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The original item was published from 11/4/2014 2:01:00 PM to 12/1/2014 9:29:58 AM.

Sallisaw News

Sallisaw News

Posted on: October 22, 2014

[ARCHIVED] Oklahoma Supreme Court Sides with City of Sallisaw on City Charter

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The Oklahoma Supreme Court has issued a decision that vacates the district court ruling on the city charter.

"The question before this Court is whether a city charter which directs the city board of commissioners to set the powers and duties of an elected police chief allows the board to limit those powers and duties by removing the police chief's supervisory and management authority over the police department by ordinance. We answer this question in the affirmative"

"A home-rule city has a sovereign right to govern itself in purely municipal matters. Here, the Sallisaw Board of Commissioners had the ability to set out the duties and authority of a police chief's day-to-day responsibilities. The Legislature has given leeway to home-rule cities to craft these day-to-day duties and responsibilities. We will not question how a city charter allocates the authority to set the police chief's duties and responsibilities if not contrary to statute, precedent, or Constitution. An ordinance may establish those duties and responsibilities as long as the ordinance comes from a grant of authority in the city charter. The Sallisaw city charter grants that authority to the board of commissioners. The district court's order and permanent injunction is vacated"

Read entire OK Supreme Court decision
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