[Previous] [Next]
§51-24.1.
§51-24.1.
A. Any elected or appointed state or county officer or employee who,
during the term for which he or she was elected or appointed, is, or
has been, found guilty by a trial court of a felony in a state or
federal court of competent jurisdiction shall be automatically
suspended from said office or employment. The Governor shall appoint
an interim successor to serve during the period of suspension of any
county commissioner or any state officer other than a member of the
State Legislature. A vacancy created by the suspension of a member of
the State Legislature shall be filled as provided in Section 20 of
Article V of the Oklahoma Constitution. A vacancy created by the
suspension of a county officer other than a county commissioner shall
be filled as provided by Section 10 of this title. In the event any
elected or appointed state or county officer or employee who, during
the term for which he or she was elected or appointed, pleads guilty
or nolo contendere to a felony or any offense involving a violation of
his or her official oath in a state or federal court of competent
jurisdiction, he or she shall, immediately upon the entry of said
plea, forfeit said office or employment. Any such officer or employee
upon final conviction of, or pleading guilty or nolo contendere to, a
felony in a state or federal court of competent jurisdiction shall
vacate such office or employment and if such felony or other offense
violates his or her oath of office shall forfeit all benefits of said
office or employment, including, but not limited to, retirement
benefits provided by law, however, the forfeiture of retirement
benefits shall not occur if any such officer or employee received a
deferred sentence, but retirement benefits shall not commence prior to
completion of the deferred sentence; provided, however, that such
forfeiture of retirement benefits shall not include such officer's or
employee's contributions to the retirement system or retirement
benefits that are vested on the effective date of this act. Any claims
for payment of salary or wages, or any claims for payment of any other
benefits, to any such officer or employee suspended from or forfeiting
his or her office or employment shall be rejected by the proper
authority. Such suspension or forfeiture shall continue until such
time as said conviction or guilty plea is reversed by the highest
appellate court to which said officer or employee may appeal. The
attorney responsible for prosecuting such elected or appointed state
or county officers or employees shall notify the retirement system in
which such officer or employee is enrolled of the forfeiture of such
officer's or employee's retirement benefits.
B. Within three (3) days of the conviction or plea of guilty or nolo
contendere of a county commissioner, the district attorney of the
county where such county commissioner served shall notify the
Governor, in writing, of the suspension, the date of conviction or
plea of guilty or nolo contendere resulting in suspension, and the
felony committed.
C. Within three (3) days of the conviction or plea of guilty or nolo
contendere of an elected or appointed state officer, the attorney
responsible for prosecuting such state officer, shall notify the
Governor in writing of the suspension, the date of conviction or plea
of guilty or nolo contendere resulting in suspension, and the felony
committed.
[Previous] [Next]