of a change to city government.
is a highly autonomous incorporated area usually contained within a county. Some cities span multiple counties.
Cities provide the same services as towns but operate under one of four possible government structures: aldermanic (weak mayor-council), council-manager, strong mayor-council, and home rule.
is the first form of city government provided by the Legislature. Also known as weak mayor government
, the governing body of an aldermanic city consists of the Mayor
, who is elected at large, and two councilmembers from each ward of the city, forming the City Council
. The Mayor serves as the presiding officer of the Council as well as the head of state
and head of government
of the city. The Mayor may vote on the Council but only when the Council is equally divided. The Mayor may sign or veto
any city ordinance or resolution passed by the Council. Any ordinance or resolution vetoed by the Mayor may be overturned by a two-thirds vote of the Council.
As the chief executive officer
of the city government, the Mayor:
The Council elects from among its members a President of the City Council. The Council President is elected each odd-numbered year and serves a two year term. The Council President act as the Mayor during the absence of the Mayor. In the absence of the Mayor and the Council President, the Council elects one its own members as acting Council President until the Mayor or Council President return.
The Council:
composed of one councilmember from each ward of the city and one-at large councilmember. The council then elects from among its members a Mayor and a Vice-Mayor to serve concurrent two year terms. The Mayor presides over all meetings of the council. Though recognized as head of state
of the city, the Mayor has no regular administrative duties except for signing all conveyances and other written obligations of the city as the council requires. In the absence of the Mayor, the Vice-Mayor acts as the Mayor. If a vacancy occurs in the office of Mayor, the Vice-Mayor becomes the Mayor for the remainder of the unexpired term. When a vacancy occurs in the office of Vice-Mayor, the council will elect another Vice-Mayor from among its members for the remainder of the unexpired term.
Aside from passing ordinances and raising city revenue, the council is responsible for appointing a city manager
to serve as the head of government
for the city. The city manager is appointed by a majority vote of the council to serve an indefinite term. However, the city manager may be suspended or removed at any time by a majority vote of the council. The city manager must be chosen solely on the basis of executive and administrative qualifications without regard to political affiliation. Neither the Mayor nor any members of the council may be appointed city manager during their term of office or within two years after they cease to hold such office.
The city manager is the chief executive officer
of the administrative branch of the city government. He is responsible to the council for executing the laws and administering the government of the city. Most city officials are appointed and removed by the city manager without prior council approval. The city manager also supervises and controls all administrative departments, prepares an annual budget for the council to approve, and is to keep the council advised of the financial condition and future needs of the city.
The city manager may appoint a qualified administrative officer of the city to serve as acting city manager during the temporary absence of the city manager. The council may appoint an acting city manager whenever the city manager fails to make such designation, when the city manager is suspended, or when there is a vacancy in the office of city manager.
For the most part, the city manager is mostly independent of the council in performing his administrative duties. Except for the purposes of inquiry, the council and its members can only deal with the administrative departments of the city solely through the city manager. As such, the council may not direct or request the city manager to appoint or remove city officers or employees or give orders on ordinary administrative matters to any subordinate of the city manager either publicly or privately.
form, often shortened to simply strong mayor, is the third form of city government provided by the Legislature. The governing body of a strong mayor city consists of the Mayor, who is elected at large, and one councilmember from each ward of the city. The Mayor serves as an ex officio councilmember at large. The council then elects from among its members a Vice-Mayor to serve a two year term. In the absence of the Mayor, the Vice-Mayor acts as the Mayor. When a vacancy occurs in the office of Vice-Mayor, the council shall elect from among its members another Vice-Mayor for the duration of the unexpired term. When vacancies occur in both the offices of Mayor and Vice-Mayor, the council will elect one of its members to act as Mayor.
When a vacancy occurs in the office of Mayor, the Vice-Mayor acts as Mayor until a Mayor can be elected by the council and qualified. To fill the vacancy, the council elects a registered voter of the city (who may or may not already be a council member at the time) to be Mayor until the next general municipal election and to serve until a successor is elected and qualified. Any vacancy shall then be filled at the next general municipal election by election of candidates for Mayor to complete the balance of any unexpired term. However, if the vacancy has not been filled within sixty days after it occurs, the council must call for a special election for the purpose of filling the vacancy for the duration of the unexpired term. In the event that less than one year remains of the unexpired Mayoral term, the council then elect a Mayor to serve out the remainder of the term.
The Mayor presides over all meetings of the council. As the councilmember at large, the Mayor has all the powers, rights, privileges, duties and responsibilities of any other councilmember, including the right to vote on all questions. However, if the council deems that the Mayor has a personal interest in any matter under consideration, the council may elect any councilmember to preside as temporary president of the council.
The Mayor serves as both head of state
and head of government
for the city as the city's chief executive officer
. He is responsible to the people of the city for executing the laws and for administering the government of the city. In the event of martial law
, the Governor of Oklahoma
must recognize the Mayor as head of the city. The Mayor appoints and removes most city officials without prior council approval, supervises and controls (either directly or indirectly) all city departments, prepares the annual budget for council approval, keeps the council advised of the financial condition and future needs of the city, and may grant pardons for violations of city ordinances upon the recommendation of the municipal judge.
The Mayor may appoint himself (or the council may elect or appoint him) to other offices and positions in the city government, subject to such regulations as the council prescribes. However, he may not receive additional compensation for such service. The council may provide that the Mayor shall hold ex officio designated administrative offices subordinate to the Mayor as well as other designated compatible city offices.
The City Personnel Board
A unique feature of a strong-mayor city is the presence of a City Personnel Board to ensure that a merit system
is employed by the city. The Personnel Board consists of three members elected by the council for staggered six-year terms. The Board elects from among its members a chair and vice-chair. The Personnel Board also elects a Secretary who need not be a member of the Personnel Board.
In strong-mayor form, all city employees (excluding the Mayor and the councilmembers) that are not elected, appointed, or confirmed by the council, members and secretaries of boards, commissions and other plural authorities, and personnel who serve without compensation are part of the classified service. Neither the Mayor nor any other authority may appoint or promote any person in the classified service of the city for any political reason but only for merit and fitness. Any qualified elector of the city may bring an alleged violation of the merit system before the Personnel Board for consideration and determination. Following a public hearing on the issues, if the Board finds to its satisfaction that the appointment or promotion was made in violation of the merit system, it then vetoes the appointment or promotion.
No officer or employee in the classified service may:
However, they are not prohibited from the ordinary exercise of their right as a citizen to express his opinions and to vote. An officer or employee who violates this section of the merit system may be removed from office or position either by the authority normally having power to remove him, or, after adequate opportunity for a public hearing, by the Personnel Board. An officer or employee who violates this section of the merit system is forbidden to hold any office or position in the city government for four years.
When ever a city officer or employee is laid off, suspended, demoted or removed from office by the Mayor (or subordinate of), that officer or employee may appeal the action to Personnel Board. The appeal must be in writing, and must be filed with the secretary or chair of the Personnel Board within ten days after the effective date of the layoff, suspension, demotion or removal. The Personnel Board must then hold a public hearing on the appeal. The Personnel Board must submit a report of its findings and recommendations to the Mayor. The Mayor then makes the final decision regarding the appellant's layoff, suspension, demotion or removal. However, if the Personnel Board finds to its satisfaction that the layoff, suspension, demotion, or removal was made for a political reason, it shall veto the layoff, suspension, demotion or removal.
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
of the US State of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, established by the Oklahoma Constitution
Oklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...
, is a republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
an democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
modeled after the Federal government of the United States
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
. The state government has three branches: the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, and judicial
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
. Through a system of separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
or "checks and balances," each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches.
The state government is based in Oklahoma City
Oklahoma city
Oklahoma City is the capital and largest city of the U.S. state of Oklahoma.Oklahoma City may also refer to:*Oklahoma City metropolitan area*Downtown Oklahoma City*Uptown Oklahoma City*Oklahoma City bombing*Oklahoma City National Memorial...
and the head of the executive branch is the Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
. The legislative branch is called the Legislature and consists of the Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
and the Oklahoma House of Representatives
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, the legislative body of the U.S. state of Oklahoma. Its members are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the...
. The Oklahoma Supreme Court
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
and the Oklahoma Court of Criminal Appeals
Oklahoma Court of Criminal Appeals
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government....
are the state's highest courts.
General principles
The state government of Oklahoma is divided into an executive, a legislative and a judicial branchJudiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
. The governor
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
, the state's chief executive, has a degree of direct executive power but must share executive power with other state-wide elected officers. The Lieutenant Governor
Lieutenant Governor of Oklahoma
The Lieutenant Governor of Oklahoma is the second-highest executive official of the state government of Oklahoma. As first in the gubernatorial line of succession, the Lieutenant Governor becomes the new Governor of Oklahoma upon the death, resignation, or removal of the Governor...
serves as the first-in-line successor to the Governorship should a vacancy occur.
The legislature
Oklahoma Legislature
The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
comprises the House of Representatives
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, the legislative body of the U.S. state of Oklahoma. Its members are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the...
and the Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
. It passes statutes, votes on the budget, and controls the action of the executive through oversight and the power of impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
. The President pro tempore of the Senate
President pro tempore of the Oklahoma Senate
The President pro tempore of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking State Senator. The Oklahoma Constitution states the Lieutenant Governor of Oklahoma serves ex officio as President of the Senate, and is the highest-ranking...
presides over the Senate and the Speaker of the House
Speaker of the Oklahoma House of Representatives
The Speaker of the Oklahoma House of Representatives is the presiding officer of the lower house of the Oklahoma Legislature, the Oklahoma House of Representatives. The Speaker exercises administrative and procedural functions in the House, but most importantly remains a representative of his...
presides over the House of Representatives. Both officers are in line to succeed to the Governorship in the event of a vacancy, behind the Lieutenant Governor.
