City leaders seeking clarity on election issues

By Jeff Harrison
Midwest City Beacon

Midwest City officials say they are still working to provide clarity about possible conflicts of interest for city council members and those seeking office.

The issue of conflicts of interests arose earlier this year when former councilwoman Megan Bain stepped down due to potential conflicts of interest between her duties as an elected official and her employment with Mid-Del Technology Center, which is part of the Mid-Del School District.

City officials believe the situation could possibly create a conflict of interest and jeopardize agreements between the city and school district, both current and future. The city’s legal staff researched the issue and later received a legal opinion from a private law firm.

Midwest City officials pointed to a contract with Mid-Del Schools for school resource officers, which they said could’ve been jeopardized.

Bain works at the Mid-Del Technology Center as a business and development coordinator, where she markets the technology center and works with businesses and organizations for training and workforce needs. The MDTC provides workforce training and service to many local companies including some that contract with Midwest City.

She said she disagreed with the city’s assessment but made the difficult decision to step down. Former councilman Rick Dawkins was appointed to serve until the next election.

City attorney Don Maisch said the city is considering several actions to clarify the issue. Those include screening candidates for potential conflicts of interest; amending the city charter on issues related to conflicts of interest; and seeking an opinion from the state’s attorney general on the matter.

Only one of those could happen before the upcoming city council election. Maisch said the city council may consider creating a candidate questionnaire at their next meeting Nov. 14, but a charter amendment and attorney general’s opinion would likely take more time, Maisch said.

Midwest City will hold elections for four of the six council seats in February, including Bain’s former seat. The candidate filing period will be Dec. 4-6.

When asked if an employee with Mid-Del Schools could run for city council, Maisch said the city does not determine eligibility for a candidate, but the same concerns about contracts would remain.

“It’s not matter of eligibility or ineligibility, it’s a matter of if the city can still do business,” he said. “It would make the SRO contracts with the schools void.”

The first of the proposed actions would be adding a questionnaire for city council candidates. It would ask candidates about their employment and employment of a significant other as well as business ownership. Candidates for municipal office must file with the Oklahoma County Election Board.

Maisch was not sure how or when the city could present such a questionnaire to candidates. The action would require approval from the city council.

Maisch said city officials are also considering amending a portion of the city charter that prohibits city officials from having business interests in city contracts. Article 7, Sec. 12, states that:

“No officer or employee of the city, elective or appointive, shall be interested, directly or indirectly, in any contract for job, for work or for materials or supplies or the profits thereof or in any purchase made for or sales made by, to or with the city, or own stock in any corporation having and [any] contract or subcontract for doing any contract job or work, and all such contracts with such city officer or employee shall be absolutely void, and the violation of this provision shall be deemed a cause for the removal from office or employment of such officer or employee.”

Maisch said they would like to define “directly or indirectly” in the charter.

“There are conflicting opinions from attorneys general, and we would like to clarify it,” he said. “We can’t change the state statute related to this but from a city standpoint, we could.”

A change to the charter would require a vote of the people.

Midwest City is also seeking an opinion from the attorney general on the same issues. Maisch said they are still working with outside counsel to craft the petition and would need a member of the state legislature to formally submit it to the state attorney general.

 

 

Creating a candidate questionnaire could be created before the upcoming election, but a charter amendment and attorney general’s opinion would likely take more time, Maisch said.
Midwest City will hold elections for four of the six council seats, including Bain’s former seat, in February. The candidate filing period will be Dec. 4-6.

 

that would ask candidates to provide information about their employment and employment of a significant other as well as business ownership. Candidates for municipal office must file with the Oklahoma County Election Board. Maisch was not sure how or when the city could present such a questionnaire to candidates.

Candidates for municipal office could be asked questions about their profession and business ownership as well as those of their significant other.

The city will hold elections for more than half of the city council in February. The candidate filing period is the first week of December.

City attorney Don Maisch said the city is also seeking an opinion from the Attorney Ge

 

The issue of conflict of interest arose earlier this year when former Ward 3 Councilwoman Megan Bain stepped down due to potential conflicts of interest between her duties as an elected official and her employment with Mid-Del Technology Center, which is part of the Mid-Del School District.
City officials say the situation could possibly create a conflict of interest and jeopardize agreements between the city and school district, both current and future. The city’s legal staff researched the issue and later received a legal opinion from a private law firm.
City officials say a contract with the school district to provide police officers at the schools could have been put in jeopardy.
City officials are considering adding a questionnaire that would ask candidates to provide information about their employment and employment of a significant other as well as business ownership. Candidates for municipal office must file with the Oklahoma County Election Board. Maisch was not sure how or when the city could present such a questionnaire to candidates.

 

Candidates for municipal office could be asked questions about their profession and business ownership as well as those of their significant other. Maisch said a candidate’s employment and business dealings could lead to conflicts in the future. Candidates must file with the Oklahoma County Election Board and not the city. Maisch said he is not sure how or when candidates would receive a questionnaire.

Bain has worked for the Mid-Del Technology Center since 2020. She has served as a business and development coordinator since 2021, marketing the technology center and working with businesses and organizations for training and workforce needs. The MDTC provides workforce training and service to many local companies including some that contract with Midwest City.

