School Laws of Oklahoma

Chapter 5 - Elections and Ethics
Article II: Qualifications and Vacancies

Section 724. Felony Conviction - School Board Members. (26 O.S. § 5-105a)

A. A person who has been convicted of a misdemeanor involving embezzlement or a felony under the laws of this state or of the United States or who has entered a plea of guilty or nolo contendere to such misdemeanor involving embezzlement or felony or who has been convicted of a crime in another state which would have been a misdemeanor involving embezzlement or a felony under the laws of this state or has entered a plea of guilty or nolo contendere to such crime shall not be eligible to be a candidate for or to be elected to any state, county, municipal, judicial or school office or any other elective office of any political subdivision of this state for a period of fifteen (15) years following completion of his sentence or during the pendency of an appeal of such conviction or plea.

B. The provisions of this section shall not be construed to preclude a person who has received a pardon from being eligible for or from holding public office.

Statute is constitutional and does not violate United States or Oklahoma constitution. June 6, 1988 (AG Op. No. 88-48)

In order for elected official to be permanently disqualified from public employment, he would have to be prosecuted criminally and convicted in Oklahoma state court. November 24, 1986 (AG Op. No. 86-29)

Statute disqualifies certain convicted criminals from being candidates for, or being elected to, public office after state or federal convictions, but does not prevent them from holding public employment. November 24, 1986. (AG Op. No. 86-29)

Section 725. Officer or Deputy Not to Hold Other Office. (51 O.S. § 6)

A. Except as may be otherwise provided, no person holding an office under the laws of the state and no deputy of any officer so holding any office shall, during the person's term of office, hold any other office or be the deputy of any officer holding any office, under the laws of the state. The provisions of this section shall not apply to:

1. Notaries public;

2. Members of the State Textbook Committee;

3. County free fair board members;

4. Municipal and county law enforcement officers serving in positions as law enforcement officers of both such governmental entities upon such terms and conditions as are mutually approved by resolutions adopted by the board of county commissioners and governing body of the municipality employing such officers;

5. Any person holding a county or municipal office or position, or membership on any public trust authority, who is a member of a board or commission that relates to federal, state, county or municipal government and is created by the United States Government, the State of Oklahoma or a political subdivision of the state, except where the duties of the offices or positions conflict;

6. Any elected municipal officers and school board members who are appointed to a state board, commission, or similar entity if there is no compensation for such services other than reimbursement for necessary travel expenses pursuant to the provisions of the State Travel Reimbursement Act;

7. Any trustee of a public trust, who is appointed as a trustee of a different public trust or any trustee of the Tulsa County Public Facilities Authority who may also be employed by the Department of Transportation;

8. Law enforcement officers employed by municipal or county law enforcement departments or agencies, other than those law enforcement officers elected or appointed as sheriff, chief of police or some similar position in which they are the head of a county or municipal law enforcement agency, who are elected to local boards of education; provided, the provisions of this paragraph shall not prohibit any law enforcement officer employed by a municipality having a population of ten thousand (10,000) or fewer people from serving as a member of a local board of education;

9. Any member of the Oklahoma Highway Patrol Division of the Department of Public Safety who is elected to a local board of education;

10. Any District Supervisor, Assistant District Supervisor, Team Supervisor, Parole Officer 1 or Parole Officer 2 of the Department of Corrections who is elected or appointed to a city council;

11. Any trustee or director of a rural electric cooperative, or port authority who is appointed or elected to a state, county or municipal board, commission or similar entity;

12. County employees who are elected as members of town or city councils;

13. Municipal, county, state or tribal law enforcement or peace officers operating under cross-deputization agreements with an Indian tribe or branch of the federal government;

14. Municipal or county law enforcement or peace officers serving in positions as campus police officers or campus public safety officers pursuant to the provisions of the Oklahoma Campus Security Act, upon such terms and conditions as are mutually approved by resolution adopted by the governing body of the municipality or county and the governing board of the institution of higher education;

15. State law enforcement or peace officers serving in positions as campus police officers or campus public safety officers pursuant to the provisions of the Oklahoma Campus Security Act, upon such terms and conditions as are mutually approved by written agreement between the Commissioner of Public Safety and the governing board of the institution of higher education;

16. Municipal and county law enforcement officers serving in positions as part-time rangers under the Oklahoma Tourism and Recreation Department;

17. The Administrator of a Scenic Rivers Commission serving in the position of a park ranger under the Oklahoma Tourism and Recreation Department;