The independent judiciary is based on the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
system which evolved from use in the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
. It is divided into the two courts of last resort, one (the Supreme Court
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
) dealing with civil law and the other (the Court of Criminal Appeals
Oklahoma Court of Criminal Appeals
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government....
) dealing with criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
. The Court on the Judiciary
Oklahoma Court on the Judiciary
The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction over hearing cases involving the removal of any judge of any court, excluding the Oklahoma Supreme Court, exercising judicial power under the Oklahoma...
is responsible for monitoring the activities of judges, except those of the Supreme Court. The Court of Impeachment
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
monitors the activities of all state-wide elected officials, including the Justices of the Supreme Court.
The people of the state reserve the right to directly participate
Direct democracy
Direct democracy is a form of government in which people vote on policy initiatives directly, as opposed to a representative democracy in which people vote for representatives who then vote on policy initiatives. Direct democracy is classically termed "pure democracy"...
in the government by referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
, recall
Recall election
A recall election is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended...
, and ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
.
Current Offices
| Office | Current Officer | Since | Party |
|---|---|---|---|
| Governor of Oklahoma Governor of Oklahoma The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma... |
Mary Fallin | January 10, 2011 | Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
| Lieutenant Governor Lieutenant Governor of Oklahoma The Lieutenant Governor of Oklahoma is the second-highest executive official of the state government of Oklahoma. As first in the gubernatorial line of succession, the Lieutenant Governor becomes the new Governor of Oklahoma upon the death, resignation, or removal of the Governor... |
Todd Lamb Todd Lamb (politician) Todd Lamb is a Republican United States politician from Oklahoma who is currently serving as the 16th Lieutenant Governor of Oklahoma, was a member of the Oklahoma Senate from 2004 to 2011. For the 52nd Oklahoma Legislature, Lamb's fellow Republican Senators elected him as their Majority Floor... |
January 10, 2011 | Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
| Secretary of State Secretary of State of Oklahoma The Secretary of State of the State of Oklahoma is the chief clerical officer of Oklahoma and a member of the Oklahoma Governor's Cabinet. The Secretary of State is only appointed constitutional member of the executive branch of the Oklahoma state government... |
Glenn Coffee Glenn Coffee For the American football player, see Glen CoffeeVirgil Glenn Coffee is an American lawyer and Republican politician from the US state of Oklahoma. Coffee is currently the 30th Oklahoma Secretary of State, having been appointed by Governor Mary Fallin... |
January 10, 2011 | Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
| State Auditor and Inspector Oklahoma State Auditor and Inspector The Oklahoma State Auditor and Inspector is the chief financial officer for the U.S. State of Oklahoma. The State Auditor and Inspector is responsible for overseeing and reviewing the financial accounts of all government agencies within Oklahoma.... |
Gary Jones Gary Jones (Oklahoma politician) Gary Jones is a United States businessman and Republican politician from the U.S. state of Oklahoma. He is the current Oklahoma State Auditor and Inspector.-Personal:... |
January 10, 2011 | Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
| Attorney General Attorney General of Oklahoma The Attorney General of Oklahoma is the State Attorney General for the state of Oklahoma. The Attorney General serves as the chief legal and law enforcement officer of the State of Oklahoma. The Attorney General is responsible for providing legal advise to the various agencies and departments of... |
Scott Pruitt Scott Pruitt Scott Pruitt is a United States lawyer and Republican politician from the U.S. state of Oklahoma. He is the current Oklahoma Attorney General.Pruitt was a State Senator, representing Tulsa and Wagoner counties from 1998 until 2006... |
January 10, 2011 | Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
| State Treasurer | Ken A. Miller Ken A. Miller Kenneth A. "Ken" Miller is an American educator and Republican politician from Oklahoma. Miller is the 18th and current Oklahoma State Treasurer, having won that position in the 2010 state election.... |
January 10, 2011 | Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
| State School Superintendent | Janet Barresi | January 10, 2011 | Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
| Labor Commissioner Oklahoma Labor Commissioner The Oklahoma Commissioner of Labor is an elective executive officer of the State of Oklahoma. The Labor Commissioner serves as the head of the Oklahoma Department of Labor... |
Mark Costello Mark Costello (Oklahoma politician) -Personal life:Costello is a fourth generation Oklahoman, born and raised in Bartlesville. After graduating from Bartlesville's College High, he put himself through the University of Kansas by working summers on oil rigs in and around the North Sea. He has been married for 28 years and has 5... |
January 10, 2011 | Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
| Insurance Commissioner Oklahoma Insurance Commissioner The Oklahoma Insurance Commissioner is an elected executive officer of the state of Oklahoma. The Insurance Commissioner serves as the head of the Oklahoma Department of Insurance. The Insurance Department is charged with executing of all laws relating to insurance and insurance companies doing... |
John D. Doak John D. Doak John D. Doak is an American Republican politician from Oklahoma who is serving as the 12th and current Oklahoma Insurance Commissioner.- Biography :... |
January 10, 2011 | Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
| Corporation Commissioner Oklahoma Corporation Commission The Oklahoma Corporation Commission is the public utilities commission of the state of Oklahoma run by three state-wide elected Commissioners, assisted by over 400 employees... (by length of tenure) |
Bob Anthony Bob Anthony Bob Anthony is a Republican politician from the U.S. state of Oklahoma. Anthony is currently serving his fourth consecutive six-year term on the Oklahoma Corporation Commission, where he has served since 1989... |
January 9, 1989 | Republican Republican Party (United States) The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S... |
| Corporation Commissioner Oklahoma Corporation Commission The Oklahoma Corporation Commission is the public utilities commission of the state of Oklahoma run by three state-wide elected Commissioners, assisted by over 400 employees... |
Jeff Cloud Jeff Cloud (politician) Jeff Cloud is an American Republican politician from the U.S. state of Oklahoma. Jeff Cloud was elected statewide to a six-year term on the Oklahoma Corporation Commission on November 5, 2002, and assumed the chairmanship of the Commission in June 2005... |
January 13, 2003 | Republican |
| Corporation Commissioner Oklahoma Corporation Commission The Oklahoma Corporation Commission is the public utilities commission of the state of Oklahoma run by three state-wide elected Commissioners, assisted by over 400 employees... |
Dana Murphy Dana Murphy Dana Murphy is a Republican politician from the U.S. state of Oklahoma. Murphy is currently serving her second term, and first full term, on the Oklahoma Corporation Commission.... |
January 12, 2009 | Republican |
Constitution
A popular referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
approved the constitution of the Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
on September 17, 1907, which came into effect upon Oklahoma's ratification of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
on November 17, 1907. The ratification of both documents marked Oklahoma as the 46th US State.
The constitution contains a bill of rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
in itself, but its preamble mentions the principles the government of Oklahoma is to uphold. The constitution's preamble states that the state government is to:
- "...secure and perpetuate the blessing of liberty; to secure just and rightful government; [and] to promote our mutual welfare and happiness..."
Among these foundational principles protected by the Oklahoma bill of rights are: political power derives from the consent of the people; the people have the inherent rights to life, liberty, the pursuit of happiness, and the enjoyment of the gains of their own industry; the right to peaceful assembly; a ban on the interference with suffrage; the definition of treason; the right to trial by jury; and that marriage in the State of Oklahoma is defined as being between a man and a woman.
Legislative Branch
Oklahoma Legislature
The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
, which makes up the legislative branch, consists of two chambers: the Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
and the House of Representatives
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, the legislative body of the U.S. state of Oklahoma. Its members are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the...
. All of the State's legislative authority is vest within the Legislature. The most important of these powers are the powers to levy and collect taxes, borrow money, raise and maintain the militia of the State. The constitution grants the Legislature the authority to legislate on all rightful subjects of legislation.
The Legislature meets for one 4-month regular session each year from February to May However, under special circumstances, the Governor or the two-thirds of Legislature can call special sessions. The Governor has a strong influence in shaping the agenda of the Legislature. All acts of the Legislature must be approved by a majority in both houses and signed by the Governor to be enacted into law. However, should the Governor veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
the bill, the Legislature, by a two-third vote in both houses, may over turn the Governor's veto and the bill be enacted into law without the Governor's signature. On appropriations bills
Appropriation bill
An appropriation bill or running bill is a legislative motion which authorizes the government to spend money. It is a bill that sets money aside for specific spending...
, however, the Governor has a line-item veto
Line-item veto
In United States government, the line-item veto, or partial veto, is the power of an executive authority to nullify or cancel specific provisions of a bill, usually a budget appropriations bill, without vetoing the entire legislative package...
.
Under the Constitution, members of both houses enjoy the privilege
Privilege
A privilege is a special entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. It can be revoked in certain circumstances. In modern democratic states, a privilege is conditional and granted only after birth...
of being free from arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
in all cases, except for treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
, felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, and breach of the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
. This immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
applies to members during sessions and when traveling to and from sessions. The constitution also guarantees absolute freedom of debate in both houses, providing, "for any speech or debate in either House, shall not be questioned in any other place."
Members of the Legislature are limited to a combined total of 12 years service in the Legislature, regardless of house.
