government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
of the
U.S. State
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
of
Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
republic
A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
an
democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
modeled after the
federal government of the United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fede ...
. The state government has three branches: the
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
,
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
, and
judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
. Through a system of
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
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.Article IV, Section 1, Oklahoma Constitution a Oklahoma Public Legal Research System (accessed August 20, 2013)
The state government is based in
Oklahoma City
Oklahoma City (), officially the City of Oklahoma City, and often shortened to OKC, is the capital and largest city of the U.S. state of Oklahoma. The county seat of Oklahoma County, it ranks 20th among United States cities in population, a ...
and the head of the executive branch is the
Governor of Oklahoma
The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma Executive (government), executive branch, of the government of Oklahoma. The gove ...
. The legislative branch is called the Legislature and consists of the
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.Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the legislature of the U.S. state of Oklahoma. Its members introduce and vote on bills and resolutions, provide legislative oversight for state agencies, and help to craft the state's b ...
. The
Oklahoma Supreme Court
The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma.
and the
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.
The state government of Oklahoma is divided into an
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
, a
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
and a
judicial branch
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. The
governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
, the state's chief executive, has a degree of direct executive power but must share executive power with other statewide elected officers. The
lieutenant governor
A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...
serves as the first-in-line successor to the governorship should a vacancy occur.Article VI, Section 4, Oklahoma Constitution a Oklahoma Public Legal Research System (accessed August 20, 2013)
The state
legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
comprises the
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the legislature of the U.S. state of Oklahoma. Its members introduce and vote on bills and resolutions, provide legislative oversight for state agencies, and help to craft the state's b ...
and the
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.impeachment
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
.Okla Const. art. V, § 1-4Okla Const. art VIII § 3 The
President pro tempore of the Senate
A president pro tempore or speaker pro tempore is a constitutionally recognized officer of a legislative body who presides over the chamber in the absence of the normal presiding officer. The phrase ''pro tempore'' is Latin "for the time being".
...
presides over the state senate and the
Speaker of the House
The speaker of a deliberative assembly, especially a legislative body, is its presiding officer, or the chair. The title was first used in 1377 in England.
Usage
The title was first recorded in 1377 to describe the role of Thomas de Hungerf ...
presides over the Oklahoma House of Representatives. Both officers are in line to succeed to the governorship in the event of a vacancy, behind the lieutenant governor.Okla Const. art. VI, § 15
The independent judiciary is based on the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
system which evolved from use in the
British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
. 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 statewide elected officials, including the justices of the Supreme Court.
Constitution
A popular
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
approved the constitution of the
Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
on September 17, 1907, which came into effect upon Oklahoma's ratification of the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
on November 16, 1907. The ratification of both documents marked Oklahoma as the 46th
US State
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
.
The constitution contains a
bill of rights
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
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; ndto 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
The legislative branch is the branch of the Oklahoma state government that creates the laws of Oklahoma. The
Oklahoma Legislature
The Legislature of the State of Oklahoma is the state legislative branch of the U.S. state of Oklahoma. The Oklahoma House of Representatives and Oklahoma Senate are the two houses that make up the bicameral state legislature. There are 101 sta ...
, which makes up the
legislative branch
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as ...
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
and the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
. The state legislature has the power to levy and collect taxes, borrow money, and raise and maintain the militia of the state. The constitution grants the state legislature the authority to legislate on "rightful subjects" of legislation.
The Oklahoma Legislature meets for four months in regular session each year from February to May. However, under special circumstances, the governor or two-thirds of the state legislature's membership can call special sessions. The governor has a strong influence in shaping the agenda of the legislature. Legislation must be approved by a majority in both houses and signed by the governor to be enacted into law. However, should the governor
veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
the bill, the legislature, by a two-thirds vote in both houses, may overturn 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
The line-item veto, also called the partial veto, is a special form of veto power that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill. Many countries have different ...
arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
, except for
treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
,
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
, and
breach of the peace
Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
Public ord ...
. This
immunity
Immunity may refer to:
Medicine
* Immunity (medical), resistance of an organism to infection or disease
* ''Immunity'' (journal), a scientific journal published by Cell Press
Biology
* Immune system
Engineering
* Radiofrequence immunity desc ...
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 of service in the Oklahoma Legislature, regardless of house.
The
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.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 designates the Lieutenant Governor of Oklahoma as the highest-r ...