18. Members of the University Hospitals Authority;

19. Any person holding a state office or position who is a reserve force deputy sheriff or a reserve municipal police officer;

20. Any person holding a state office or position who serves as a special assistant district attorney without compensation;

21. Any elected or appointed member of a local school board who is a member of a municipal planning commission;

22. Any elected or appointed member of a local school board who is a member or an officer of a volunteer fire department;

23. Directors or officers of a rural water district and chiefs of municipal fire departments or rural fire districts who are appointed or elected to an unsalaried office in a state, county, municipal, school, or technology center school board, commission, or similar entity, except where the duties of the office would create a conflict of interest;

24. Any person who is a dispatcher or confinement officer at a municipal or county jail who is a noncompensated reserve municipal police officer or a reserve deputy sheriff;

25. Any person who is an assistant district attorney serving as a municipal judge or prosecutor;

26. Any park ranger under the Oklahoma Tourism and Recreation Department who is elected or appointed to a local board of education or to a municipal board, commission or similar entity;

27. Members of the Oklahoma State University Medical Center Authority or the Oklahoma State University Medical Trust;

28. Any member of the state Legislature or any state officer who serves on the board of trustees of the Oklahoma School for the Visual and Performing Arts; and

29. Members of the Council on Judicial Complaints.

The provisions of this section shall not prohibit any person holding an office under the laws of the state or any deputy of any officer so holding any office from serving upon the board of Oklahoma Futures or upon the board of directors of the Oklahoma Center for the Advancement of Science and Technology. The provisions of this section shall not prohibit a member of the board of directors of the Oklahoma Center for the Advancement of Science and Technology from serving upon the board of Oklahoma Futures.

B. Any salaries, emoluments or benefits that would otherwise be paid by the agency or political subdivision to a loaned employee or officer shall instead be paid to the regular employer of such employee. The loaned employee shall in turn be paid regular salary and benefits the same as if continuing regular employment with the permanent employer.

Member of a municipal board of trustees may not serve on the board of adjustment because the positions may be in conflict. Town of Wellston v. Wallace, 2007 OK CIV APP 2, 152 P.3d 284

It does not constitute a violation of the prohibition against dual office holding for a person to hold a position as Secretary of Finance and Revenue on the Governor’s Cabinet and to be appointed to fill the unexpired term of the position of State Treasure, as a cabinet Secretary does not meet the definition of an office. August 30, 20005 (AG Op. No. 05-28)

Employee of a county or of a city or town within the county may not serve on the excise board for that county. Employees of other entities supported by ad valorem taxes, such as employees of a school district may serve on the county excise board. However, all members of the county excise board are prohibited from using their positions to further their own interests. April 5, 2001 (AG Op. No. 01-18)

This section does not prohibit an assistant district attorney from serving as a justice for a tribal court. July 23, 1999 (AG Op. No. 99-41)

Pursuant to the statutory provision regarding dual-office holding, an individual is prohibited from serving as both a chief of a municipal volunteer fire department and as a member of a school’s board of education. Both positions are “officers” for purposes of the dual-office holding statute. June 30, 1997 (AG Op. No. 97-55)

Because a member of a county planning commission is a public officer, 51 O.S. 1991, §6, restricts a school board member from simultaneously serving as a member of a county planning commission. May 22, 1992. (AG Inf. Op. No. 92-512)

Trustee of rural electric cooperative is not a public officer. Electric cooperatives are private corporations and not governmental entities. AG Op. No. 83-158 is withdrawn. January 17, 1990 (AG Op. No. 89-72)

Dual Office holding prohibitions are not violated where public official serves as presidential electors. October 4, 1988 (AG Op. No. 88-68)

Member of board of education cannot simultaneously serve on board of directors of a fire protection district. October 26, 1983 (AG Op. No. 83-220)

Person may serve as a secretary on staff of House of Representatives while holding office of member of a board of education. August 31, 1983 (AG Op. No. 83-177)

Not necessary for County Superintendent to resign in order to become candidate for Mayor, but if he is elected Mayor he cannot serve in both offices simultaneously. April 13, 1983 (AG Op. No. 83-60)

Member of board of education cannot simultaneously hold office of County Purchasing Agent. March 28, 1983 (AG Op. No. 83-49)

Member of board of education is disqualified from appointment to County Excise Board. February 15, 1979 (AG Op. No. 79-8)