Senate
The Senate is the upper house of the Legislature with its 48 seats divided equally among the state's 48 senatorial districts. The State Senators serve a four-year staggered term, with half of the Senate up for reelection every even numbered year. The presiding officer in the Senate is the Lieutenant Governor in their role as President of the Senate. However, the Lieutenant Governor does not normally preside, so in place of the Lieutenant Governor is President pro tempore of the Oklahoma SenatePresident pro tempore of the Oklahoma Senate
The President pro tempore of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking State Senator. The Oklahoma Constitution states the Lieutenant Governor of Oklahoma serves ex officio as President of the Senate, and is the highest-ranking...
, who is third in line to succeed the Governor in the event of his removal from office.
The Senate is required to give their advice and consent to many executive branch appointments made by the Governor.
House of Representatives
The House of Representatives is the lower house of the Legislature with its 101 seats divided equally among the state's 101 house districts. Each member serves for a two-year term with the entire House up for reelection every even numbered year. The presiding officer in the House is the Speaker of the Oklahoma House of RepresentativesSpeaker of the Oklahoma House of Representatives
The Speaker of the Oklahoma House of Representatives is the presiding officer of the lower house of the Oklahoma Legislature, the Oklahoma House of Representatives. The Speaker exercises administrative and procedural functions in the House, but most importantly remains a representative of his...
, who is fourth in line to succeed the Governor after the Lieutenant Governor and President Pro Tempore of the Senate.
All bills for raising revenue may only originate in the House of Representatives though the Senate may alter and amend them as the body sees fit.
Executive Branch
The executive branchExecutive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
is the branch of the Oklahoma State government that executes the laws of Oklahoma. The branch, consisting of over 300 state agencies, boards, and commissions, is headed by the Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
, who is assisted by eleven other state-wide officials.
Governor of Oklahoma
The Governor is both head of stateHead of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
for Oklahoma. Under the constitution, the Governor is elected to serve a four-year term. Originally, the Governor was term limited to only one term in office at a time but this has since been modified to allow up to two consecutive terms. The Governor presides over the executive branch, commands the militia of the state, and makes sure that the laws of the state are enforced and that the peace is preserved. The Governor is the State's chief representative and spokesperson to the other states within the United States, the United States federal government, and all foreign nations. The Governor must sign all bills passed by the Legislature in order for those bills to become law. Should the Governor veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
a bill, the Legislature may override his veto with a two-thirds vote.
In certain emergencies the Governor may assume special, comprehensive powers. These powers involve greater police power and near absolute control over state, county, and local agencies and resources. During emergencies, the Governor is also allowed a limited-form of rule by decree
Rule by decree
Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs, although philosophers such as Giorgio Agamben have argued that it has been generalized since World War I in all modern states,...
. All state, county, and local officers and personnel become subject to the Governor during the emergency and must obey his directions. With the exception of the members of the Legislature, any official who fails to obey any of his orders may be removed from office by the Governor.
However, in normal times, the Governor may not enact legislation or directly control the county and local agencies. The Governor may issue executive orders (when empowered to do so by a specific provision of the Constitution or an act of the Legislature) which are binding throughout the State. Such executive order do not have the force of law and may only be issued when related directly to the Governor's duties. If the Legislature is controlled by his political party, however, the Governor may strongly suggest the adoption of certain legislation, or request other executive officers to take such actions as the Governor sees fit.
In order to be elected Governor, any gubernatorial candidate is required to obtain a state-wide plurality of all votes cast in their election. Given the dominance of the two-party system
Two-party system
A two-party system is a system where two major political parties dominate voting in nearly all elections at every level of government and, as a result, all or nearly all elected offices are members of one of the two major parties...
in Oklahoma (between the Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
and the Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
), the plurality is often a majority as well. However, in case the event that two or more candidates have an equal number of votes, the Legislature, by joint ballot, elects one of those candidates Governor.
The constitution names the Governor the state's chief magistrate and vested in him the supreme executive power. As a consequence, the Governor is the preeminent figure in Oklahoma politics
Politics of Oklahoma
Politics of Oklahoma takes place in a framework of a presidential republic modeled after the United States, whereby the Governor of Oklahoma is both head of state and head of government, and of a pluriform two-party system. Executive power is exercised by the Governor and the government...
. Though he shares power with many other executive officers, in the event of a vacancy anywhere in the executive branch, he appoints their successor. The Governor appoints the heads of most all state departments and agencies as well as the members of most state commissioners and boards. However, these appointments do require Senate approval. Some serve at his pleasure while others serve fixed terms.
Mary Fallin
Mary Fallin
Mary Fallin is the 27th and current Governor of the U.S. state of Oklahoma. She was a U.S. Representative for from 2007 until 2011....
became Governor on January 10, 2011, succeeding Brad Henry
Brad Henry
Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002...
.
Lieutenant Governor
The Lieutenant Governor is the second highest official in the Oklahoma government and the first in line to succeed to the Governorship in the event of a vacancy. Though elected for a four year term that runs concurrent with that of the Governor, the two do not run together as running mateRunning mate
A running mate is a person running together with another person on a joint ticket during an election. The term is most often used in reference to the person in the subordinate position but can also properly be used when referring to both candidates, such as "Michael Dukakis and Lloyd Bentsen were...
s. In the absence of the Governor, the Lieutenant Governor assumes all powers and duties of office of Governor. However, as long as the Governor remains in the state and is capable of discharging his duties as Governor, the Lieutenant Governor's main role is that of the President
President of the Senate
The President of the Senate is a title often given to the presiding officer of a senate, and is the speaker of other assemblies.The senate president often ranks high in a jurisdiction's succession for its top executive office: for example, the President of the Senate of Nigeria is second in line...
of the Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
, a position of limited de jure influence.
The Lieutenant Governor's de facto power is based primarily upon the individual holding the office. When the Governor and Lieutenant Governor are of the same political party, the Governor often uses the Lieutenant Governor as a chief adviser or appointee. However, when the two are differing political parties, the Lieutenant Governor's influence is minimal.
Independent executive offices
Along side the Governor and Lieutenant Governor are ten other independent executive offices. With the exception of the Secretary of State, these independent offices do not owe loyalty to the Governor as they are elected state-wide and exercise authority outside the control of the Governor. The general rule is that, while independent of the Governor, the other state-wide executive officers are at the disposal of the Governor as he is the chief executive. This is enforced through statutory restriction on the independent offices authority to act without the Governor's approval and the ability of the Governor to force the independent offices to act according to his will. The greatest power of the Governor over the independent executive offices is the Governor's ability to determine each office's annual budget.These executive officers have some specialized regulatory power, some executive power, and some quasi-judicial
Quasi-judicial body
A quasi-judicial body is an individual or organization which has powers resembling those of a court of law or judge and is able to remedy a situation or impose legal penalties on a person or organization.-Powers:...
power. The Governor and Legislature often consult them on matters before enacting new laws.
The independent executive offices are as follows:
- The Attorney General of OklahomaAttorney General of OklahomaThe Attorney General of Oklahoma is the State Attorney General for the state of Oklahoma. The Attorney General serves as the chief legal and law enforcement officer of the State of Oklahoma. The Attorney General is responsible for providing legal advise to the various agencies and departments of...
serves as the state's chief legal officerChief Legal OfficerA chief legal officer is the highest-ranking corporate officer concerning legal affairs of a corporation or agency. Chief legal officers typically hold the title of general counsel.- Skill requirements :...
and adviser. Either the Attorney General himself or one of his officers represents the State in all litigation or hearing before boards and commissions. One of the main responsibilities of the Attorney General is to issue opinions on laws to state officials. The Attorney General can also call multi-county grand juries to investigate crimes that have occurred in more than one county. - The Secretary of State of OklahomaSecretary of State of OklahomaThe Secretary of State of the State of Oklahoma is the chief clerical officer of Oklahoma and a member of the Oklahoma Governor's Cabinet. The Secretary of State is only appointed constitutional member of the executive branch of the Oklahoma state government...
was an elected official from statehood until 1975 when it become appointed by the Governor with the approval of the Senate. The state's chief elections officer and certification official, the Secretary of State is responsible for maintaining the Great Seal of Oklahoma and the original Constitution signed in 1907. The Secretary of State is also responsible for various executive, legislative, and judicial functions within the State government. The Secretary of State also serves as a member of the Governor's Cabinet. - The Oklahoma State Treasurer is the administrator and manager of the state's depository of all state funds collected by Oklahoma's various state agencies. The office's major duty is to select banks and investments in which to place State funds to yield profit for the State at large. The Treasure maintains an accurate account of all money received and distributed by the Oklahoma State Treasury. The Treasurer also delivers all state warrants, checks, and bonds to the Oklahoma Office of State FinanceOklahoma Office of State FinanceThe Oklahoma Office of State Finance is the Oklahoma state government agency that prepares the Governor of Oklahoma’s annual budget, analyzes the effectiveness of state management, manages the state’s budget system and makes appropriate allotments and transfers throughout the state government...
. - The Oklahoma Superintendent of Public Instruction, often referred to as the Oklahoma State School Superintendent, supervises and manages the public school system of the state and serves as the chair of the Oklahoma State Board of EducationOklahoma State Board of EducationThe Oklahoma State Department of Education is the state education agency of the State of Oklahoma charged with determining the policies and directing the administration and supervision of the public school system of Oklahoma...