MAYOR MATT DUKES
City attonrye, see what can and can’t do
Want ensure not another comin up, still looking at it.
We said do it, in best interest.
Not sure statutorily.
City attorney,
File Oklahoma county, file for office, questionare need fill out. Currory info. Envision something in place simlaty, with addition, anyone imiedlty family does business with city and wha do they do.
Another question, would make them inelligble to run.
Coulpel questions to answer, and Maisch reasearing it.
Failure ethics, and parameter, not set them, not fo them.
Question, can we statusorly do that.
AG, opinion? Still online, AG opinin direct and indirect.obsure, in state consitiaotn, anyone with direct or indirecte conflicht or benefit with contrct, or. Then inellgible. Then direct conflict interest.
How far down food chain to be not effected. If in food chain at all. Work for schools or entity , period.
That’s questions, askng AG.
Overeachign issues, aotther refence in our city charter.
In city charters, think took out.
2 thikgs. Oving forward asking AG opionino, one of 3 choci. Not waeight in. mwc wrong on this. Or mwc spot on.
Charter we could elemitnate. Need voters vote on charter, like we did before. Can rectivify it. aG on the other.
WHERE AT?
Need wrtien, need carried forward by state officials, stanley, she agreed to.
Need proper format, need state official,then AG agree hear or not.
Remains moot, then what mean.
Not easy deal, unfortunate that crept up. Other cases direct conflict intest.
Not past forward.
Need contact with outside, to write it. It takes time to get done.
Another SRO, that would , decision need remain. Would residing school or council
Recusal not correct issue.
Surprised others not face it.
Small town. Reduces pool elgiblity
Direct conflict, then every
We need to do our due diligence, once city attorney discovered it. City attorney, scruitity and lawsuit.
Still working on if we can impose another sfor the.
Need next meting,

City officials are considering adding a questionnaire that would ask candidates to provide information about their employment and employment of a significant other as well as business ownership. Candidates for municipal office must file with the Oklahoma County Election Board. Maisch was not sure how or when the city could present such a questionnaire to candidates.

 

MAISCH
Working with otusdie counsel to look at drafting some cqueisotn and issues to prevsent to AG.
As well as anytg to do for conflict of interest for the upcoming election.
ALSO charter provision, lagnurg to council and voters to charter change to resolve that.
Article 7, section 12,no officer deficed elected city council, clerk or treasurer.
No ofiver or employee shall be interested in directoely or indirectly. Sals mea by to or for the city. Further all such contact with city or should be void.an dshould be removal office.
Mean any direct or indeict contact, employee could be terminate, officer could be removed from office.
WHAT CHANGE charter? Dtfine directy or indirclty.
When stat looked at it, conflicting AG oponions, try to clarify that. Within the charter. At least city standpoint, city man. Can’t change state statutie. Clairy what that means.
One AG opinion that is broad, almost any kind of bendi would be indcirectio and could benefit these thing.
NEED TO BE ELECTION, requires approved council and vote by the citizens.
QUESTIONS FOR PERSON FILING.
Adding queiston
That’s filing period, in February, election, depends on who all files and run.
Questions, not need waint o
State 8-113
Officer or their spouse cannot work for a company where they have 25% or higher propriety ownershop that does business with the city.
Not know who contacts with city, who has minority ownership.
Ask some questions,
WHAT TYPE OF QUESTION?
Try keep gneric as possil, who employee, significant other, they wmpleoy, do you or them own any business. Ask generic as possible.
SCHOOL DISTRICT?
Know we have contract, safety reouse cofficers, th would call into question.
Ask question general info, that charter provision, or statute providion. Come into play. Get general information. We could ascertain into.
Going behind issue. That’s what part of issue. Not sure.
WHO DETERMIND INELLEGIBLE?
Not elegiblty, or inellegilbyt,
Larngue statute or charter, couldn’t . if win and contract no longer can exist. Not elgity, it’s matter can city still do business. It makes conrct void, ultity the cotnrct is void.
Aware which ones voided out.
WOULDN’T WANT BETTER ISSUE?
NOT AG office, like clarify? Yes, we not have clarity, nee dmore clarity.
WHAT NEED AG opinn. Not city directly, head agney or electied official. Nstate , make that request.
Interim, requested assistance. Reached out council outside. questions to answer want.
AG will not respond city charter. Would want snasere about the state issues.
QEUSTION THINKIGN OF RUNNING.
Commercial inteste, may be an issues. Obviously they can bring to the city. Current elected official. City manager office. Josh, research to see whether any issue.
Under current lelection process, they file county election board. They have all the forms fill out. The city dowens’t control process. We get all that from the election board.
Information who has filed to run. Not come here to city hall to file to run.
County generaic form, across county, they handle stuff they do baed on what do . this difent.
When would get the questions.?
Only one meeting before filing period. Only bdfore the
Filing period Dec. 4-6
Other dates need get to , need resolution filing period.
NEED SOMETHING TO CLARIFYI?
Resouton before now an then.
Looking at all of the issues.
WHEN THOSE AG AND CHARTER HAPPEN?
Something actively on my agenda, and something working outside counsel to concern.
Something actively working, we me and mouse in my pocket.