Claremore Daily Progress

Top Stories

April 12, 2013

E911 Trust Authority formation in question

CLAREMORE — The Rogers County E911 Trust Authority met Wednesday to accept the trust indenture. However, the agreement has been delayed again.

Oklahoma statutes prohibit elected officials from serving on a trust without a beneficiary interest in the trust, according to Attorney James C. Orbison.
During final review of the contract, Orbison discovered the potential conflict and on Monday, notified the Board of County Commissioners and Assistant District Attorney David Iski.
“I have been hired by the county to draft this document for a new trust authority,” Orbison said.
The trust members had numerous questions about the issue.
The board should contact separate legal counsel for advice, according to Orbison. 
“Based on my past experience, it dawned on me that there is a duel office holding clause in the statute, if you violate this dual office prohibition, the courts have said you automatically vacate your position,” Orbison said.
There are 29 exceptions to the statute and pages of attorney general opinions on the issue, he added.
Exception 23 to Oklahoma statute title 51 would allow the fire chiefs to serve, according to Orbison.
“It is not 100 percent clear, but I have not found any exception that would eliminate a fire chief from serving on a public trust,” Orbison said. 
“I would say to you that I think the fire chiefs are ok.  It highlights a point I am not the person that should be telling you because I am not your attorney.”
“How is it possible that elected officials can serve on the Rogers County Jail Trust Authority?” one mayor asked.
Orbison said that the Rogers County municipalities are beneficiaries of the jail trust.
The municipalities would need to become beneficiaries of the E911 Trust Authority to allow the elected officials to serve on the trust.
“This is just another hurdle we are going to have to get this put together,” said Rogers County Commissioner Dan DeLozier.
E911 Administrator Janet Hamilton suggests that a board of operations might be a good alternative to a trust.
“I am fine with doing this with beneficiaries,” DeLozier said.
Each member of the trust will be seeking legal council to determine the best course of action moving forward.
The board will not meet until after the issue is resolved, according to Hamilton.

1
Text Only
Top Stories
  • Grand jury reviewing misconduct accusations reconvenes in OKC

    The multicounty grand jury charged with investigating accusations of misconduct by Rogers County officials reconvenes today in Oklahoma City.

    April 15, 2014

  • anderson statement No Public Meeting
    The Rogers County Commissioners announced Monday they will not host a public meeting to address the findings of the recently released Oklahoma State Auditor’s report.
     

    April 15, 2014 1 Photo

  • Lawyers protest move to take over judicial appointments
    A top Oklahoma lawyer is protesting a move by the Legislature to wrest control of the way judges are chosen, which she says could taint the state’s judicial system.
     

    April 15, 2014

  • john cox announce Cox announces candidacy for State Superintendent

    Dr. John Cox, D-Peggs, is formally announcing his candidacy for the State Superintendent of Public Instruction. 

    April 15, 2014 1 Photo

  • Tax Day deadline Chances of getting audited by IRS lowest in years

    As millions of Americans race to meet Tuesday’s tax deadline, their chances of getting audited are lower than they have been in years.

    April 14, 2014 1 Photo

  • Freeze warning Freeze warnings issued for all of Oklahoma

    Subfreezing temperatures and up to 2 inches of snow are in the forecast for parts of Oklahoma early this week.

    April 14, 2014 1 Photo

  • Rogers County audit cover Oversight committee organized

    Rogers County Commission Chairman Dan DeLozier, Dist. 1, held a meeting Friday with county officials  to discuss ways of addressing deficiencies found in the recent 2011 and 2012 county audit reports.

    April 13, 2014 1 Photo

  • Primary Election Primary election races set

    The final lists of candidates who filed for the upcoming county and statewide races were announced Friday.

    April 13, 2014 1 Photo

  • Anthony Tucker RSU grad Tucker announces bid for House Dist. 10 seat

    Rogers State University graduate Anthony Tucker announced he will run for Oklahoma House District 10 in the upcoming June 24 state election. The district encompasses Washington, Nowata and Osage counties.

    April 13, 2014 1 Photo

  • WR 5K Will Rogers Memorial 5K Run

    Runners of all ages proceeded through the first turn of the sixth annual Will Rogers Memorial 5K Race Saturday morning at Rogers State University. More than 650 participants registered for the 3.1 mile run, hosted by the Will Rogers Memorial Museums. 

    April 12, 2014 1 Photo

Poll

Severe storm season is beginning. Do you have a storm readiness plan at home?

Yes
No
     View Results
Featured Ads
AP Video