, who is third in line to succeed the governor in the event of his removal from office.
The state senate is required to give their advice and consent to many executive branch appointments made by the governor.
The
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the legislature of the U.S. state of Oklahoma. Its members introduce and vote on bills and resolutions, provide legislative oversight for state agencies, and help to craft the state's b ...
is the lower house of the state 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 chamber is the
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, but remains a ...
, who is fourth in line to succeed the governor after the lieutenant governor and president pro tempore of the Oklahoma Senate.
Bills for raising revenue may only originate in the House of Representatives through the state senate may alter and amend them as the body sees fit.
Executive branch
The
executive branch
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state.
In poli ...
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
The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma Executive (government), executive branch, of the government of Oklahoma. The gove ...
, who is assisted by eleven other statewide officials.
Governor of Oklahoma
The governor is both
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
and
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
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 foreign nations. The governor must sign bills passed by the state legislature in order for those bills to become law. Should the governor
veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
a bill, the state legislature may override the 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 the state, county, and local agencies and resources. During emergencies, the governor is also allowed a limited-form of
rule by decree
Rule by decree is a style of governance allowing quick, unchallenged promulgation of law by a single person or group. It allows the ruler to make or change laws without legislative approval. While intended to allow rapid responses to a crisis, rule ...
. State, county, and local officers and personnel become subject to the governor during the emergency and must obey the governor's directions. With the exception of the members of the state legislature, any official who fails to obey any order 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 order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of th ...
s (when empowered to do so by a specific provision of the Oklahoma Constitution or an act of the legislature) which are binding throughout the state. Such executive orders do not have the force of law and may only be issued when related directly to the governor's duties.
In order to be elected governor, any gubernatorial candidate is required to obtain a statewide plurality of votes cast in their election. Given the dominance of the
two-party system
A two-party system is a political party system in which two major political parties consistently dominate the political landscape. At any point in time, one of the two parties typically holds a majority in the legislature and is usually referre ...
, 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 state 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. The governor makes appointments when a vacancy exists in the executive branch. The governor appoints the heads of state departments and agencies as well as the members of most state commissioners and boards. However, these appointments do require Senate approval. Some appointments serve at the pleasure of the governor while others serve fixed terms.
Kevin Stitt
John Kevin Stitt (born December 28, 1972) is an American businessman and politician serving as the 28th governor of Oklahoma. A member of the Republican Party, he began his first term as governor in January 2019 and was reelected to a second t ...
became governor on January 14, 2019, succeeding
Mary Fallin
Mary Fallin (; née Copeland; born December 9, 1954) is an American politician who served as the 27th governor of Oklahoma from 2011 to 2019. A member of the Republican Party, she was elected in 2010 and reelected in 2014. She was the first and s ...
.
Other elected officials
The Lieutenant Governor of Oklahoma is the second-highest official in the Oklahoma government and the first in line to succeed the governor in the event of a vacancy. Though both the governor and lieutenant governor are elected in the same year, the two are not
running mate
A running mate is a person running together with another person on a joint Ticket (election), ticket during an election. The term is most often used in reference to the person in the subordinate position (such as the vice presidential candidate ...
s. In the absence of the governor, the lieutenant governor assumes the powers and duties of the office of governor. However, as long as the governor remains in the state and is capable of discharging his or her duties, the lieutenant governor's main role is that of the president of the
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.
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 they are of two different political parties, the lieutenant governor's influence is minimal.
Oklahoma also has nine other independent executive offices that do not owe loyalty to the governor as they are elected statewide and exercise authority outside the control of the governor. The general rule is that, while independent of the governor, the other statewide 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
A quasi-judicial body is non-judicial body which can interpret law. It is an entity such as an Arbitration, arbitration panel or tribunal, tribunal board, that can be a public administrative agency but also a contract- or private law en ...
power. The governor and state legislature often consult them on matters before enacting new laws.
The independent executive offices are as follows:
* The
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 and head of the Office of the Oklahoma Attorney Genera ...
serves as the state's
chief legal officer
A general counsel, also known as chief counsel or chief legal officer (CLO), is the chief in-house lawyer for a company or a governmental department.