. The Superintendent publishes school laws, opinions of the laws, and submits annual reports to the Governor on the condition of public schools. The Superintendent as also an ex officio member of the State Emergency Fund Board and chairman of the State Career Tech Board. In order to hold this office, a candidate must be the same qualifications as the Governor along with a master's degreeMaster's degreeA master's is an academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice...
in school administration and a valid administrator's certificate. - The Oklahoma Insurance CommissionerOklahoma Insurance CommissionerThe Oklahoma Insurance Commissioner is an elected executive officer of the state of Oklahoma. The Insurance Commissioner serves as the head of the Oklahoma Department of Insurance. The Insurance Department is charged with executing of all laws relating to insurance and insurance companies doing...
main duty is administer state laws dealing with insurance companies operating in the State. The Commissioner possesses great power in auditing insurance companies to make certain that they pay claims to their policy holders. When ever an insurance company faces financial issues, courts usually appoints the Commissioner to serve as a trustee. - The Oklahoma Corporation CommissionOklahoma Corporation CommissionThe Oklahoma Corporation Commission is the public utilities commission of the state of Oklahoma run by three state-wide elected Commissioners, assisted by over 400 employees...
consists of three Corporation Commissioners, each of at least 30 years, serving staggered six year terms. The three Commissioners regulates rates charged by and otherwise supervises all public utilities (including telephone, electric, gas, and water) doing business within the State. The Commission also regulates all cotton gin, trucking, and public transportation businesses. The Commission enforces oil and gas conservation laws and regulates pipeline companies. The Commission is empowered to inspect the books and records of companies operating under their supervision and have extensive power to punish violators of its orders. In order to serve on the Corporation Commission, a candidate can not own personal interests within the companies the Commission regulates. - The Oklahoma State Auditor and InspectorOklahoma State Auditor and InspectorThe Oklahoma State Auditor and Inspector is the chief financial officer for the U.S. State of Oklahoma. The State Auditor and Inspector is responsible for overseeing and reviewing the financial accounts of all government agencies within Oklahoma....
prescribes a uniform system of bookkeeping for the county treasurers and the State Treasurer. Twice annually, without notice, the Auditor and Inspector audits the books and accounts of the State Treasurer and the county treasurers. If wrongdoing is suspected in the state, county, or local governments, the Auditor and Inspector is empowered to investigate, audit the books of the suspect in question, and make recommendations to solve the problem. - The Oklahoma Labor CommissionerOklahoma Labor CommissionerThe Oklahoma Commissioner of Labor is an elective executive officer of the State of Oklahoma. The Labor Commissioner serves as the head of the Oklahoma Department of Labor...
is responsible for supervising the administration of all state laws relating to labor and workplace safety and gathers and publishes information about the workforce of Oklahoma.
The State Cabinet
With the exception of the independent constitutional executive offices, the Governor oversees the entire state executive branch. It is organized into several dozen departments, of which, all have been grouped together under a Cabinet Area to reduce the number of people who report directly to the Governor. For example, the Oklahoma Department of TransportationOklahoma Department of Transportation
The Oklahoma Department of Transportation is an agency of the government of Oklahoma responsible for the construction, maintenance, and regulation the use of the state's transportation infrastructure...
and the Oklahoma Turnpike Authority are organized in the Transportation Cabinet Area. The vast majority of state government agencies and departments are headquartered in Oklahoma City or Tulsa, with the larger agencies and departments having district offices around the state which report to headquarters in Oklahoma City or Tulsa.
All Cabinet Areas are headed by Cabinet-level officers who all hold the title of "Secretary". The head of a department usually holds the title of "director" or "commissioner". A Cabinet Secretary may serve concurrently as a Department Director. The Governor appoints, with the approval of the Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
, all the Secretaries. Each of the Secretaries advise the Governor on any policy changes or problems within their Cabinet Area, represent the Governor in administering their Cabinet Area as directed by the Governor, and to coordinate information gathering on their Cabinet Area for the Governor Legislature as may be required. The Secretaries, however, may not direct nor control any department within their Cabinet Area without authorization by the Governor through executive order.
All Cabinet Secretary together make up the Oklahoma State Cabinet
Oklahoma State Cabinet
The Cabinet of the Governor of Oklahoma is a body of the most senior appointed officials of the executive branch of the government of Oklahoma. Originally an informal meeting between the Governor of Oklahoma and various government officials, the Governor's Cabinet has evolved into a major part of...
. Created in 1986 under the Executive Branch Reform Act of 1986
Executive Branch Reform Act of 1986
The Executive Branch Reform Act of 1986 is an Oklahoma state law that requires the Governor of Oklahoma to organize the various departments, agencies, boards, commissions and other entities of the state's executive branch into a cabinet system.The Executive Branch Reform Act was signed into law by...
, the Cabinet was implemented to provide better organization and administration to the various state departments, agencies, boards, commissions and other entities of the executive branch to "improve the effectiveness, efficiency and accountability of state government."
Within 45 days of assuming office, the Governor must organize his cabinet. State law requires only the creation of the Department of Veteran Affairs and the Department of Information Technology. Within those first 45 days, the Governor may create any department he desires and place under them any agencies, committees, and boards with "similar programmatic or administrative objectives" as the Governor determines. The Governor must create at least 10 departments but no more than 16 (including the Departments of Veteran Affairs and Information Technology). After the Governor has created the Cabinet he may not unilaterally change its composition. This would require legislation from the Legislature at the initiation of the Governor.
All of the Secretaries serve at the pleasure of the Governor, and may be removed from their position at any time. However, should a Secretary also be the head of an agency, their addition to or removal from the Cabinet will not effect their position within the agency. When ever a Secretary position is vacant, for any reason, the Governor must appoint a replacement within 30 calendar days, who must be confirmed by the Senate. Should the Senate not be in session, the appointment candidate may serve in the Secretary position until the Senate reconvenes to confirm the appointment.
The Secretary of State of Oklahoma
Secretary of State of Oklahoma
The Secretary of State of the State of Oklahoma is the chief clerical officer of Oklahoma and a member of the Oklahoma Governor's Cabinet. The Secretary of State is only appointed constitutional member of the executive branch of the Oklahoma state government...
and the Adjutant General of Oklahoma
Adjutant General of Oklahoma
The Adjutant General of Oklahoma is the highest ranking military official in the state of Oklahoma, subordinate only to the Governor of Oklahoma...
are the only ex officio members of the Cabinet, both of whom are appointed by the Governor for reasons other than the State Cabinet. The Secretary of State does not head a Department as the other Secretaries do, but the Office of the Secretary of State instead. The Adjutant General is second-in-command of Oklahoma National Guard
United States National Guard
The National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States. Militia members are citizen soldiers, meaning they work part time for the National...
, under the Governor, and serves as the chief military adviser to the Governor and the head of the Military Department of Oklahoma as the Secretary of the Military.
The sixteen Secretary positions within the Oklahoma Cabinet under current Governor Brad Henry
Brad Henry
Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002...
are as followed:
- The Secretary of Agriculture is mainly a regulatory agency, oversees departments that protect and educate consumers about Oklahoma's agricultural and livestock productions. It includes the Oklahoma Department of Agriculture, Food, and ForestryOklahoma Department of Agriculture, Food, and ForestryThe Oklahoma Department of Agriculture, Food, and Foresty is a department of the government of Oklahoma under the Oklahoma Secretary of Agriculture. It is responsible for providing services and expertise that promote and protect Oklahoma's food supply and natural resources while stimulating...
. - The Secretary of Commerce and Tourism is charged with the creation and retention of jobs, the growth of investment, the development of communities, the increase of per capita income within the State, and the Oklahoma Department of CommerceOklahoma Department of CommerceThe Oklahoma Department of Commerce is a department of the government of Oklahoma under the Oklahoma Secretary of Commerce and Tourism. The Department is responsible for the supporting local communities, stimulating growth of the existing businesses, attracting new business, and promoting the...
. The Oklahoma Department of Commerce is also designated as the State Energy Office for Oklahoma, managing funds from the U.S. Department of Energy division of Energy Efficiency and Renewable Energy. - The Secretary of Education oversees Oklahoma Public School system and the state's libraries, regulates and informs citizens on careers in education. It includes the office of the Oklahoma Superintendent of Public Instruction.
- The Secretary of Energy oversees the production and regulation of Oklahoma's energy producers and the Oklahoma Corporation Commission. The Oklahoma Department of Energy was abolished in 1981, as referenced in Oklahoma Statutes, Title 74, Section 3361.1.
- The Secretary of the Environment is charged with the protection and enhancement of Oklahoma's environment and natural resources through preservation, conservation, restoration, education and enforcement to maintain and improve the environmental quality and natural beauty of the state and better the standard of living for all Oklahomans.
- The Secretary of Finance and Revenues oversees the collection of taxes and administers the state treasury. It includes the State Treasurer of OklahomaState Treasurer of OklahomaThe State Treasurer of Oklahoma is the chief custodian of Oklahoma’s cash deposits, monies from bond sales, and other securities and collateral and directs the investments of those assets. The Treasurer provides for the safe and efficient operation of state government through effective banking,...
and the Oklahoma Auditor and Inspector. - The Secretary of Health is charged with the protection and promotion of health of the citizens of Oklahoma, to prevent disease and injury and to assure conditions for good health, oversees both physical and mental health as well as substance abuse and health care.
- The Secretary of Human Services oversees the largest state department and is responsible for overseeing child care, disability services, foster care, adoption agencies, and other human services agencies, boards, and commissions.
- The Secretary of Human Resources and Administration is responsible for providing comprehensive human resource services to all state agencies and employees, such as overseeing employee benefits and employment securities. It contains the Office of Personnel Management
- The Secretary of Information Technology oversees the use of information technology and telecommunications by the state government and serves as the chief information officerChief information officerChief information officer , or information technology director, is a job title commonly given to the most senior executive in an enterprise responsible for the information technology and computer systems that support enterprise goals...
of the state. Permanent Cabinet Department. - The Secretary of the Military runs the day to day administration of the Oklahoma National GuardUnited States National GuardThe National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States. Militia members are citizen soldiers, meaning they work part time for the National...
