§ 31.01 MAYOR.

(A) The Board of Trustees shall elect from among its members a mayor. The Mayor shall be elected in each odd-numbered year at the first Board of Trustees meeting held after Trustee terms begin, or as soon thereafter as practicable. The Mayor shall serve until his or her successor has been elected and qualified.

(B) (1) The Mayor shall preside at meetings of the Board and shall certify to the correct enrollment of all ordinances and resolutions passed by it. He or she shall be recognized as head of the town government for all ceremonial purposes and shall have such other powers, duties, and functions as may be prescribed by law or ordinance.

(2) The Mayor shall have all the powers, rights, duties, and responsibilities of a Trustee, including the right to vote on questions.

(C) During the absence, disability, or suspension of the Mayor, the Board shall elect from among its members an acting mayor. When a vacancy occurs in the office of the Mayor, the Board shall elect another mayor from among its members to serve for the duration of the unexpired term.

(Prior Code, § 2-201)

§ 31.02 TOWN CLERK/TREASURER.

(A) Office created. There is hereby created the office of Town Clerk/Treasurer.

(B) Powers and duties.

(1) Generally. 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.

(2) Duties as Clerk. As Clerk, the Town Clerk/Treasurer shall:

(a) Keep the journal of proceedings of the Board of Trustees;

(b) Enroll all ordinances and resolutions passed by the Board of Trustees in a book or set of books kept for that purpose;

(c) Have custody of documents, records, and archives as may be provided for by law or by ordinance, and have custody of the town seal; and

(d) Have such other powers, duties, and functions related to the statutory duties of the Clerk as may be prescribed by law or ordinance.

(3) Duties as Treasurer. As Treasurer, the Town Clerk/Treasurer shall:

(a) Maintain accounts and books to show where and from what source all monies paid to the town have been derived and to whom and when any monies have been paid;

(b) Deposit daily funds received for the town in depositories the Board of Trustees may designate; and

(c) Have such other powers, duties, and functions related to the statutory duties of the Treasurer as may be prescribed by law or ordinance.

(4) Additional administrative duties. The person who serves as Town Clerk/Treasurer may also perform additional administrative duties not specified by state law as an employee of the town. Said additional duties shall be performed by the person serving as the Town Clerk/Treasurer or as otherwise provided by motion or other action of the Board. The person performing additional administrative duties shall perform such duties as may be prescribed by the Board.

(C) References to Clerk or Treasurer in other town ordinances. All references in all other ordinances of the town to the Town Clerk or the Deputy Town Clerk, the Town Treasurer or the Deputy Treasurer shall mean and be references to the Town Clerk/Treasurer or the Deputy Town Clerk/Treasurer.

(Ord. 2009-02, passed 5-12-2009; Ord. 2023-01, passed 1-10-2023)

§ 31.03 DEPUTY TOWN CLERK/TREASURER.

There is hereby created the office of Deputy Town Clerk/Treasurer who shall be appointed by the Board of Trustees.

(Ord. 2023-01, passed 1-10-2023)

§ 31.04 TOWN ATTORNEY.

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. The Town Attorney, when and if appointed, shall be the legal adviser of the Board, all officers, departments, and agencies of the town government in matters relating to their official powers and duties. He or she may represent the town in proceedings in the Courts and perform services incident to his or her position which may be required by law or ordinance.

(Prior Code, § 2-304)

§ 31.05 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 if so designated by the town.

(Prior Code, § 2-305)

§ 31.06 OTHER PERSONNEL, APPOINTMENTS, REMOVALS.

(A) 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.

(B) (1) 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) As soon as practicable thereafter, the Board shall conduct a hearing on the appeal, or give an adequate opportunity therefor, and shall report in writing its findings and recommendations and 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, it shall veto the layoff, suspension, demotion, or removal and order the reinstatement of the employee or officer.

(3) Any proceedings of the Board shall be subject to open meeting laws and applicable exceptions provided for executive sessions. Employees or officers on probationary status may be laid off, suspended without pay, demoted, or removed at any time without the written statement, hearings, and procedures required in this section.

(Prior Code, § 2-306)

§ 31.07 BONDS.

(A) The Board shall require the Town Clerk/Treasurer and any other officers and employees as it may designate by ordinance or otherwise to give bond for the faithful performance of duties in such amount and form as the Board shall prescribe.

(B) The town shall pay the premiums on such bonds.

(C) The town may require the officer to secure the bond within ten days after his or her election or appointment.

(Prior Code, § 2-307)

§ 31.08 SALARIES AND COMPENSATION.