In a company, the person holding the position typically reports directly to the CEO, and their ...
and adviser. Either the attorney general himself or one of his officers represents the state in 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
Oklahoma State Treasurer
The 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 operat ...
is the administrator and manager of the state's depository of 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 treasurer maintains an accurate account of the money received and distributed by the Oklahoma State Treasury. The Treasurer also delivers state warrants, checks, and bonds to the
Oklahoma Office of State Finance
The Oklahoma Office of Management and Enterprise Services (OMES) is a government agency which manages and supports the basic functioning of the government of Oklahoma. Under the leadership of the Oklahoma Secretary of Agency Accountability, OMES p ...
.
*The
Oklahoma Superintendent of Public Instruction
The Oklahoma State Superintendent of Public Instruction, sometimes called the Oklahoma State School Superintendent, is the chief executive officer for the Oklahoma State Department of Education and the president of the Oklahoma State Board of E ...
, 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 Education. The superintendent publishes school laws, opinions of the laws, and submits annual reports to the governor on the condition of public schools. The superintendent is also an
ex officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
member of the State Emergency Fund Board and chairman of the State Career Tech Board.
* The
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 Insurance Department. The Oklahoma Insurance Department is charged with executing all laws ...
administers state laws dealing with insurance companies operating in Oklahoma. The commissioner audits insurance companies to make certain that they pay claims to their policyholders. Whenever an insurance company faces financial issues, courts usually appoints the commissioner to serve as a trustee.
*The
Oklahoma Corporation Commission
The Oklahoma Corporation Commission is the public utilities commission of the U.S state of Oklahoma run by three statewide elected commissioners. Authorized to employ more than 400 employees, it regulates oil and gas drilling, utilities and teleph ...
consists of three commissioners, each of at least 30 years, serving staggered six-year terms. The three commissioners regulate public utility rates and supervise public utilities doing business within the State. The commission also regulates 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 has extensive power to punish violators of its orders. In order to serve on the commission, a candidate cannot own personal interests within the companies the commission regulates.
*The
Oklahoma State Auditor and Inspector
The Oklahoma State Auditor and Inspector is an elected Constitutional officer for the U.S. State of Oklahoma. The State Auditor and Inspector is responsible for auditing and prescribing bookkeeping standards of all government agencies and count ...
prescribes a uniform system of bookkeeping for the county treasurers and the State Treasurer. Twice annually, without notice, the state auditor audits the books and accounts of the state treasurer and the county treasuries. If wrongdoing is suspected in the state, county, or local governments, the state auditor is empowered to investigate, audit the books of the suspect in question, and make recommendations to solve the problem.
*The
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. The Labor Commissioner is responsible for supervising the administration ...
is responsible for supervising the administration of state laws relating to labor and workplace safety and gathers and publishes information about the workforce of Oklahoma.
State Cabinet
With the exception of the independent constitutional executive offices, the executive branch is organized into agencies that are grouped together under cabinet positions to reduce the number of people who report directly to the governor. For example, the
Oklahoma Department of Transportation
The Oklahoma Department of Transportation (ODOT) is an government agency, agency of the government of Oklahoma responsible for the construction and maintenance of the state's transportation infrastructure. Under the leadership of the Oklahoma Sec ...
and the
Oklahoma Turnpike Authority
The Oklahoma Turnpike Authority (formerly Oklahoma Transportation Authority) is an agency of Oklahoma that deals with issues regarding the Oklahoma turnpike system. Along with the Oklahoma Department of Transportation, the Authority is the primar ...
are organized under the state transportation secretary.
The cabinet officers hold the title of "secretary". Agency heads are called "directors" or "commissioners". A cabinet secretary may serve concurrently as an agency director. The governor appoints, with the approval of the
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.executive order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of th ...
.
The secretaries together make up the
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 ...
, which was created in 1986 under the
Executive Branch Reform Act of 1986
The Executive Branch Reform Act of 1986 (74 O.S. Sections 10.1–10.4) is an Oklahoma state law that requires the Governor of Oklahoma to organize the various 500 or more departments, agencies, boards, commissions and other entities of the state's ...
to "improve the effectiveness, efficiency, and accountability of state government."
Within 45 days of assuming office, the governor must organize his or her cabinet. State law requires only the creation of a secretary for the state department of veteran affairs and for the information technology department. Within those first 45 days, the governor may create other secretary positions. The governor must create at least 10 positions, but no more than 16.