, including the organization, training, and preparation of the Guard. The Adjutant General of OklahomaAdjutant General of OklahomaThe Adjutant General of Oklahoma is the highest ranking military official in the state of Oklahoma, subordinate only to the Governor of Oklahoma...
is the ex offico Military Secretary. - The Secretary of Public Safety provides safety and security for Oklahoma's citizens through law enforcement and protection agencies, runs the State correction penitentiaries/ It includes the office of the Attorney General of OklahomaAttorney General of OklahomaThe Attorney General of Oklahoma is the State Attorney General for the state of Oklahoma. The Attorney General serves as the chief legal and law enforcement officer of the State of Oklahoma. The Attorney General is responsible for providing legal advise to the various agencies and departments of...
, Oklahoma District Attorneys CouncilOklahoma District Attorneys CouncilThe Oklahoma District Attorneys Council is an agency of the state of Oklahoma that provides professional organization for the education, training and coordination of technical efforts of all Oklahoma state prosecutors and to maintain and improve prosecutor efficiency and effectiveness in enforcing...
, the Oklahoma State Bureau of InvestigationOklahoma State Bureau of InvestigationThe Oklahoma State Bureau of Investigation is an independent state law enforcement agency of the government of Oklahoma. The OSBI assists the city police departments of the state and is the primary investigative agency of the state government...
, the Oklahoma Department of Public SafetyOklahoma Department of Public SafetyThe Oklahoma Department of Public Safety is a department of the government of Oklahoma. Under the supervision of the Oklahoma Secretary of Safety and Security, DPS provides for the safety of Oklahomans and the administration of justice in the state...
, and the Oklahoma Highway PatrolOklahoma Highway PatrolThe Oklahoma Highway Patrol is a major state law enforcement agency of the government of Oklahoma. It is a division of the Oklahoma Department of Public Safety. The Oklahoma Highway Patrol was legislatively created in 1937 due to the growing problem of motor vehicle accidents, the expansion of a...
. - The Secretary of Science and Technology oversees all efforts to use science and technology to improve government to better serve the citizens of Oklahoma.
- The Secretary of Transportation is charged with providing a safe, economical, and effective transportation network for the people, commerce and communities of Oklahoma. It oversees the Oklahoma Turnpike Authority and all Ports Authorities within the state.
- The Secretary of Veterans Affairs is charged with ensuring all Oklahoma veterans and their families receive all possible benefits and providing health services and long-term skilled care in a residential environment to all qualified veterans residing in the state. The Oklahoma Department of Veterans AffairsOklahoma Department of Veterans AffairsThe Oklahoma Department of Veteran Affairs is a department of the state of Oklahoma under the supervision of the Oklahoma Secretary of Veterans Affairs charged with providing medical and rehabilitative services for veterans and their families....
is a permanent Cabinet Department. - The Secretary of State
Judicial Branch
The judicial system of OklahomaJudiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
is the branch of the Oklahoma state government that interprets the state's laws and constitution. Headed by the Supreme Court
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
, the judiciary consists of two courts of last resort, courts of general jurisdiction, and courts of limited jurisdiction. Also, the Oklahoma judiciary contains two independent courts. The split court of last resort system (with the Oklahoma Supreme Court handling civil matters and the Oklahoma Court of Criminal Appeals handing criminal matters) exists only in Oklahoma and neighboring Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
.
All judges and justices requiring appointment are appointed by the Governor. Candidates must first go through a nominating process through the Oklahoma Judicial Nominating Commission
Oklahoma Judicial Nominating Commission
The Oklahoma Judicial Nominating Commission is the judicial nominating commission of the U.S. state of Oklahoma. It selects potential justices and judges for gubernatorial appointments for judges for state appellate courts.-History:...
, which selects three candidates to submit to the Governor for a single selection to the office.
The Supreme Court
The Supreme CourtOklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
consists of a Chief Justice, a Vice-Chief Justice, and seven Associate Justices who are appointed by the Governor from a list of three judges submitted by the Judicial Nomination Commission. Justices are also ratified by the electorate at the next general election following their appointment and at the end of each six year term. Justices serve until they resign or fail to be retained in office. The Supreme Court's decisions are binding on all lower state courts.
The court has original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
have general superintendent control over all inferior courts in the judiciary and all agencies, commissions and boards exercising power under the constitution. The court has appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
co-extensive with that of the state's borders on all cases "at law and in equity" except criminal cases, in which the Court of Criminal Appeals has exclusive appellate jurisdiction. If in any event there is any conflict in determining which court has jurisdiction, the Supreme Court is granted the power to determine which court has jurisdiction, with not appeal from the Court's determination.
The Supreme Court is headquartered in the Oklahoma State Capitol
Oklahoma State Capitol
The Oklahoma State Capitol is the house of government of the U.S. state of Oklahoma. It is the building that houses the Oklahoma Legislature, and the meeting place of the Oklahoma Supreme Court. It is located along Lincoln Boulevard in Oklahoma City. The present structure includes a dome that was...
in Oklahoma City, Oklahoma
Oklahoma City, Oklahoma
Oklahoma City is the capital and the largest city in the state of Oklahoma. The county seat of Oklahoma County, the city ranks 31st among United States cities in population. The city's population, from the 2010 census, was 579,999, with a metro-area population of 1,252,987 . In 2010, the Oklahoma...
and hears oral arguments each year.
The Supreme Court supervises the lower courts through the Administrative Office of the Courts, and also supervises Oklahoma's legal profession through the Oklahoma Bar Association. All lawyer admissions and disbarments are done through recommendations of the Association, which are then routinely ratified by the Supreme Court. The Association has approximately 11,000 active attorneys in Oklahoma and a total membership of more than 15,000.
Five of the nine justices are required to affair, modify, or overturn any ruling of any lower court. Once the Court has reached a decision, one justice is selected to write the Court's opinion. Once published, the opinion becomes the controlling factor in the state's law surrounding the issue(s) it addresses. This is known as stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
.
The justices select from among their members a Chief Justice and Vice Chief Justice to serve two year term. The Chief Justice of Oklahoma is responsible for the administration of all courts in the Oklahoma Judiciary and establishes rules for all courts to follow. The Chief Justice also oversees all practicing attorneys in the State.
The Court of Criminal Appeals
The Court of Criminal AppealsOklahoma Court of Criminal Appeals
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government....
consists of a Presiding Judge and four Judges who are appointed by the Governor from a list of three judges submitted by the Judicial Nomination Commission. Justices are also ratified by the electorate at the next general election following their appointment and at the end of each six year term. Justices serve until they resign or fail to be retained in office. The Supreme Court's decisions are binding on all lower state courts.
Unlike most states, Oklahoma has two courts of last resort. The Supreme Court determines all issues of a civil nature, and the Oklahoma Court of Criminal Appeals decides all criminal matters. Unlike the Supreme Court, the Court of Criminal Appeal has mandatory review jurisdiction when ever a sentence from a lower court involved the death sentence
Death Sentence
Death Sentence is a short story by the American science-fiction writer Isaac Asimov. It was first published in the November 1943 issue of Astounding Science Fiction and reprinted in the 1972 collection The Early Asimov.-Plot summary:...
.
Court of Appeal justices are selected, confirmed, and ratified just like the Supreme Court justices.
The Court of Civil Appeals
The state created the Court of Civil AppealsOklahoma Court of Civil Appeals
The Oklahoma Court of Civil Appeals is an intermediate appellate court in the state of Oklahoma.Cases are assigned to it by the Oklahoma Supreme Court, the state's highest court for civil matters....
because the Oklahoma Supreme had neither the time nor resources to hear all cases brought before it. When a case is brought before the Oklahoma Supreme, the Supreme Court may choose to send the case to one of the four division of the Court of Civil Appeals, two located in Tulsa and two in Oklahoma City. Each division of the court has three judges, appointed for life, but must stand for election every six years to retain their positions.
Two of the three judges may choose to reaffirm, modify, or overturn any ruling of any lower court. However, if the Oklahoma Supreme Court disapproves of the courts ruling, it may review the decision and change it as the Court deems necessary.
The District Courts
Each of Oklahoma's 77 counties has its own district court, which adds up to a total of 77 District Courts. The District Courts have general jurisdiction over all civil and criminal matters, with the exception of certain limited areas like workers' compensationWorkers' compensation
Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
where original jurisdiction is reserved by statute to other courts. Each District Court is presided over by either a single or multiple District Judges with at least one Associate District Judge to administer justice in each county. The judges are elected, in a nonpartisan manner, to serve a four year term. In the event of a vacancy in any of the district courts, the Governor appoints a judge to serve until the next elections. In the event of a heavy caseload in the district, a Special Judge may be appointed to assist the District Judge.
The 77 District Courts are divided into 27 Districts, with each district having at least one District Judge to over the Associate District Judges. Above the 27 District are nine Judicial Administrative Districts (JAD), involving several Districts, to assure a well-organized system. From among the District Judges of the JAD, one is selected to serve as the Presiding Judge, who is responsible for the administrative matters of their district. The Presiding Judge is answerable to the Supreme Court.
Civil appeals are heard by the Oklahoma Supreme Court and criminal appeals are heard by the Oklahoma Court of Criminal Appeals.
All District Judges must live in the district in which they are seeking election. Associate judges must have been a practicing lawyer or judge for the past two years. There are a total of about 71 District Judges, 77 Associate District Judges, and 78 Special District Judges.