Member of board of education may be employed as maintenance man of nonprofit rural water district or may serve as board member of rural electric co-op. December 20, 1978 (AG Op. No. 78-206)

Associate Director of Economic Development District Area Agency of Aging can serve on Vocational-Technical School Board. December 28, 1978 (AG Op. No. 78-112)

Member of volunteer fire department can serve as member of board of education. July 15, 1977 (AG Op. No. 77-188)

Superintendent, principal or teacher of school district comprising part of an area vocational-technical school district can legally serve as member of board of education of area district. July 5, 1977 (AG Op. No. 77-154)

School Laws of Oklahoma | Chapter 5 - Elections and Ethics | Article II: Qualifications and Vacancies | Return to Top of Page

Section 726. Officers of United States or Other States - Ineligibility to Hold Office Under Laws of This State. (Article 2, § 12, Oklahoma Constitution)

No member of Congress from this State, or person holding any office of trust or profit under the laws of any other State, or of the United States, shall hold any office of trust or profit under the laws of this State.

Article II, §12 does not prohibit an individual from being a school board member and a member of a governing body of an Indian tribe unless the tribal position is created pursuant to federal law. August 1, 2000 (AG Op. No. 00-39)

Member of U.S. Postal Service can serve on board of education. AG Op. April 29, 1976

Section 727. Officers - Vacancies in Office - Acts Causing Vacancy.

Every office shall become vacant on the happening of any one of the following events before the expiration of the term of such office:

First. The death of the incumbent or his resignation.

Second. His removal from office or failure to qualify as required by law.

Third. Whenever any final judgment shall be obtained against him for a breach of his official bond.

Fourth. Ceasing to be a resident of the State, county, township, city or town, or of any district thereof, in which the duties of his office are to be exercised or for which he may have been elected or appointed.

Fifth. Conviction in a state or federal court of competent jurisdiction of any felony or any offense involving a violation of his official oath; provided, that no conviction, as a cause of vacation of office, shall be deemed complete so long as an appeal may be pending, or until final judgment is rendered thereon.

Sixth. Upon entering of a plea of guilty or nolo contendere in a state or federal court of competent jurisdiction for any felony or any offense involving a violation of his official oath.

The fact by reason whereof the authority authorized to fill such vacancy arises shall be determined by the authority authorized to fill such vacancy. (51-8)

A member of an independent school district board of education who enters a guilty plea to a felony charge is automatically disqualified from holding that office upon the entering of the guilty plea. Under the provisions of 51 O.S. 2001, 8 it is the appointing authority who determines whether the facts giving rise to a vacancy in office have occurred. The independent school board, the authority authorized to fill such vacancy if it exists, must determine whether a vacancy has occurred. December 19, 2007 (AG Op. No. 07-43)

A school board has a duty to make a factual determination whether an office is vacant because a board member has a final conviction of a felony or an offense involving his or her official oath. If a board refuses to make such a determination, it can be forced to do so by a writ of mandamus. However, the board cannot declare vacant an ineligible incumbent member’s position without affording the member an opportunity for due process which includes, at a minimum, notice and an opportunity to be heard. July 16, 2001 (AG Op. No. 01-33)

The appointing authority determines whether facts give rise to a vacancy in office. When there is a dispute over the facts giving rise to the vacancy, the appointing authority must afford the office holder some type of minimal due process. March 27, 1997 (AG Op. No. 96-98)

Resignation of member of board of education of independent district should be submitted to and accepted by the Board. AG Op. May 5, 1961

Failure of member of board of education to attend meetings might constitute abandonment of office with resulting vacancy to be determined by board of education. AG Op. February 1, 1958

Fact of resignation of person from office of member of board of education of independent school district and that vacancy exists in office is determinable by remaining members of board and the board, as then constituted, is authorized to fill vacancy. Bowen v. Brock, 244 P.2d 546 (Okla. 1952)

Board member whose resignation has been accepted cannot continue to serve as board member. AG Op. May 17, 1951

Position of member of board of education of independent school district does not become vacant by reason of change of residence, unless board of education is satisfied there has been an actual change of permanent residence, and declares vacancy, but board cannot act arbitrarily in deciding the question. AG Op. February 11, 1941

Resignation may be withdrawn before its acceptance. AG Op. September 13, 1940

Change of residence is a question of fact, depending upon facts and circumstances of each particular case. AG Op. January 5, 1939

Temporary absence from school district with no intention of abandoning residence in district does not make board member ineligible to continue in office. AG Op. January 5, 1939