The
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 the only appointed constitutional member of the executive branch of the Oklahom ...
and the
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. The highest officer of the Oklahoma National Guard, the Adjutant General is the principal advisor to t ...
are the only ''
ex officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
'' members of the Oklahoma 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
The Oklahoma National Guard, a division of the Oklahoma Military Department, is the component of the United States National Guard in the U.S. state of Oklahoma. It comprises both Army (OKARNG) and Air (OKANG) National Guard components. The Governo ...
, 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.
Judicial branch
The judicial system of Oklahoma is the branch of the Oklahoma state government that interprets the state's laws and constitution. Headed by the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
, 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 handling criminal matters) exists only in Oklahoma and neighboring
Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
.
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.
High court
The
Oklahoma Supreme Court
The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma.
consists of 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 put on the ballot during the next general election for the electorate to
retain
RETAIN is a mainframe based Database management system, database system, accessed via IBM 3270 terminals (or more likely, emulators), used internally within IBM providing service support to IBM field personnel and customers.
The acronym RETAIN sta ...
that justice or not. Justices serve six years terms and then are put up for another
retention election
A judicial retention election (or retention referendum) is a periodic process in some jurisdictions whereby a judge is subject to a referendum held at the same time as a general election. The judge is removed from office if a majority of votes are ...
.Oklahoma State Court Network, Justices of the Oklahoma Supreme Court (accessed April 21, 2010). Justices serve until they resign, fail to be retained in office, are removed from office by the Court on the Judiciary, or are impeached by the legislative branch. The Supreme Court's decisions are binding on lower state courts.Article VII, Section 5, Oklahoma Constitution a Oklahoma Legal Research System (accessed August 20, 2013)
The court has
original jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
India
In India, the Sup ...
and general superintendent control over inferior courts in the judiciary and agencies, commissions, and boards exercising power under the constitution.Stephens, Jerry E., Judiciary ," Encyclopedia of Oklahoma History and Culture '' (accessed June 23, 2010). The court has
appellate jurisdiction
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
co-extensive with that of the state's borders on 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 state supreme court is granted the power to determine which court has jurisdiction, with no appeal from the court's determination.
The Supreme Court is headquartered in the
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 executive branch offices. It is located along Lincoln Boulevard in Oklahoma City and contains 452,5 ...
in
Oklahoma City, Oklahoma
Oklahoma City (), officially the City of Oklahoma City, and often shortened to OKC, is the capital and largest city of the U.S. state of Oklahoma. The county seat of Oklahoma County, it ranks 20th among United States cities in population, and ...
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
The Oklahoma Bar Association (OBA) is the integrated (mandatory) bar association of the U.S. state of Oklahoma.
History
The Oklahoma Territory Bar Association and the Indian Territory Bar Association merged in 1904 to form the Oklahoma Bar A ...
. Lawyer admissions and disbarment are done through recommendations of the association, which are then routinely ratified by the state 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 affirm, 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
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
''.
The justices select from among their members a chief justice and vice chief justice to serve a two-year term. The Chief Justice of Oklahoma is responsible for the administration of the courts in the Oklahoma Judiciary and establishes rules for the courts to follow. The chief justice also oversees practicing attorneys in the state.Oklahoma State Court Network The Supreme Court and the Judicial System (accessed April 21, 2010).
Appellate and district courts
The
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.
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 lower state courts.
Unlike most states, Oklahoma has two courts of last resort. The Supreme Court determines issues of a civil nature, and the Oklahoma Court of Criminal Appeals decides criminal matters. Unlike the Supreme Court, the Court of Criminal Appeal has mandatory review jurisdiction whenever a sentence from a lower court involved the
death sentence
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
.
Court of Appeal justices is selected, confirmed, and ratified in the same manner as the justices of the Oklahoma Supreme Court.
The state created the
Oklahoma 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 Court had neither the time nor resources to hear every case brought before it. When a case is brought before the state supreme court, the justices can choose to send the case to one of the four divisions 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 court's ruling, it may review the decision and change it as the court deems necessary.
Each of Oklahoma's 77 counties has its own district court. The district courts have general jurisdiction over civil and criminal matters, with the exception of certain limited areas like
workers' compensation
Workers' compensation or workers' comp 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 emp ...
where original jurisdiction is reserved by statute to other courts. Each district court is presided over by either 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 over the associate district judges. Above the 27 districts are nine judicial administrative districts, involving several districts, to assure an organized system. From among the district judges of the judicial administrative districts, one is selected to serve as the presiding judge, who is responsible for the administrative matters of their district. The presiding judge answers 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.