(A) The compensation of all elective town officers, including the following, shall be fixed by ordinance:

(1) The Mayor;

(2) Each Trustee;

(3) The Town Clerk; and

(4) The Town Treasurer.

(Prior Code, § 2-308)

(B) (1) The compensation of all other officers and employees excepting those whose compensation the law requires to be set by ordinance, may be determined by motion or resolution adopted by the Board of Trustees, and may be changed at any time in the same manner.

(2) Except as the law provides otherwise, the Board of Trustees may determine or regulate the number and classes of officers and employees.

(Prior Code, § 2-309)

(C) (1) 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 the State Constitution, Art. 23, § 10.

(2) This provision shall not apply to officers chosen for indefinite terms nor to employees.

(Prior Code, § 2-310)

§ 31.09 OATHS.

Officers of the town shall take the oath or affirmation of office prescribed by the State Constitution before they enter upon their duties.

(Prior Code, § 2-311)

§ 31.10 CONTINUATION OF TERMS.

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, § 2-312)

§ 31.11 APPOINTMENT OF PERSONNEL IN EMERGENCIES.

(A) The Mayor may, in an emergency situation, 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.

(B) 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.

(C) For the purposes of this section, the term EMERGENCY shall be defined to mean an unexpected or unforeseen contingency or catastrophic event affecting the health, safety, or welfare of the citizens of the town.

(Prior Code, § 2-313)

§ 31.12 CANDIDATES FOR OFFICE.

(A) Preregistration of candidates. Except as otherwise provided, to be eligible for election to any municipal office, a candidate must file a declaration of candidacy with the Town Clerk/Treasurer no later than 5:00 p.m. of the third Friday of March immediately preceding the town meeting at which the town’s biennial election is to be held.

(B) Insufficient number of candidates. Should the number of eligible candidates be insufficient to fill a municipal office on the date the biennial election is held, the office shall be filled by majority vote of the Town Board members in office immediately following the biennial election, or in default of which as otherwise provided by law.

(Prior Code, § 2-314) (Ord. 2011-01, passed 2-8-2011)

§ 31.13 WORKPLACE WELLNESS POLICY.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HOSTING. The use of municipal facilities or other resources for a function, an event, or an activity. Examples include fairs, community gardens, classes, support groups, sporting or athletic events, concerts, and the like.

INDOOR AREA. Any enclosed area used or visited by municipal employees, regardless of whether work is being performed. INDOOR AREA includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, parking garages, municipal vehicles, and any other spaces used or visited by employees, as well as all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of openings such as doors, doorways, open or closed windows, or stairways.

MUNICIPAL PROPERTY. All buildings, indoor areas, and outdoor areas, including but not limited to recreational areas and other property, or portions thereof, owned or operated by the town, including but not limited to vehicles and equipment owned by the municipality. OUTDOOR AREA. Any area that is not an indoor area, and includes OUTDOOR RECREATIONAL AREAS.

SMOKING. The carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device.

SPONSORING. Providing financial or in-kind support of resources and services for programs, classes, farmers markets, or other types of events and activities promoting healthy living.

TOBACCO PRODUCT. Any product that contains tobacco and is intended for human consumption. TOBACCO PRODUCT does not include any product approved by the United States Food and Drug Administration (FDA) for sale as a tobacco cessation product.

VAPOR PRODUCT. Any noncombustible product, that may or may not contain nicotine, that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, and that can be used to produce a vapor in a solution or other form. VAPOR PRODUCT includes any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any vapor cartridge or other container of a solution that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, or electronic smoking device.

(B) Wellness program support. The town commits to creating a workplace environment that is conducive to eating healthy, being physically active, and living tobacco free and vapor free by doing the following:

(1) Establishing and providing support for a wellness committee to implement the Wellness Policy, to identify and pursue opportunities to improve health, and to monitor the success of the Policy;

(2) Promoting healthy behaviors and choices through appropriate communications resources, such as pamphlets, brochures, posters, newsletters, webinars, or meetings;

(3) Establishing wellness programs for employees;

(4) Expanding wellness programs, resources, and benefits to make them available to family members of employees, as appropriate;

(5) Conducting ongoing evaluations of wellness policies and programs; and

(6) Hosting, sponsoring, or promoting health events, such as health fairs, classes, or races.

