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Town of Calera
Oklahoma · Est. 1872
Chapter

CHAPTER 31 — Officers And Employees; Personnel Policies

Officers And Employees

§ 31.01 Town Clerk-treasurer

   (A)   There is hereby created the office of Town Clerk-Treasurer, who shall be elected for a term of four years beginning at the municipal election held on April 4, 2017, and thereafter for a term of four years as provided by law for the election of a Town Clerk-Treasurer.
   (B)   The Town Clerk-Treasurer shall have and exercise all powers and duties assigned to him or her by statute and ordinance and such other authority as may be granted to him or her by the Board of Trustees.
(Prior Code, § 2-301) (Ord. 2015-03, passed 9-1-2015)

§ 31.02 Town Attorney

   (A)   The Board of Trustees may appoint a Town Attorney or may secure the services of an attorney or attorneys on a contractual basis when needed.
   (B)   The Town Attorney, when and if appointed, shall be the legal adviser of the Board and all officers, departments and agencies of the town government in matters relating to their official powers and duties. He or she shall represent the town in proceedings in the courts. He or she shall perform all services incident to his or her position which may be required by law or ordinance.
(Prior Code, § 2-303)

§ 31.03 Town Health Officer

   The Board of Trustees may appoint a Town Health Officer. The County Health Officer or any qualified personnel of the State Department of Health may perform the duties and functions of a Town Health Officer.
(Prior Code, § 2-304)

§ 31.04 Other Personnel

   The Board of Trustees may appoint such other officers and employees as it deems desirable and may determine their compensation by motion or resolution, and may demote, suspend, lay off or remove all such personnel in compliance with due process and other requirements of law.
(Prior Code, § 2-305)
Personnel Policies

§ 31.15 Bonds

   (A)   The Town Clerk-Treasurer and any other officers and employees who the Town Board may designate, by ordinance or otherwise, shall give bond for the faithful performance of their duties in such amount and form as the Board shall prescribe. The town shall pay the premiums on such bonds.
   (B)   The town may require the officer to secure the bond within ten days after his or her election or appointment.
(Prior Code, § 2-306)
Statutory reference:
   Related provisions, see 11 O.S. § 8-105

§ 31.16 Oaths

   (A)   All officers of the town, but not employees, are required to take the oath or affirmation of office prescribed by the State Constitution before they enter upon their duties.
   (B)   Both officers and employees are currently required to take and subscribe to the loyalty oath prescribed by state law.
(Prior Code, § 2-310)

§ 31.17 Salaries Of Elective Town Officers

   (A)   Generally. The compensation of all elective town officers, including the following, shall be fixed by ordinance:
      (1)   Mayor;
      (2)   Each Trustee; and
      (3)   Town Clerk-Treasurer.
   (B)   Meeting attendance. Elected officials shall receive $100 for the regularly-scheduled meetings and $50 for special meetings, not to exceed $150 per month, as compensation for their duties, half of which is to be paid from the Public Works Authority and half from the town’s general government. Changes in pay shall not go into effect until the next term of office.
   (C)   Salary adjustments. Any increase or decrease in the salary of the Clerk-Treasurer for legal duties shall not go into effect until the next term of office.
(Prior Code, § 2-307) (Ord. 2007-01, passed 1-9-2007; Ord. 2019-01, passed 1-10-2019)
Statutory reference:
   Related provisions, see 11 O.S. § 12-113

§ 31.18 Employee Compensation; Personnel Number And Classes

   (A)   The compensation of all other officers and employees, excepting those whose compensation the law requires to be set by ordinance, may be determined by a motion or resolution adopted by the Board of Trustees and may be changed at any time in the same manner.
   (B)   Except as the law provides otherwise, the Board of Trustees may determine or regulate the number and classes of officers and employees.
(Prior Code, § 2-308)

§ 31.19 Certain Salaries Not Changed After Election Or Appointment

   (A)   In no case shall the salary or emoluments of any town officer elected or appointed for a definite term be changed after his or her election or appointment or during his or her term of office unless by operation of an ordinance passed prior to such election or appointment, such being prohibited by Oklahoma Constitution Art. XXIII, § 10.
   (B)   This provision shall not apply to officers chosen for indefinite terms, nor to employees.
(Prior Code, § 2-309)

§ 31.20 Officers Continue Until Successors Are Elected And Qualify

   Every officer who is elected or appointed for a definite term shall continue to serve thereafter until his or her successor is elected or appointed and qualifies, unless his or her services are sooner terminated by resignation, disqualification, removal, death, abolition of the office or other legal manner.
(Prior Code, § 2-311)

§ 31.21 Emergency Personnel Appointments

   (A)   Definition. For the purpose of this section, the following definition applies unless the context clearly requires a different meaning.
      EMERGENCY. An unexpected or unforeseen contingency or catastrophic event affecting the health, safety or welfare of the citizens of the town.
   (B)   Appointment conditions.
      (1)   The Mayor, in an emergency situation, may appoint such other officers and employees as he or she may deem necessary to protect the health, safety and welfare of the citizens of the town during the existence of the emergency, subject to the approval of the Board of Trustees as soon as a special meeting or regular meeting can reasonably be called or held therefor.
      (2)   The Board of Trustees may determine the compensation of such emergency employees by motion or resolution and may direct the demotion, layoff or removal of such personnel at the conclusion of such emergency.
(Prior Code, § 2-312)

§ 31.22 Layoffs, Suspensions, Demotions Or Removals; Appeals

   (A)   Employees or officers on probationary status may be laid off, suspended without pay, demoted or removed at any time without the written statement, hearing and procedures required in division (B) below.
   (B)   (1)   Written appeal. An employee or officer who, after a probationary period as set by the Town Board, is laid off, suspended without pay for more than ten days, demoted or removed may appeal in writing to the Town Board. The appeal must be filed with the Town Clerk-Treasurer for transmittal to the Board within ten days after receipt of the notice of the layoff, suspension, demotion or removal.
      (2)   Hearing and judgment. As soon as practicable thereafter, the Board shall conduct a hearing on the appeal or give adequate opportunity therefor, shall report in writing its findings and recommendations and shall make its final decision in writing regarding the appellant’s layoff, suspension, demotion or removal. If the Board finds that the layoff, suspension, demotion or removal was made in error, then it shall veto the layoff, suspension, demotion or removal and order the reinstatement of the employee or officer.
      (3)   Proceeding procedures. Any proceedings of the Board shall be subject to open- meeting laws and applicable exceptions provided for executive sessions.
(Prior Code, § 2-305)

§ 31.23 Employee Retirement System

   (A)   Adoption. Pursuant to the authority conferred by the laws of the state and for the purpose of encouraging continuity and meritorious service on the part of town employees, and thereby promoting public efficiency, there is hereby authorized, created, established and approved and adopted, effective as of December 1, 2014, the amended and restated plan designated the “Employee Retirement System of the Town of Calera and Calera Public Works Authority, Oklahoma, Defined Benefit Plan,” hereinafter called “the System,” an executed counterpart of which is marked Exhibit A, “Joinder Agreement,” and Exhibit B, “Amended and Restated Plan,” and attached to the ordinance codified herein as part hereof as if set out herein in full.
(Prior Code, § 2-601)
   (B)   Fund.
      (1)   A fund is hereby provided for the exclusive use and benefit of the persons entitled to benefits under the System. All contributions to such fund shall be paid over to and received in trust for such purpose by the town.
      (2)   Such fund shall be pooled for the purpose of management and investment with similar funds of other incorporated cities, towns and municipal trusts in the state as a part of the Oklahoma Municipal Retirement Fund in accordance with the trust agreement of the Oklahoma Municipal Retirement Fund, a public trust.
      (3)   The town shall hold such contributions in the form received and from time to time shall pay over and transfer the same to the Oklahoma Municipal Retirement Fund as duly authorized and directed by the Board of Trustees. The fund shall be nonfiscal and shall not be considered in computing any levy when the annual estimate is made to the County Excise Board.
(Prior Code, § 2-602)
   (C)   Appropriations.
      (1)   The Town of Calera and Calera Public Works Authority, Oklahoma, is hereby authorized to incur the necessary expenses for the establishment, operation and administration of the System and to appropriate and pay the same. In addition, the Town of Calera and Calera Public Works Authority, Oklahoma, is hereby authorized to appropriate annually such amounts as are required in addition to employee contributions to maintain the System and the fund in accordance with the provisions of the defined benefit plan.
      (2)   Any appropriation so made to maintain the System and fund shall be for deferred wages or salaries and the payment of necessary expenses of operation and administration to be transferred to the Trustees of the Oklahoma Municipal Retirement Fund for such purposes, and shall be paid into the fund when available to be duly transferred to the Oklahoma Municipal Retirement Fund.
(Prior Code, § 2-603)
   (D)   Execution.
      (1)   The Mayor and Town Clerk-Treasurer be and they are each hereby authorized and directed to execute in counterparts, each of which shall constitute an original, the System instrument, and to do all other acts and things necessary, advisable and proper to put said System and related trust into full force and effect, and to make such changes therein as may be necessary to qualify the same under I.R.C. §§ 401(a) and 501(a), being 26 U.S.C. §§ 401(a) and 501(a), respectively.
      (2)   The counterpart attached to the ordinance codified herein as Exhibit A and Exhibit B, which has been duly executed as aforesaid simultaneously with the passage of this section and made a part hereof as if fully set out herein, is hereby ratified and confirmed in all respects.
      (3)   This Committee is hereby authorized and directed to proceed immediately on behalf of the Town of Calera and Calera Public Works Authority, Oklahoma, to pool and combine the fund into the Oklahoma Municipal Retirement Fund as a part thereof with similar funds of such other cities and towns for the purpose of pooled management and investment.
(Prior Code, § 2-604)
(Ord. 2014-05, passed 12-19-2014; Ord. 2022-02, passed 4-14-2022; Ord. 2022-03, passed 4-14-2022; Ord. 2022-04, passed 4-14-2022)