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 of ten judges that hears worker's compensation claims. The judges are selected by the governor to serve a six-year term. Claims submitted are heard by a single judge in either
Tulsa
Tulsa () is the second-largest city in the U.S. state, state of Oklahoma and List of United States cities by population, 47th-most populous city in the United States. The population was 413,066 as of the 2020 United States census, 2020 census. ...
or
Oklahoma City
Oklahoma City (), officially the City of Oklahoma City, and often shortened to OKC, is the capital and largest city of the U.S. state of Oklahoma. The county seat of Oklahoma County, it ranks 20th among United States cities in population, a ...
. 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. 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 part of Oklahoma's court system, there are two courts that operate without the oversight of the Oklahoma Supreme Court.
The
Oklahoma Court on the Judiciary {{OKGovernment
The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction in adjudicating discipline and hearing cases involving the removal of a judge from office, excluding the ...
, one of the two independent courts, is responsible for removing judges from their position if they have committed illegal acts. One of two such courts in the United States, the court ensures that other courts best administer justice.
The Oklahoma Court on the Judiciary consists of a nine-member trial division and a five-member appellate division. The court's jurisdiction may be called into force by the governor, attorney general, Oklahoma Supreme Court, the
Oklahoma Bar Association
The Oklahoma Bar Association (OBA) is the integrated (mandatory) bar association of the U.S. state of Oklahoma.
History
The Oklahoma Territory Bar Association and the Indian Territory Bar Association merged in 1904 to form the Oklahoma Bar A ...
, or by the
Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the legislature of the U.S. state of Oklahoma. Its members introduce and vote on bills and resolutions, provide legislative oversight for state agencies, and help to craft the state's b ...
. Also, private citizens can file a formal complaint against a judge to be heard by the
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
The Supreme Court of Oklahoma is a c ...
. If the complaint is approved, the case is heard by the trial division of the court.
Cases brought before the court are heard by the trial division. Any appeals from the trial division are heard by the appellate division. There are no appeals from the appellate division's decisions, and not even the Oklahoma Supreme Court may change its rulings.
The
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.Oklahoma House of Representatives
The Oklahoma House of Representatives is the lower house of the legislature of the U.S. state of Oklahoma. Its members introduce and vote on bills and resolutions, provide legislative oversight for state agencies, and help to craft the state's b ...
, and they are heard by the state 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 state senate shall select one of its own members to preside.
Impeachment charges may only be brought against the governor and other statewide officials (including justices) for willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. If impeached, 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 Oklahoma Judicial Nominating Commission is a body that 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 Oklahoma Supreme Court or appellate courts, the commission screens a list of applicants that desire that job. The commission selects three qualified nominees and presents the names to the governor, who may appoint one of the nominees. 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
A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
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 unincorporated land in the state. Every county has a
county seat
A county seat is an administrative center, seat of government, or capital city of a county or civil parish. The term is in use in Canada, China, Hungary, Romania, Taiwan, and the United States. The equivalent term shire town is used in the US st ...
, often a populous or centrally located city or town, 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 that possess
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
and limited
judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
powers, but not
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
powers. Their primary responsibilities are related to managing, planning, and governing unincorporated land within their borders. 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. County officials serve four-year terms beginning on the first Monday in January following their election.
Each county is headed by a Board of County Commissioners consisting of three elected county commissioners. The board serves as the quasi-
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
, with the chair of the board as the quasi-
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
, 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 county administration, manages property owned by the county, prepares the county budget (unless the county has adopted the County Budget Board), and advertises bids for 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 board's other duties include the maintenance of traffic control devices, the power to approve zoning applications, and the administration of federal funds provided to the county.
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 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 a special session. Meetings of the board are open to the public.
The
County Sheriff
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
is the chief
law enforcement
Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules and norms governing that society. The term en ...
officer in the county and
peace officer
A law enforcement officer (LEO), or peace officer in North American English, is a public-sector employee whose duties primarily involve the enforcement of laws. The phrase can include campaign disclosure specialists, local police officers, pro ...
. 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 the 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 traditional 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 executor of 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 funds collected by the office and to make a monthly report to the county commissioners.