Courts of Limited Jurisdiction
- The Workers' Compensation Court is a special court, consisting of ten judges, that hears all worker's compensation claims. The judges are selected by the Governor to serve a six-year term. All claims submitted are heard by a single judge in either Tulsa or Oklahoma CityOklahoma cityOklahoma City is the capital and largest city of the U.S. state of Oklahoma.Oklahoma City may also refer to:*Oklahoma City metropolitan area*Downtown Oklahoma City*Uptown Oklahoma City*Oklahoma City bombing*Oklahoma City National Memorial...
. If a party disapproves of the judge's ruling, they may appeal to a three judge panel called the Court En Banc. Appeals for the Court En Banc are heard by the Oklahoma Supreme Court. - The Court on Tax Review is a special court in the Oklahoma judiciary charged with hearing disputes involving illegal taxes levied by county and city governments. All tax review cases are sent to the Chief Justice of Oklahoma, who then sends the claim to the presiding judge of the administration district from which the claim originated. The presiding judge then appoints three judges to serve as the Court on Tax Review. Appeals from the court are heard by the Oklahoma Supreme Court
Independent judicial bodies
Though party of Oklahoma's court system, there are two courts the operate without the oversight of the Supreme Court.The Court on the Judiciary
The Court on the JudiciaryOklahoma Court on the Judiciary
The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction over hearing cases involving the removal of any judge of any court, excluding the Oklahoma Supreme Court, exercising judicial power under the Oklahoma...
is one of the two independent courts in the Oklahoma Judiciary. The court responsible for removing judges from their position if they have committed legal acts. One of two such courts in the nation
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
(other than Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
), the Court on the Judiciary insure that other courts best administer justice.
If any judge exercising judicial power under the Oklahoma Constitution, other than the Justices of the Oklahoma Supreme Court, are found guilty of gross neglect of duty, corruption in office, habitual drunkenness, commission while in office of any offense involving moral turpitude, gross partiality in office, oppression in office, or other grounds as specified by the legislature may be either forcefully removed from office. Forced retirement may occur if the court finds the judge in question to be mentally or physically to perform their job. No other penalties may be imposed by this court, however later charges may be levied by other courts.
The Court on the Judiciary consists of a nine-member Trial Division and a five member Appellate Division. The courts jurisdiction may be called into force by the Governor, Attorney General, Oklahoma Supreme Court, the Oklahoma Bar Association, or by the House of Representatives. Also, private citizens can file a formal complaint against a judge to be heard by the Oklahoma Council on Judicial Complaints
Oklahoma Council on Judicial Complaints
The Oklahoma Council on Judicial Complaints is an agency of the state of Oklahoma that investigates allegations of judicial misconduct and can recommend a judge be reprimanded by the Oklahoma Supreme Court or recommend the judge's removal from office by the Oklahoma Court on the Judiciary. The...
. It the complaint is approved, the case is heard by the Trial Division of the Court.
All cases brought before the Court are heard by the Trial Division. Any appeals from the Trial Division are heard by the Appellate Divisions. There are no appeals from the Appellate Division's decisions, and not even the Oklahoma Supreme Court may change its rulings.
The Court of Impeachment
The Court of ImpeachmentOklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
, which is the Senate sitting, is the second independent court in the Oklahoma judiciary. Impeachment charges are brought by the House of Representatives, and they are heard by the Senate, with the Chief Justice of Oklahoma presiding, unless the Chief Justice or any member of the Oklahoma Supreme Court is charged, in which case the Senate shall select one of its own members to preside.
Impeachment charges may only be brought against the Governor and all other statewide elected state officials (including the Oklahoma Supreme Court Justices) for willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. If impeached, all officials are immediately suspended in discharging their duties. Should the impeachment fails, the officer in question returns to their duties. However, if the impeachment is successful and the defendant found guilty, the person is removed from office.
The Judicial Nominating Commission
The Judicial Nominating CommissionOklahoma Judicial Nominating Commission
The Oklahoma Judicial Nominating Commission is the judicial nominating commission of the U.S. state of Oklahoma. It selects potential justices and judges for gubernatorial appointments for judges for state appellate courts.-History:...
is body which selects potential justices and judges for gubernatorial appointments for judicial positions on Oklahoma's appellate courts. In the event of a vacancy, for whatever reason, within the Supreme Court, the Court of Criminal Appeals, or the Court of Civil Appeals, the Commission screens a list of applicants that desire that job. Next, the Commission selected three qualified nominees and presents the names to the Governor. The Governor may then appoint one of the nominees to position with further approval not necessary. If the Governor fails to appoint a nominee to the position within sixty days, the Chief Justice of Oklahoma may make the selection.
County government
The county is the primary administrative division of Oklahoma. They are bodies politic and corporate. There are seventy-seven counties in the state. Counties contain a number of towns and cities as well as all unincorporated land in the state. Every county has a county seatCounty seat
A county seat is an administrative center, or seat of government, for a county or civil parish. The term is primarily used in the United States....
, often a populous or centrally located city or village, where the county government is headquartered.
In traditional Midwest fashion, counties in Oklahoma possess a moderate scope of power. As extensions of the state government, counties are primarily administrative bodies which possess executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
and limited judicial powers, but not legislative powers. Their primary responsibilities are related to managing, planning and governing all unincorporated land within their borders. These include overall planning, police service, as well as some legal services. The counties keep records of deaths, births, marriages, divorces, property ownership, and court activities within the county. The counties must also maintain a court system, law enforcement, road and bridge construction, and voter registration.
As extensions of the state government, the counties are responsible for six major services:
- Maintaining the peace and protecting life and property
- Assessing and collecting taxes to operate the county
- Compile, record, and preserve public records essential to maintaining individual property rights
- Building and maintain public roads, highways, and bridges
- Providing facilities for courts and the administration of justice through the District Court system
- Caring for the needy and indigent, orphaned children, and the aged
Each county government is composed of eight elected officials and a District Attorney. All county officials serve four year terms beginning on the first Monday in January following their election.
The Board of County Commissioners
Each county is headed by a Board of County Commissioners consisting of three elected County Commissioners. The Board serves as the quasi-head of governmentHead of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
, with the Chair of Board as the quasi-head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
, of the county. Each county is divided into three districts drawn based on equal population. From each of the three districts, a County Commissioner is elected independently from the other two Commissioners. The three Commissioners serve collegiately, with each having equal voting powers and a yearly rotating chairmanship.
The Board supervises all county administration, manages all property owned by the county, prepares the county budget (unless the county has adopted the County Budget Board), and advertises bids for all major county purchases and contracts. The Commission is also empowered to audit and approve claims against the county, propose county bonds, and audit the accounts of all other county offices. The Commission's other duties include the maintenance of traffic control devices, the power to approve zoning applications, and the administration of all federal funds provided to the county.
All powers of a county are exercised by the Board. Only the Board may purchase equipment, machinery, supplies or materials of any kind for the county and all contracts and agreements relating to the leasing or rental of county equipment or otherwise relating to the business of the county are negotiated by the Commission. It is in the name of the County Commission that the county sues and is sued.
The Board meets in regular session on or before the first Monday of each month and may stay in session for as long as the Commission determines. However, the Board must adjourn by the last business day of each month. Should the Board adjourn before the last business day of a month, the County Clerk may call the Board into special session. All meetings of the Board are open to the public.
The County Sheriff
The County SheriffSheriffs in the United States
In the United States, a sheriff is a county official and is typically the top law enforcement officer of a county. Historically, the sheriff was also commander of the militia in that county. Distinctive to law enforcement in the United States, sheriffs are usually elected. The political election of...
is the chief law enforcement
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
officer in the county and peace officer
Peace officer
A law enforcement officer , in North America, is any public-sector employee or agent whose duties involve the enforcement of laws. The phrase can include police officers, prison officers, customs officers, immigration officers, bailiffs, probation officers, parole officers, auxiliary officers, and...
. The Sheriff must be at least 25 years old, have been a resident of Oklahoma for two years, a qualified elector in the county, and possess at least a high school diploma. In counties with over 80,000 citizens, the Sheriff must be a certified peace officer at election. However, in counties with under 80,000 citizens, the Sheriff is given up to 12 months after the election to become certified.
When it comes to the responsibilities of the Sheriff, Oklahoma's outlaw history has bestowed the Sheriff with what is seen as full services, that is, providing tradition law-enforcement functions, including countywide patrol and investigations irrespective of municipal boundaries. As the chief peace officer, the Sheriff is responsible for ensuring the peace is preserved, riots are suppressed, and that unlawful assemblies and insurrections are controlled. The Sheriff is vested with the power to form a posse
Posse comitatus (common law)
Posse comitatus or sheriff's posse is the common-law or statute law authority of a county sheriff or other law officer to conscript any able-bodied males to assist him in keeping the peace or to pursue and arrest a felon, similar to the concept of the "hue and cry"...
of able-bodied men to assist him in controlling riots and lawlessness. The Sheriff also serves as the executive of all court orders and other lawful authorities within the county. To ensure justice is administered, the Sheriff is empowered to apprehend any person charged with a felony or breach of the peace and may attend any court within the county.
In order to prevent the Sheriff from abusing their position, the Sheriff is required to account for all funds collect by the office and to make a monthly report to the County Commissioners.
The District Attorney
While not a county official since 1967, the District AttorneyDistrict attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
replaced the County Attorney
County attorney
A county attorney in many areas of the United States is the chief legal officer for a county or local judicial district. It is usually an elected position...
as the chief legal officer
Chief Legal Officer
A chief legal officer is the highest-ranking corporate officer concerning legal affairs of a corporation or agency. Chief legal officers typically hold the title of general counsel.- Skill requirements :...
of the county. There are 27 judicial districts with one District Attorney serving all counties located within their district. The main purpose of the office is the prosecution of all criminal actions that occur in counties in their district as well as prosecuting and defending all civil action in which any county in their district is concerned. To perform their duties, the District Attorneys are empowered to appoint assistant district attorneys, investigators, and clerks so that each county in their districts has at least one assistant district attorney. As members of the State executive branch, all officers and offices under the District Attorney are paid by the State and not the County.