(C) Nutritious foods and beverages. The town commits to making healthy food and beverage options widely available and easily accessible to its employees by doing the following:

(1) Selling and offering foods and beverages throughout the workplace that follow these guidelines:

(a) One hundred percent of foods contain zero grams of trans fat per serving;

(b) One hundred percent of snack foods contain no more than 230mg of sodium per serving (excluding refrigerated meals);

(c) One hundred percent of individual meal items contain no more than 480mg of sodium per serving;

(d) Seventy-five percent of packaged foods contain no more than 200 calories per package, no more than 10% of total calories from saturated fat, and no more than 35% of total calories from sugar (excluding nuts and seeds without added fats, oils, or sweeteners, and fruits or vegetables without added caloric sweeteners);

(e) Seventy-five percent of beverages contain no more than 40 calories per serving (excluding 100% fruit juice and unsweetened milk);

(f) One hundred percent of milk and milk products will be unsweetened and nonfat or lowfat (1%);

(g) One hundred percent of juice will be unsweetened and will contain 100% juice;

(h) One hundred percent of vegetable juice will contain no more than 230mg of sodium per serving; and

(i) One hundred percent of foods are cooked without frying (for example, steaming, grilling, roasting, broiling, baking, poaching, or sauteing).

(2) Promoting good nutrition and healthy eating habits through these activities and services:

(a) Making cool drinking water available throughout the day at no cost;

(b) Providing employees with access to a refrigerator, microwave, and sink with a water faucet;

(c) Encouraging employees to bring healthy foods to special occasions such as events, birthdays, and retirement parties, or celebrating with nonfood items;

(d) Ensuring access to a private space (other than a restroom) that has an electrical outlet, and providing flexible paid or unpaid break times to allow mothers to express breast milk and/or breastfeed;

(e) Providing nutritional information on foods and beverages sold and offered in the workplace;

(f) Identifying healthy food and beverage menu items with signs, symbols, and/or colors;

(g) Offering smaller portion sizes;

(h) Promoting the purchase of healthy foods and beverages through practices such as posting flyers and other communication tools;

(i) Providing nutrition education through activities such as seminars, workshops, classes, meetings, or newsletters; and

(j) Hosting, sponsoring, or promoting a farmers market on or near municipal property that is open to community members.

(D) Opportunities for physical activity. The town commits to making physical activity opportunities widely available and easily accessible by doing the following:

(1) Providing employees with at least 30 minutes of physical activity break time in addition to their regularly scheduled meal breaks;

(2) Incorporating ten-minute physical activity breaks into every hour of sedentary meetings, trainings, and other workplace gatherings;

(3) Promoting short activity breaks throughout the workday;

(4) Promoting walking meetings;

(5) Providing flexible work arrangements to accommodate physical activity breaks;

(6) Promoting stairwell use, if applicable, throughout the workday by making stairs accessible and appealing, and posting motivational signs;

(7) Using posters, pamphlets, and other forms of communication to promote physical activity;

(8) Promoting employee participation in physical activity by creating exercise clubs or groups and sponsoring events or employee sports teams;

(9) Providing an on-site fitness facility;

(10) Providing access to an on-site changing room or locker rooms with a shower;

(11) Providing employees and their families with access to an off-site fitness facility, including but not limited to purchasing corporate memberships as part of employee benefits packages, subsidizing membership expenses, or negotiating a discounted rate;

(12) Providing safe and secure bicycle parking for employees and visitors to municipal workplaces;

(13) Providing information about local resources and facilities such as events, walking trails, community parks, and recreational facilities; and

(14) Promoting physical activity through activities such as seminars, workshops, classes, newsletters, or meetings.

(E) Tobacco free and vapor free. The town commits to supporting employees’ access to clean air by limiting exposure to secondhand tobacco smoke and secondhand vapor by doing the following:

(1) Supporting existing local and state laws that prohibit smoking and the use of tobacco products and vapor products in indoor areas and on municipal property, through educational materials, requisite signage, and enforcement assistance where applicable;

(2) Enforcing the “Local Tobacco-Free and Vapor-Free Ordinance at Talala;”

(3) Prohibiting employees from smoking or using tobacco products or vapor products in personal vehicles during all hours of employment while such vehicles are on municipal property;

(4) Providing cessation support for employees by doing the following:

(a) Referring employees interested in quitting use of tobacco products and vapor products to the State Tobacco Helpline and other cessation resources, if available;

(b) Promoting the State Tobacco Helpline (1-800-QUIT-NOW or OKHelpline.com) to ensure awareness of the statewide services that are available;

(c) Providing insurance benefits and access to the following types of assistance with no prior authorization or out-of-pocket cost to the employee:

1. Group, individual, and phone counseling:

a. A minimum of four counseling sessions of at least ten minutes each per attempt; and

b. Two quit attempts per year.

2. All 7 FDA-approved cessation aids.

(d) Communicating and promoting the available tobacco cessation benefits and insurance coverage for employees to all prospective employees, new employees at the time of hire, and all existing employees on an annual basis.