While not a county official since 1967, the
District Attorney
In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
replaced the
County Attorney
In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a loc ...
as the
chief legal officer
A general counsel, also known as chief counsel or chief legal officer (CLO), is the chief in-house lawyer for a company or a governmental department.
In a company, the person holding the position typically reports directly to the CEO, and their ...
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, officers and offices under the district attorney are paid by the state and not the county.
Alongside the three county commissioners, the county sheriff, and the District Attorney, are four other county offices:
* The
County Clerk
A clerk is a white-collar worker who conducts general office tasks, or a worker who performs similar sales-related tasks in a retail environment. The responsibilities of clerical workers commonly include record keeping, filing, staffing service ...
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 the salaries and claims for the county. The clerk is thus empowered to write checks to all local governments for their appropriate funds. Medical licenses, tax records, and tax deeds are filed 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 the civil and criminal cases brought before the District Court. The clerk also collects and accounts for the court's fines and costs. The court clerk maintains the court schedule, keeps a record of jurors and witnesses, issues
subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
s, certain licenses, and is answerable to the
Oklahoma Supreme Court
The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma, and leads the judiciary of Oklahoma, 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 real and business property in the county. Each year, the assessor prepares ex assessments and submits them to the county treasurer. The assessor does not raise or lower the property tax, only sets the value of the property.
* The County Treasurer is charged with the collection of 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 county funds. Warrants and vouchers for county departments are managed by the treasurer's office.
Municipal government
Within Oklahoma there are two types of
municipal government
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the go ...
s cities and towns. To be a city, a community must have a population of at least 1,000. Both are
municipal corporation
A municipal corporation is the legal term for a local governing body, including (but not necessarily limited to) cities, counties, towns, townships, charter townships, villages, and boroughs. The term can also be used to describe municipally owne ...
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 municipal officials is four years with elections held on the first Tuesday of April of each odd-numbered year.
Any area in Oklahoma, regardless of population, may incorporate. The county commission supervises incorporations in their county. Persons wishing to incorporate must first provide an accurate survey of the area to be incorporated. Next, within thirty days of applying for incorporation, a census must be taken to show the number of people living in the area to be incorporated. 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 met, 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.
Towns
In Oklahoma, a
town
A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world.
Origin and use
The word "town" shares an ori ...
governed by a board of trustees is the simplest government type in Oklahoma.OKLAHOMA STATUTES AND CODES Title 11: Cities and Towns (accessed August 20, 2013) 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
In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...
of the town. The mayor is the
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
for the town and, depending on his or her duties, may serve as the
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
of the town. The judicial branch is known as the municipal court, which is a court of no-record in Oklahoma's judicial system.
The town board of trustees appoints and removes town officers and employees as provided by law or ordinance, maintains the public peace and order, enacts municipal legislation and punishment for its violation, raises revenue, makes appropriations, manages the fiscal affairs of the town, inspects the books and accounts maintained by the town treasurer, investigates municipal affairs, creates and abolishes divisions of the town government, and grants pardons for violation of municipal ordinances.
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 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 meetings. The clerk enrolls ordinances and resolutions passed by the board and has custody of 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 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 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
city
A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be def ...
is a highly
autonomous
In developmental psychology and moral, political, and bioethical philosophy, autonomy, from , ''autonomos'', from αὐτο- ''auto-'' "self" and νόμος ''nomos'', "law", hence when combined understood to mean "one who gives oneself one's ow ...
incorporated area either contained within a county or spanning multiple counties. According to the state constitution, any community with a population of more than 2,000 can become a city.Article XVII, Section 3A, Oklahoma Constitution a Oklahoma Legal Research System (accessed August 20, 2013) State law further stipulates that a city must have at least 1,000 inhabitants. City governments provide the same services as towns but are organized in a different manner under one of four possible governance structures.
In an aldermanic or weak mayor-council structure, the city is governed by an elected at-large
mayor
In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...
and two councilmembers from each ward, forming the
city council
A municipal council is the legislative body of a municipality or local government area. Depending on the location and classification of the municipality it may be known as a city council, town council, town board, community council, rural counc ...
. The mayor serves as the presiding officer of the council and the
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
and
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
of the city, but does not vote on the council unless to break a tie vote. The council also elects a council president that can act in the mayor's absence. As the
chief executive officer
A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...
of the city government, the mayor appoints city officers with the council's oversight and can remove, suspend, and directly oversee city officers and employees. The mayor prepares an annual budget and submits it to the council, advises the council on the city's finances and future needs, makes recommendations, enforces city ordinances, and maintains the public peace. The council is responsible for enacting municipal legislation, revenue and spending decisions, and creating or abolishing city divisions.