Independent county office
Along side the three County Commissioners, the County Sheriff, and the District Attorney, are four other county offices:- The County Clerk serves as the county's official record keeper and serves as the Secretary for the County Commission. The County Clerk is the county's bookkeeper, auditing and paying all salaries and claims for the county. The Clerk is thus empowered to write checks to all local governments for their appropriate funds. All medical licenses, tax records, and tax deeds are filled with the County Clerk. The Clerk is also the county's official Registrar of Deeds.
- The District Court Clerk is responsible for recording, filing, and maintaining the records of all civil and criminal cases brought before the District Court. The Clerk also collects and accounts for all of the Court's fines and costs. The Court Clerk maintains the court schedule, keeps record of all jurors and witnesses, issues subpoenaSubpoenaA subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
s, certain licenses, and is answerable to the Oklahoma Supreme CourtOklahoma Supreme CourtThe Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
for the District Court's statistics. - The County Assessor is the core of the Oklahoma property tax system. The Assessor is required to establish the market and taxable value of all real and business property in the county. Each year, the Assessor prepares ex assessments and submits them to the County Treasurer. The Assessor doses not raise or lower the property tax, only sets the value of the property.
- The County Treasurer is charged with the collection of all taxes certified by the County Assessor. After collection, the taxes are distributed by the Treasurer according to the county budget. The Treasure also serves as the official custodian of all county funds. All warrants and vouchers for all county departments are managed by the Treasurer's office.
Municipal government
Municipal corporation
A municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. Municipal incorporation occurs when such municipalities become self-governing entities under the laws of the state or province in which...
s in that they can both sue and be sued, may own and sell property, create debt, and may levy and collect taxes. They are the most basic level of government in Oklahoma and are also the most accessible.
The term of office of all municipal official is four years with elections held on the first Tuesday of April of each odd-numbered year.
Including both cities and towns, Oklahoma has 589 municipalities.
Right to Incorporate
Any area in Oklahoma, regardless of population, may incorporate. The County Commission supervises all incorporations in their county. Persons wishing to incorporate must first provide an accurate survey of the area to be incorporated to the Commission. Next, within thirty days of applying for incorporation, a census must be taken to show the number of people living in the to be incorporated area. The petition to incorporate must include the signature of at least one-third of those people. The Commission must then hold a hearing to determine the accuracy of the petition, survey, and census. If the Commission is satisfied that all requirements have been meet, it must issue a writ of election for an election to occur within ten days. If a majority of the qualified voters of the area to be incorporated approve of the incorporation, the community is declared incorporated and assumes the appropriate municipal government.Municipal corporations with a population of fewer than one thousand are organized as towns while municipal corporations with a population of one thousand or more are organized as cities.
Towns
In Oklahoma, a townTown
A town is a human settlement larger than a village but smaller than a city. The size a settlement must be in order to be called a "town" varies considerably in different parts of the world, so that, for example, many American "small towns" seem to British people to be no more than villages, while...
is the most common division of a county. As prescribed by the Legislature, the government of all towns is that of a Board of Trustees, the simplest government type in Oklahoma. The Board is composed of three or five members, each representing a ward, and elected at large by the town. The Board exercises both executive and legislative functions. The Trustees elect from among themselves a President of the Board, who presides over the board and serves as Mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
of the town. The Mayor is the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
for the town and, depending on the duties of the given Mayor, may serve as the head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
of the town. The judicial branch is known as Municipal Court, which is a court of no-record in Oklahoma's judicial system.
The Board of Trustees of a town:
- Appoints and removes designated town officers and employees as provided by law or ordinance
- Maintains the public peace and order
- Enacts municipal legislation, including enacting punishment for its violation
- Raises revenue, makes appropriations, and manages all other fiscal affairs of the town
- Inspects the books and accounts maintained by the town treasurer
- Inquires into the conduct of any office, department or agency of the town, and investigates municipal affairs
- Creates, changes and abolishes offices, departments or agencies of the town
- Grants pardons for violation of municipal ordinances, including the remission of fines and costs
A major responsibility of a town is the construction and maintenance of streets, parks, and sewers for the town to use as well as maintaining the public peace. Within each town are three major officials, either elected by the town as a whole or appointed by the Board:
- The Town Clerk serves as the Secretary of the Board and keeps the journal of the proceedings of the Board. The Clerk enrolls all ordinances and resolutions passed by the Board and has custody of all town documents, records, and archives, as well as the town seal. It is the duty of the Clerk to attest and affix the seal of the town to all official town documents.
- The Town Treasurer maintains accounts and books of the town to show where and from what source all monies paid to him have been derived and to whom and when any monies have been paid. The Treasurer deposits the daily funds received for the town in depositories as the Board designates.
- The Town Marshal, officially known as the Town Chief of Police, enforces all municipal ordinances. The Marshal appoints town police officers subject to the approval and confirmation of the Board.
When a town's population reaches one thousand, the municipal incorporation remains classified as a town unless a majority of the qualified voters of the community approve of a change to city government.
Cities
In Oklahoma, a cityCity
A city is a relatively large and permanent settlement. Although there is no agreement on how a city is distinguished from a town within general English language meanings, many cities have a particular administrative, legal, or historical status based on local law.For example, in the U.S...
is a highly autonomous incorporated area usually contained within a county. Some cities span multiple counties.
Cities provide the same services as towns but operate under one of four possible government structures: aldermanic (weak mayor-council), council-manager, strong mayor-council, and home rule.
Aldermanic Form
The aldermanic formAlderman
An alderman is a member of a municipal assembly or council in many jurisdictions founded upon English law. The term may be titular, denoting a high-ranking member of a borough or county council, a council member chosen by the elected members themselves rather than by popular vote, or a council...
is the first form of city government provided by the Legislature. Also known as weak mayor government
Mayor-council government
The mayor–council government system, sometimes called the mayor–commission government system, is one of the two most common forms of local government for municipalities...
, the governing body of an aldermanic city consists of the Mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
, who is elected at large, and two councilmembers from each ward of the city, forming the City Council
City council
A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...
. The Mayor serves as the presiding officer of the Council as well as the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
of the city. The Mayor may vote on the Council but only when the Council is equally divided. The Mayor may sign or veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
any city ordinance or resolution passed by the Council. Any ordinance or resolution vetoed by the Mayor may be overturned by a two-thirds vote of the Council.
As the chief executive officer
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
of the city government, the Mayor:
- Appoints, subject to confirmation by the Council, a City AttorneyCity attorneyA city attorney can be an elected or appointed position in city and municipal government in the United States. The city attorney is the attorney representing the city or municipality....
and all heads of city departments - Signs the commissions and appointments of all city officers
- Removes or suspends city officers or employees for incompetency, neglect, or violation of duty
- Supervises and controls all city departments, agencies, officers, and employees
- Prepares annual budget and submits it to the Council for approval and then is responsible for its implementation
- Keeps the Council advised of the financial condition and future needs of the city
- Makes recommendations to the Council on measures for the well-being of the city
- Enforces the city ordinances and maintains the public peace and order
- Grants pardons for violation of city ordinances with the approval of the Council
The Council elects from among its members a President of the City Council. The Council President is elected each odd-numbered year and serves a two year term. The Council President act as the Mayor during the absence of the Mayor. In the absence of the Mayor and the Council President, the Council elects one its own members as acting Council President until the Mayor or Council President return.
The Council:
- Enacts municipal legislation, including enacting punishment for its violation
- Raises revenue, makes appropriations, and manages all other fiscal affairs of the city
- Inquires into the conduct of any city office, department or agency of the city, and investigate municipal affairs
- Creates, changes and abolishes offices, departments or agencies of the city
Council-Manager Form
The council-manager form is the second form of city government provided by the Legislature. The governing body of a council-manager city is a city councilCity council
A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...
composed of one councilmember from each ward of the city and one-at large councilmember. The council then elects from among its members a Mayor and a Vice-Mayor to serve concurrent two year terms. The Mayor presides over all meetings of the council. Though recognized as head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
of the city, the Mayor has no regular administrative duties except for signing all conveyances and other written obligations of the city as the council requires. In the absence of the Mayor, the Vice-Mayor acts as the Mayor. If a vacancy occurs in the office of Mayor, the Vice-Mayor becomes the Mayor for the remainder of the unexpired term. When a vacancy occurs in the office of Vice-Mayor, the council will elect another Vice-Mayor from among its members for the remainder of the unexpired term.
Aside from passing ordinances and raising city revenue, the council is responsible for appointing a city manager
City manager
A city manager is an official appointed as the administrative manager of a city, in a council-manager form of city government. Local officials serving in this position are sometimes referred to as the chief executive officer or chief administrative officer in some municipalities...
to serve as the head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
for the city. The city manager is appointed by a majority vote of the council to serve an indefinite term. However, the city manager may be suspended or removed at any time by a majority vote of the council. The city manager must be chosen solely on the basis of executive and administrative qualifications without regard to political affiliation. Neither the Mayor nor any members of the council may be appointed city manager during their term of office or within two years after they cease to hold such office.
The city manager is the chief executive officer
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
of the administrative branch of the city government. He is responsible to the council for executing the laws and administering the government of the city. Most city officials are appointed and removed by the city manager without prior council approval. The city manager also supervises and controls all administrative departments, prepares an annual budget for the council to approve, and is to keep the council advised of the financial condition and future needs of the city.