(e) Free cessation counseling is also offered by the State Tobacco Helpline (1-800-QUIT-NOW).

(5) Providing specific implementation and enforcement support for the local and state laws mentioned above, including but not limited to:

(a) Posting any required signs informing people of applicable tobacco-free and vapor-free laws and policies at entrances to all buildings on municipal property; and

(b) 1. Including copies of applicable tobacco-free and vapor-free laws and policies in relevant municipal policy manuals, handbooks, or employee training materials. Employees are responsible for familiarizing themselves with these laws and policies and their applicable enforcement measures.

2. The town commits to supporting employees’ access to clean air by limiting workplace exposure to secondhand tobacco smoke and secondhand vapor by doing the following:

a. Supporting existing local and state laws that prohibit smoking and the use of tobacco products and vapor products in indoor areas and on municipal property through educational materials, requisite signage, and enforcement assistance where applicable;

b. Prohibiting employees from smoking or using tobacco products and vapor products on municipal property during all hours of employment, including in indoor areas, such as elevators, and outdoor areas, such as parks and recreational areas;

c. Prohibiting employees from smoking or using tobacco products and vapor products in all vehicles owned or leased by the town at all times;

d. Prohibiting employees from smoking or using tobacco products or vapor products in personal vehicles during all hours of employment while such vehicles are on municipal property;

e. Prohibiting ash receptacles such as ash trays or ash cans and other tobacco product and vapor product waste receptacles on municipal property or in vehicles owned or leased by the town;

f. Providing cessation support for employees by doing the following:

i. Referring employees interested in quitting use of tobacco products and vapor products to the State Tobacco Helpline and other cessation resources, if available;

ii. Promoting the State Tobacco Helpline (1-800-QUIT-NOW or OKHelpline.com) to ensure awareness of the statewide services that are available;

iii. Providing insurance benefits and access to the following types of assistance with no prior authorization or out-of-pocket cost to the employee: A. Group, individual, and phone counseling:

1. A minimum of four counseling sessions of at least ten minutes each per attempt; and

2. Two quit attempts per year.

B. All seven FDA-approved cessation aids.

iv. Communicating and promoting the available tobacco cessation benefits and insurance coverage for employees to all prospective employees, new employees at the time of hire, and all existing employees on an annual basis.

g. Free cessation counseling is also offered by the State Tobacco Helpline (1-800-QUIT-NOW).

(6) Providing specific implementation and enforcement support for the laws mentioned above, including but not limited to:

(a) Posting signs informing people of applicable tobacco-free and vapor-free laws and policies at entrances to all buildings on municipal property;

(b) Including copies of applicable tobacco-free and vapor-free laws and policies in relevant municipal policy manuals, handbooks, or employee training materials. Employees are responsible for familiarizing themselves with these laws and policies and their applicable enforcement measures; and

(c) Following the employee handbook’s or policy manual’s standard disciplinary procedures if an employee violates divisions (E)(5)(b)2. or (E)(5)(b)2.g. above, and treating the violation of these tobacco-free and vapor-free provisions like any other violation of municipal policy.

(Document, “The Town of Talala Workplace Welleness Policy”)

§ 31.25 CREATED; MEMBERSHIP.

A Planning Commission may be created for the town. It shall consist of five appointive members, all of whom shall be residents of the town, and the Mayor and the Town Engineer (if any) as ex officio members. The appointive members shall be nominated by the Mayor and appointed by the Board of Trustees and shall serve for terms of three years. Of the original appointive members, one shall serve for a term of one year; two shall serve for a term of two years; and two shall serve for a term of three years. Vacancies shall be filled for the unexpired terms. The members shall serve without compensation. The Board of Trustees may remove members of the Town Planning Commission for cause. The Town Board of Trustees may carry out the functions of the Planning Commission until a commission is appointed.

(Prior Code, § 12-101)

§ 31.26 ORGANIZATION; MEETINGS; OFFICERS AND EMPLOYEES.

(A) (1) The Town Planning Commission shall elect a Chair, a Vice Chair, and Secretary, who shall serve until the first Monday of the next May after their election. The Secretary need not be a member of the Commission. The Commission shall determine the time and place of its regular meetings; and the Chair or any three members may call special meetings of the Commission.

(2) The Commission may employ engineers, attorneys, clerks, and other help deemed necessary, subject to the approval of the Board of Trustees.

(3) Their salaries and compensation shall be fixed by the Board, and shall be paid out of the town treasury as other salaries and compensation are paid. The necessary legal expenses shall be paid out of the town treasury as other legal expenses of the town government are paid.