The governing body of a council-manager city is a
city council
A municipal council is the legislative body of a municipality or local government area. Depending on the location and classification of the municipality it may be known as a city council, town council, town board, community council, rural counc ...
composed of one councilmember from each ward of the city and one at-large councilmember. The council elects from among its members a mayor to preside over meetings and a vice-mayor to preside in his absence. Though recognized as
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
of the city, the mayor has no regular administrative duties except for signing conveyances and other written obligations of the city as the council requires. If a vacancy occurs in the office of mayor, the vice-mayor becomes the mayor for the remainder of the unexpired term. Aside from passing ordinances and raising city revenue, the council is responsible for appointing a
city manager
A city manager is an official appointed as the administrative manager of a city, in a "Mayor–council government" council–manager form of city government. Local officials serving in this position are sometimes referred to as the chief execu ...
to serve as the
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
for the city. The city manager is the
chief executive officer
A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...
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 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 strong mayor–council city is the third form of city government provided for in Oklahoma law. 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
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
'' councilmember at large and presides over meetings of the council. As the councilmember at large, the mayor has the powers, rights, privileges, duties, and responsibilities of any other councilmember, including the right to vote on questions. The mayor serves as both
head of state
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
and
head of government
The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, a gro ...
for the city as the city's
chief executive officer
A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...
. 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 is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory.
Use
Marti ...
, the
Governor of Oklahoma
The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma Executive (government), executive branch, of the government of Oklahoma. The gove ...
must recognize the mayor as head of the city. The mayor appoints and removes most city officials without prior council approval, supervises and controls 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.
A unique feature of a strong-mayor city is the presence of a city personnel board to ensure that a
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
The earliest known example of a me ...
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 board.
In strong-mayor form, city employees 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 allegation of a 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:
Officers and employees 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 the merit system may be removed from office or position either by the authority normally having the 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.
Whenever a city officer or employee is laid off, suspended, demoted, or removed from office, that officer or employee may appeal the action to the 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 allows a city with a population of over 2,000 people to establish its own form of government under a
City Charter
A city charter or town charter (generically, municipal charter) is a legal document (''charter'') establishing a municipality such as a city or town. The concept developed in Europe during the Middle Ages.
Traditionally the granting of a charter ...
.
Regardless of the city's form of government, must include the following officials, either elected or appointed:
* The
city clerk
A clerk is a senior official of many municipal governments in the English-speaking world. In some communities, including most in the United States, the position is elected, but in many others, the clerk is appointed to their post. In the UK, a Tow ...
serves as the Secretary of the Council and keeps the journal of the proceedings of the Council. The Clerk enrolls the 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 treasurer The municipal treasurer is a position of responsibility for a municipality according to the locally prevailing laws.
The treasurer of a public agency is elected police officers
A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the ...
.
* The city attorney heads the Legal Department and handles the 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 Democratic Party
The Oklahoma Democratic Party is an Oklahoma political party affiliated with the Democratic Party. Along with the Oklahoma Republican Party, it is one of the two major parties in Oklahoma politics.
The party dominated local politics in Oklahoma ...
Oklahoma Libertarian Party
The Oklahoma Libertarian Party is the state affiliate of the Libertarian Party in Oklahoma. It has been active in state politics since the 1970s, but due to Oklahoma's ballot access requirements the party has been an officially recognized par ...
*
Oklahoma Republican Party
The Oklahoma Republican Party is the Oklahoma state affiliate of the Republican Party (GOP). Along with the Oklahoma Democratic Party, it is one of the two major parties in the state.
It is currently the dominant party in the state, controlling ...
*
Political party strength in Oklahoma
The following tables indicate the party of elected officials in the U.S. state of Oklahoma:
*Governor
*Lieutenant Governor
* Secretary of State
*Attorney General
*State Auditor, State Examiner and Inspector, and State Auditor and Inspector
*Sta ...
*
Republicanism in the United States
The values, ideals and concept of republicanism have been discussed and celebrated throughout the history of the United States. As the United States has no formal hereditary ruling class, ''republicanism'' in this context does not refer to a ...
Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...