All, We had two deputy sheriffs sign up to run for our city council. I know that 51 O.S. 6 is the general prohibition against dual office holding and it specifically allows a "county employee" to run for a city council. However, there is an older AG's opinion, 78-171, that determined a "city councilman who is hired to work as a deputy sheriff vacates ipso facto the office of city councilman upon assuming the duties of deputy sheriff." I know the AG's opinion is based upon older law. -- *Corry S. Kendall* Attorney at Law 122 N. Oklahoma Avenue Mangum, OK 73554 corry.kendall@swoklaw.com Phone: (580) 482-3355 Fax: (580) 954-0060 www.swoklaw.com

The AG opinion was in 1978 while the exception for county employees who are elected to Council Councils / Town Boards was added in 1998. AG's opinion stated the correct conclusion at that time - both positions are public offices and there was no exception to the prohibition. But the 1998 addition very likely created the exception that would apply. On Thu, Feb 6, 2025 at 8:20 AM Corry Kendall via Oama <oama@lists.imla.org> wrote: > All, > > We had two deputy sheriffs sign up to run for our city council. I know > that 51 O.S. 6 is the general prohibition against dual office holding and > it specifically allows a "county employee" to run for a city council. > However, there is an older AG's opinion, 78-171, that determined a "city > councilman who is hired to work as a deputy sheriff vacates ipso facto the > office of city councilman upon assuming the duties of deputy sheriff." I > know the AG's opinion is based upon older law. > -- > *Corry S. Kendall* > Attorney at Law > 122 N. Oklahoma Avenue > Mangum, OK 73554 > corry.kendall@swoklaw.com > > Phone: (580) 482-3355 > Fax: (580) 954-0060 > www.swoklaw.com > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >