Broken Arrow City Council
Meeting of: 02-20-2018
To: Mayor and City Council
From: Office of the City Attorney
Title:
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Presentation and discussion on ShamRock the Rose Event for Soldier's Wish
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Background:
On December 21, 2017, Debra Wimpee, on behalf of BA Buzz and Soldier's Wish, submitted a Special Event Permit Application for an event entitled ShamRock the Rose to take place on March 10, 2018, at 4:00 p.m. Shortly after receiving this Application, the City Attorney and the City Manager met with Council Member Wimpee to discuss the implications of state law on this proposed event.
Title 11, Section 8-113 of the Oklahoma Statutes addresses conflicts of interest. It provides in pertinent part:
A. "Except as otherwise provided by this section, no municipal officer or employee, or any business in which the officer, employee, or spouse of the officer or employee has a proprietary interest, shall engage in:
1. Selling, buying, or leasing property, real or personal, to or from the municipality;
2. Contracting with the municipality...
D. For purposes of this section, "proprietary interest" means ownership of more than twenty-five percent (25%) of the business or of the stock therein or any percentage which constitutes a controlling interest but shall not include any interest held by a blind trust."
Conflicts of interest are also addressed in the Oklahoma Constitution. Article 10, Section 11 provides that a Council Member cannot receive, directly or indirectly, any interest, profit or perquisite arising from the use or loan of public funds or moneys.
Pursuant to 11 O.S. Section 8-113 referenced above, Council Members, their spouses, and their companies are prohibited from leasing any real property owned by the City. Pursuant to Article 10, Section 11 of the Constitution, Council Members cannot receive, directly or indirectly, any interest, profit or perquisite arising fr...
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