 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
City of Enid7/5/2005
s constitutional argument is that defining municipal employers to include only municipalities with populations greater than 35,000 creates a class of municipal employers and municipal employees that has no reasonable relation to the subject of the Act contrary to the Okla. Const., art. 5, § 59 and makes the Act a special law contrary to the Okla. Const., art. 5, § 46. The City also argues that the Act is unconstitutional under Okla. Const., art. 18, § 3(a) and the home-rule doctrine. The City urges that the Act in its entirety be declared unconstitutional and void and the permanent injunction be affirmed.
PERB argues that the 35,000-population restriction creates a class of similarly-situated, larger municipalities across the state which bears a reasonable relationship to the subject of the Act and that the Act is general in nature because it applies statewide to all municipalities in the class consistent with the Okla. Const., art. 5, §§ 46 and 59. Union also argues the Act reasonably classifies larger cities across the state that share similar circumstances of complex, multi-tiered organizations and the classification is rationally related to the purpose of the Act to promote orderly relations between municipal employers and their employees who are further removed from city management in larger cities and thus have a greater need to speak collectively to city management about the workplace. They urge that in the event the 35,000-population restriction is declared unconstitutional, the void provision be severed and the remainder of the Act be upheld.
IV. Oklahoma Constitution, art. 5, § 46
Every statute is presumed to be constitutional, Reynolds v. Porter, 1988 OK 88, , 760 P.2d 816, 819, and we approach a constitutional attack on a statute with great caution and grave responsibility. Way v. Grand Lake Ass'n, Inc., 1981 OK 70, , 635 P.2d 1010, 1017. In considering the constitutional arguments presented, we are guided by the following general principles. The Legislature is sovereign and the legislative power has no limitations except by specific declarations in the state and federal constitutions. Id. Constitutional restrictions on the Legislature will be strictly construed. Id. The law presumes that the Legislature carefully observed the requirements of the constitutions in enacting the statutes. Id. A statute will be upheld against a constitutional attack unless it is clearly and overtly inconsistent with the constitutions. Id.
The Oklahoma Constitution, art. 5, § 46, provides in pertinent part:
The Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law authorizing:
Regulating the affairs of counties, cities, towns, wards, or school districts; . . . .
(Bold added.)
This constitutional provision is designed to prevent legislators from interfering with local management by passing laws that single out some localities but leave others unaffected by the law. Bradford v. Cole, 1923 OK 571, , 217 P. 470, 471-472. Section 46 specifically prohibits the Legislature from enacting special laws dealing with twenty-eight subject areas. Reynolds v. Porter, 1988 OK 88, , 760 P.2d 816, 822. One of those twenty-eight subject areas is "regulating the affairs . . . of cities" within which the Act squarely falls.
This Court has determined that the phrase "regulating the affairs" as used in art. 5, § 46 refers to any law that touches upon matters of the political subdivision and affect the people of the political subdivision. Bradford v. Cole, at -6, 217 P. at 471. The Legislature has defined "city" to mean "a municipality which has incorporated as a city
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Oklahoma Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|