The city manager may appoint a qualified administrative officer of the city to serve as acting city manager during the temporary absence of the city manager. The council may appoint an acting city manager whenever the city manager fails to make such designation, when the city manager is suspended, or when there is a vacancy in the office of city manager.
For the most part, the city manager is mostly independent of the council in performing his administrative duties. Except for the purposes of inquiry, the council and its members can only deal with the administrative departments of the city solely through the city manager. As such, the council may not direct or request the city manager to appoint or remove city officers or employees or give orders on ordinary administrative matters to any subordinate of the city manager either publicly or privately.
Strong Mayor-Council Form
The strong mayor-councilMayor-council government
The mayor–council government system, sometimes called the mayor–commission government system, is one of the two most common forms of local government for municipalities...
form, often shortened to simply strong mayor, is the third form of city government provided by the Legislature. The governing body of a strong mayor city consists of the Mayor, who is elected at large, and one councilmember from each ward of the city. The Mayor serves as an ex officio councilmember at large. The council then elects from among its members a Vice-Mayor to serve a two year term. In the absence of the Mayor, the Vice-Mayor acts as the Mayor. When a vacancy occurs in the office of Vice-Mayor, the council shall elect from among its members another Vice-Mayor for the duration of the unexpired term. When vacancies occur in both the offices of Mayor and Vice-Mayor, the council will elect one of its members to act as Mayor.
When a vacancy occurs in the office of Mayor, the Vice-Mayor acts as Mayor until a Mayor can be elected by the council and qualified. To fill the vacancy, the council elects a registered voter of the city (who may or may not already be a council member at the time) to be Mayor until the next general municipal election and to serve until a successor is elected and qualified. Any vacancy shall then be filled at the next general municipal election by election of candidates for Mayor to complete the balance of any unexpired term. However, if the vacancy has not been filled within sixty days after it occurs, the council must call for a special election for the purpose of filling the vacancy for the duration of the unexpired term. In the event that less than one year remains of the unexpired Mayoral term, the council then elect a Mayor to serve out the remainder of the term.
The Mayor presides over all meetings of the council. As the councilmember at large, the Mayor has all the powers, rights, privileges, duties and responsibilities of any other councilmember, including the right to vote on all questions. However, if the council deems that the Mayor has a personal interest in any matter under consideration, the council may elect any councilmember to preside as temporary president of the council.
The Mayor serves as both head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
for the city as the city's chief executive officer
Chief executive officer
A chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
. He is responsible to the people of the city for executing the laws and for administering the government of the city. In the event of martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
, the Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
must recognize the Mayor as head of the city. The Mayor appoints and removes most city officials without prior council approval, supervises and controls (either directly or indirectly) all city departments, prepares the annual budget for council approval, keeps the council advised of the financial condition and future needs of the city, and may grant pardons for violations of city ordinances upon the recommendation of the municipal judge.
The Mayor may appoint himself (or the council may elect or appoint him) to other offices and positions in the city government, subject to such regulations as the council prescribes. However, he may not receive additional compensation for such service. The council may provide that the Mayor shall hold ex officio designated administrative offices subordinate to the Mayor as well as other designated compatible city offices.
The City Personnel Board
A unique feature of a strong-mayor city is the presence of a City Personnel Board to ensure that a merit system
Merit system
The merit system is the process of promoting and hiring government employees based on their ability to perform a job, rather than on their political connections. It is the opposite of the spoils system.- History :...
is employed by the city. The Personnel Board consists of three members elected by the council for staggered six-year terms. The Board elects from among its members a chair and vice-chair. The Personnel Board also elects a Secretary who need not be a member of the Personnel Board.
In strong-mayor form, all city employees (excluding the Mayor and the councilmembers) that are not elected, appointed, or confirmed by the council, members and secretaries of boards, commissions and other plural authorities, and personnel who serve without compensation are part of the classified service. Neither the Mayor nor any other authority may appoint or promote any person in the classified service of the city for any political reason but only for merit and fitness. Any qualified elector of the city may bring an alleged violation of the merit system before the Personnel Board for consideration and determination. Following a public hearing on the issues, if the Board finds to its satisfaction that the appointment or promotion was made in violation of the merit system, it then vetoes the appointment or promotion.
No officer or employee in the classified service may:
However, they are not prohibited from the ordinary exercise of their right as a citizen to express his opinions and to vote. An officer or employee who violates this section of the merit system may be removed from office or position either by the authority normally having power to remove him, or, after adequate opportunity for a public hearing, by the Personnel Board. An officer or employee who violates this section of the merit system is forbidden to hold any office or position in the city government for four years.
When ever a city officer or employee is laid off, suspended, demoted or removed from office by the Mayor (or subordinate of), that officer or employee may appeal the action to Personnel Board. The appeal must be in writing, and must be filed with the secretary or chair of the Personnel Board within ten days after the effective date of the layoff, suspension, demotion or removal. The Personnel Board must then hold a public hearing on the appeal. The Personnel Board must submit a report of its findings and recommendations to the Mayor. The Mayor then makes the final decision regarding the appellant's layoff, suspension, demotion or removal. However, if the Personnel Board finds to its satisfaction that the layoff, suspension, demotion, or removal was made for a political reason, it shall veto the layoff, suspension, demotion or removal.
Home Rule
Home Rule allows a City with a population of over 2,000 people to establish its own form of government under a City Charter.Common city officials
Regardless of form of government, within each city are many common officials, either elected or appointed:- The MayorMayorIn many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
serves as head of stateHead of StateA head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
for the city, may either be a ceremonial official or the chief executive officerChief executive officerA chief executive officer , managing director , Executive Director for non-profit organizations, or chief executive is the highest-ranking corporate officer or administrator in charge of total management of an organization...
of the city depending on the city - The City ManagerCity managerA city manager is an official appointed as the administrative manager of a city, in a council-manager form of city government. Local officials serving in this position are sometimes referred to as the chief executive officer or chief administrative officer in some municipalities...
serves as chief administrative officerChief administrative officerA chief administrative officer is responsible for administrative management of private, public or governmental corporations. The CAO is one of the highest ranking members of an organization, managing daily operations and usually reporting directly to the chief executive officer. In some companies,...
of the city in which Mayor is a ceremonial officer - The City Clerk serves as the Secretary of the Council and keeps the journal of the proceedings of the Council. The Clerk enroll all ordinances and resolutions passed by the Council and has custody of all city documents, records, and archives, as well as the town seal. It is the duty of the Clerk to attest and affix the seal of the town to all official city documents.
- The City TreasurerCity TreasurerThe City Treasurer is a position of responsibility for a city according to the prevailing laws in that city.The treasurer of a public agency is elected by the voting public or is appointed by the city council or city manager...
maintains accounts and books of the city to show where and from what source all monies paid to him have been derived and to whom and when any monies have been paid. The Treasurer deposits the daily funds received for the city in depositories as the Council designates. - The City Marshal, officially known as the City Chief of Police, enforces all municipal ordinances and supervises all city police officers.
- The City Attorney heads the Legal Department and handles all legal matters of the city.
- The City Street Commissioner heads the Street Department which is responsible for general supervision over maintenance and repair of public streets in the city.
See also
- Oklahoma ConstitutionOklahoma ConstitutionThe Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...
- Republican form of governmentRepublicanism in the United StatesRepublicanism is the political value system that has been a major part of American civic thought since the American Revolution. It stresses liberty and inalienable rights as central values, makes the people as a whole sovereign, supports activist government to promote the common good, rejects...
- Governor of OklahomaGovernor of OklahomaThe governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
- Oklahoma LegislatureOklahoma LegislatureThe Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
- Oklahoma House of RepresentativesOklahoma House of RepresentativesThe Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, the legislative body of the U.S. state of Oklahoma. Its members are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the...
- Oklahoma SenateOklahoma SenateThe Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
- Oklahoma Supreme CourtOklahoma Supreme CourtThe Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
- Politics of OklahomaPolitics of OklahomaPolitics of Oklahoma takes place in a framework of a presidential republic modeled after the United States, whereby the Governor of Oklahoma is both head of state and head of government, and of a pluriform two-party system. Executive power is exercised by the Governor and the government...
- Oklahoma Democratic PartyOklahoma Democratic PartyThe Oklahoma Democratic Party is an Oklahoma political party affiliated with the United States Democratic Party. Along with the Oklahoma Republican Party, it one of the two major parties in Oklahoma politics....
- Oklahoma Republican PartyOklahoma Republican PartyThe Oklahoma Republican Party is a political party affiliated with the United States Republican Party . Along with the Oklahoma Democratic Party, it is one of the two major parties in Oklahoma politics.-Voter base:...
- Oklahoma Libertarian PartyOklahoma Libertarian PartyThe Oklahoma Libertarian Party is the branch of the Libertarian Party in Oklahoma. It has been active in state politics since the 1970s, but due to what critics characterize as Oklahoma's restrictive ballot access requirements the party has been an "official" party during only portions of the last...
- Green Party of OklahomaGreen Party of Oklahoma- Key values :The Green Party of Oklahoma is a third party founded on the Four Pillars of the Green Party: ecological wisdom, social justice, grass-roots democracy and non-violence.- History :...
- Political party strength in OklahomaPolitical party strength in OklahomaThe following table indicates the party of elected officials in the U.S. state of Oklahoma:*Governor*Lieutenant Governor*Attorney General*State Auditor and Inspector*State Treasurer*Superintendent of Public Instruction*Commissioner of Labor...