Bree Montoya to be sworn in, followed by budget adoption meeting

Jun. 13—The Norman City Council will tackle three meetings Tuesday as members move to seat a new member, adopt a budget, and discuss the future of the homeless shelter.

Members will meet at 2 p.m. in council chambers, 201 W. Gray St. to consider the fiscal 2024 budget. The first item of business, however, will be to swear in Ward 3 representative Bree Montoya.

Montoya, who defeated incumbent Kelly Lynn on Feb. 14, is scheduled to be seated about three weeks before her term officially begins next month.

That's because Lynn was removed from the dais in April by McClain County District Judge Leah Edwards, who ruled the councilor violated state law by accepting a position as a municipal judge in Wewoka.

Lynn's appeal to the Oklahoma Supreme Court has yet to be heard, but the seat remains unfilled and the unexpired term ends July 11.

The city's attempt to seat Montoya as early as May 23 was foiled after Lynn supporter David Ballard took legal action to block it.

Ballard claimed his constitutional rights had been violated because the person he voted for was not allowed to finish his duly elected term.

While Cleveland County District Judge Jeff Virgin issued a temporary restraining order to seat Montoya, he denied a permanent injunction to stop Montoya from being sworn in.

On June 5, the Oklahoma Supreme Court denied Lynn's emergency motion to stay Edwards' ruling until justices could hear his appeal, which hasn't happened.

Both Virgin's and the high court ruling closed a two-month long saga that left the ward temporarily unrepresented.

Mayor Larry Heikkila said he was relieved to see "the tumult" end.

"I am certainly pleased that Ward 3 will now have representation on council," Heikkila told The Transcript. "I am also happy that the tumult over the past months concerning the Ward 3 seat has ended.

"I am looking forward to serving alongside Ms. Montoya, and looking forward to adding her perspective to council's multi-themed vision."

Montoya said the "out of the ordinary" process has been a learning experience.

"I have found the past few weeks to be enjoyable, it has been good practice to prepare for city council meetings," Montoya told The Transcript. "During this out-of-the-ordinary transition and further preparation to serve, as I had any follow-up questions or needed clarification on various items, city staff and department heads have been helpful throughout this transition.

"I have continued to either attend city council meetings or watched online, including various city council committee meetings."

The budget will be the second item on the 2 p.m. meeting agenda. While historically the council has adopted its annul budget during a regular meeting, which begins at 6:30, former Mayor Breea Clark adopted an earlier meeting for the budget.

City Manager Darrel Pyle said the mayor and council have continued the precedent to make sure the city has plenty of time to adopt the budget, this year before June 15.

"An earlier start ensures plenty of time to address Council concerns while reducing the probability of needing to postpone to a later date if we run long," Pyle said.

An annual budget must be adopted by the council seven days before the start of the fiscal year, which begins on July 1, according to state law and the City Charter.

Regular business

Following conclusion of the Tuesday budget meeting, the council will reconvene for a 5:00 p.m. study session and 6:30 p.m. regular meeting.

The council will discuss an ordinance to regulate unsolicited print materials and discuss continuing the city's emergency homeless shelter contract for another 90 days.

Staff and previous councils have attempted for more than 10 years to solve the issue of unwanted print publications, city records show.

Staff have said in meetings over the last two years that the publications can be a nuisance when left to find its way to storm drains, but city legal has said an ordinance would have to steer clear of free speech rights.

The proposed ordinance would require those publications to be left on a porch "nearest to the front door," between an unlocked exterior and interior door, attached to the door, or in a mail slot or designated box.

Violators could be fined between $50 to $750, the staff report read.

Mindy Wood covers City Hall news and notable lawsuits for The Transcript. Reach her at mwood@normantranscript.com or 405-416-4420.