Claremore Daily Progress

Foyil

May 16, 2013

UPDATE: Recent county tax vote could be invalid

Legal notice of election not published as required by law

(Continued)

CLAREMORE —

It is yet to be determined the legality of the May 14 One-Cent tax election.

If the election is not valid the commissioners will be able to bring the issue back for a vote, however the election will cost the same as any other special election called by the county.

The Oklahoma State Statutes Title 19 OS 383 defines the publication requirements for questions submitted to voters.

“The mode of submitting questions to the people contemplated by the last two sections shall be the following: The whole question, including the sum desired to be raised, the amount of tax desired to be authorized, the rate per annum, and the whole regulation, including the time of its taking effect or having operation, if it be of a nature which can be set forth, and the penalty of its violation if there be one, is to be published at least four (4) weeks in some newspaper published in the county.” 

Judge John Maley ruled in Erickson vs. the city of Tahlequah on a similar issue in 2001. 

Maley found “the City of Tahlequah approved a resolution calling for a special election for the purpose of increasing the city sales tax by 1 cent. Tahlequah did not follow the law’s requirement that notice of a special election be given by publishing the resolution at least ten days before the date of a special election in a newspaper of general circulation in the municipality. Consequently, the election is void.”

Text Only
Foyil
  • Meth arrests Meth busts net 12 arrests

    Rogers County deputies arrested 12 individuals over the weekend who were allegedly involved in the manufacturing and distribution of methamphetamine near Foyil.

    April 23, 2014 1 Photo

  • Winter March 2014 Winter’s last gasp?

    A powerful winter storm brought sleet and snow to Rogers County Sunday, leaving roads in hazardous condition and all schools were closed on Monday.

    March 4, 2014 1 Photo

  • Burn ban issued in Rogers County

    A burn ban was issued Monday for Rogers County by county commisioners due to high winds and drought conditions.

    January 27, 2014

  • 20131111_7625web.jpg Honoring Those Who Served

    Rogers County residents saluted area veterans Monday during the annual Claremore Veterans Day Parade.

    November 12, 2013 8 Photos

  • Toys4Totsweb.jpg Toys for Tots kicks off campaign

    The holidays are a a time for celebration, but many Rogers County and Claremore children are less fortunate. The joy of a gift can bring happiness into a difficult situation for these children.

    November 12, 2013 1 Photo

  • A-F grades released by state

    The Oklahoma Board of Education unanimously voted to certify the A-F report cards for schools statewide at a special meeting Wednesday afternoon in Oklahoma City.

    November 6, 2013

  • Commissioners postpone budget talks

    The Rogers County Commissioners tabled budget discussions for another one week due to discrepancies in accounting in the Rogers County Clerk and Treasurer’s offices.

    October 8, 2013

  • Conflict questions raised in PR firm’s tie to DA

    Conflict of interest questions have been raised as a result of Claremore Police Chief Stan Brown’s request to review District Attorney Janice Steidley’s financial ties to the owners of a public relations business who also publish a weekly newspaper critical of Brown.

    October 6, 2013

  • DA files motion to stop grand jury petition certification

    A motion to stay the certification of the petition in the pending Rogers County Grand Jury was filed Friday by attorney Joel Wohlgemuth on behalf of District Attorney Janice Steidley and her two assistants.

    October 4, 2013

  • DA asks court to unseal grand jury petition names

    District Attorney Janice Steidley filed a motion Thursday requesting Grady County Judge Richard Van Dyck vacate his order sealing signatures on a citizens petition calling for a grand jury investigation of her office.

    October 3, 2013