(B) The Planning Commission shall meet regularly on the second Tuesday of each month at 5:30 p.m.

(Prior Code, § 12-102) (Res. 2024-01, passed 2-13-2024)

§ 31.27 POWERS AND DUTIES.

The Town Planning Commission shall have all the powers and duties prescribed for it by state law and all other powers and duties now or hereafter prescribed for it by any other provision of ordinance or law.

(Prior Code, § 12-103)

§ 31.28 TO HAVE POWER OF A ZONING COMMISSION.

(A) The Town Planning Commission is hereby appointed the Zoning Commission of the town, and the Town Planning Commission shall have the powers of a zoning commission as provided by state law. Whether exercising the powers of a planning commission or the powers of a zoning commission, it shall be legally one board known as the Town Planning Commission.

(B) Exercising the powers of a zoning commission, the Town Planning Commission shall recommend the boundaries of the various zones and appropriate zoning regulations to be enforced therein. It shall have all the powers conferred upon a zoning commission by state law and all powers which now or in the future may be granted applicable state law to such authorities.

(Prior Code, § 12-104)

§ 31.40 CREATION.

The Board of Trustees places the management and control of the Talala Area Public Library under a Library Board of Directors. The Library Board shall consist of five Directors, chosen by the Board of Trustees with reference to their fitness for such office. No Director shall receive compensation as such. Directors appointed to the Library Board shall hold office for a term of three years from the first day of May following their appointment, and their terms shall be staggered. The Board of Trustees may remove any Director for misconduct or neglect of duty. Vacancies in the Library Board of Directors shall be filled in the same manner as original appointments.

(Ord. 2017-03, passed 9-12-2017)

§ 31.41 TERMS OF OFFICE.

The Directors of the Library Board shall cast lots for respective staggered terms. Two terms shall be for two years, and three terms shall be for three years. Thereafter the terms of all Directors shall be for three years.

(Ord. 2017-03, passed 9-12-2017)

§ 31.42 ORGANIZATION.

The Library Board, immediately after the appointment and qualification of its Directors, shall meet and organize by electing one Director as President and one Director as Secretary. The President of the Library Board shall preside over all meetings. The Secretary of the Library Board shall post agendas and take the minutes of all meetings.

(Ord. 2017-03, passed 9-12-2017)

§ 31.43 POWERS, DUTIES.

The Library Board shall have control and supervision of the Talala Area Public Library. The Library Board may appoint a suitable librarian and remove the librarian, subject to approval of the Board of Trustees. The Library Board shall fix any fees to be charged by the library and shall have such other powers and authority as may be provided by ordinance.

(Ord. 2017-03, passed 9-12-2017)

§ 31.44 GROUNDS, BUILDING.

The Library Board shall have the power, with the approval of the Board of Trustees, to purchase grounds and erect thereon a suitable building for the use of the library and to suitably equip the same, and to lease rooms or buildings for the use of the library. The title to any grounds so purchased or leased, as well as any building thereon, shall be taken in the name of the town as grantee.

(Ord. 2017-03, passed 9-12-2017)

§ 31.45 MAY PROVIDE PENALTIES.

(A) The Library Board may impose fines or suitable penalties for loss of, failure to return, or damage to library materials.

(B) For the loss or damage to library materials, the Board of Trustees establishes a penalty equal to the replacement value of the lost or damaged library material.

(C) In addition, the Board of Trustees establishes a penalty of $0.25 per day for library materials not returned by the due date.

(Ord. 2017-03, passed 9-12-2017)

§ 31.46 DONATIONS.

(A) Any person desiring to make donations of money or personal or real property for the benefit of the Talala Area Public Library shall have the right to vest the title to such money or property in the municipality, to be held and controlled by the municipality, when accepted, according to the terms of the donation.

(B) The municipality shall be held and considered to be a special trustee as to such property or money donated.

(Ord. 2017-03, passed 9-12-2017)

§ 31.47 ANNUAL REPORT.

The Library Board shall make, on or before July 31 in each year, an annual report to the municipal governing body stating:

(A) The condition of its trust on June 30 of that year;

(B) The various sums of money and property received from the Library Fund and other sources, and how such monies have been expended and for what purposes;

(C) The budget for the library for the next fiscal year;

(D) Statistics on the general character and number of books and periodicals which:

(1) Are on hand;

(2) Are lost or missing;

(3) Have been added by purchase, gift, or otherwise during the year; and

(4) Have been loaned out during the year.

(E) The number of persons making use of the library during the year; and

(F) Such other information, statistics, and suggestions as it may deem of general interest.

(Ord. 2017-03, passed 9-12-2017)