§ 31.24 Social Security

   (A)   Policy declaration. It is hereby declared to be the policy and purpose of the town to extend, at the earliest date, to the eligible employees and officials of the town the benefits of the system of federal old-age and survivors insurance as authorized by the federal Social Security Act, being 42 U.S.C. §§ 301 et seq., and all amendments thereto, and by 51 O.S. §§ 121 et seq. In pursuance of this policy, the officers and employees of the town shall take such action as may be required by applicable state or federal laws or regulations.
(Prior Code, § 2-401)
   (B)   Execution of agreement with state agency. The Mayor is authorized and directed to execute all necessary agreements and amendments with the State Department of Human Services to accomplish the provisions of division (A) above.
(Prior Code, § 2-402)
   (C)   Withholdings. Withholdings from the salaries or wages of employees and officials for the purpose provided in division (A) above are hereby authorized to be made in the amounts and at such times as may be required by applicable state and federal laws or regulations, and such shall be paid over to the state or federal agency designated by the laws and regulations.
(Prior Code, § 2-403)
   (D)   Contributions. Employer contributions shall be paid from amounts appropriated for such purpose from available funds to the designated state or federal agency in accordance with applicable state or federal laws or regulations.
(Prior Code, § 2-404)
   (E)   Records and reports. The Town Clerk-Treasurer shall keep such records and submit such reports as may be required by applicable state or federal laws or regulations.
(Prior Code, § 2-405)
   (F)   Exclusions. Excluded from this section authorizing the extension of Social Security benefits to town officers and employees are the following:
      (1)   Any authority to make any agreement with respect to any position, employee or official now covered or authorized to be covered by any other ordinance creating any retirement system for any employee or official of the town; or
      (2)   Any authority to make any agreement with respect to any position, employee or official for which compensation is on a fee basis, or to any position, employee or official not authorized to be covered by applicable state or federal laws or regulations.
(Prior Code, § 2-406)
Statutory reference:
   Social Security coverage for local governments, see 51 O.S. § 125

§ 31.25 Firefighters Pension And Retirement Fund

   (A)   (1)   The Clerk shall deduct from the salaries or wages of each paid member of the Fire Department the appropriate amounts of money as established and required by state law as contribution to the Firefighters Pension Fund.
      (2)   However, if the members of the Fire Department, by a majority vote of its paid members, vote to increase the amount of the deductions, then the amounts authorized by this division (A) shall be increased to reflect the amounts approved by the majority vote.
      (3)   The Treasurer of the town shall deposit monthly with the State Firefighters Pension and Retirement Board the amounts deducted pursuant to this division (A). Any amounts deducted from the salary or wages of a Fire Department member shall be made at the time of each payroll. The deductions shall be set forth in the payroll so that each member may be able to ascertain the exact amount which he or she is contributing.
   (B)   The Town Treasurer shall deposit monthly with the State Firefighters Pension and Retirement Board the amounts of money as established and required by state law for each paid member of the Fire Department.
   (C)   For each volunteer member of the Fire Department, the Town Treasurer shall deposit yearly with the State Firefighters Pension and Retirement Board the amounts of money as established and required by state law. These amounts may be revised according to actuarial studies and amounts as set by the State Firefighters Pension and Retirement Board.
   (D)   All assets of the Town Firefighters Pension and Retirement Fund shall be transferred to the State Firefighters Pension and Retirement Board. Assets shall be transferred in the form of cash, negotiable securities and such other specific assets as permitted by the Board.   
(Prior Code, § 2-501)
Statutory reference:
   Firefighters pension law, see 11 O.S. § 49-122