The Oklahoma Bar Journal October 2026

G overnment & A dministrative L aw P ractice

Charter Authority By Gunner Briscoe

T HERE ARE TWO CATEGORIES OF MUNICIPALITIES: those governed by statute and those governed by special charters. 1 A “charter municipality” is defined as “any munic ipality which has adopted a charter in accordance with the provisions of the Constitution and laws of Oklahoma and at the time of adoption of the charter had a population of two thousand (2,000) or more.” 2 In contrast, a statutory city is one governed by Oklahoma Municipal Code. 3 Charter municipalities are vested with considerable degree of autonomy: “[w]ithin the limitations prescribed by the Constitution, it was clearly the intent of the framers…to delegate local self-government to cities under a charter form of government in a larger measure and to a greater extent than is accorded cities existing under general law.” 4

While most may intuitively say state law always supersedes municipal law, that is not always the case. The Oklahoma Constitution provides that a duly ratified munic ipal charter, upon gubernatorial approval, shall “become the organic law of such city.” 5 The Legislature, in enacting this constitutional provision, has provided that “[w]henever a charter is in conflict with any law relating to municipal ities in force at the time of the adop tion and approval of the charter, the provisions of the charter shall prevail and shall operate as a repeal or suspension of the state law or laws to the extent of any conflict.” 6 By approving the municipality’s charter, “the state has surrendered a portion of its authority by giving home-rule cities sovereignty over their ‘municipal affairs’.” 7 This preemption applies only when there is a conflict between provisions of

charter and state law and conflicts are not idly found. A court will not find a conflict between a properly enacted municipal charter and a state law unless “each contains ‘express or implied conditions which are inconsistent and irreconcilable… if either is silent where the other speaks there can be no conflict.” 8 In explaining the preemptive power of municipal charters, the Oklahoma Supreme Court has anal ogized a municipal charter with a constitution. 9 As an analog to a con stitution, it “supersedes the laws of the state regarding ‘merely munic ipal affairs’.” 10 This line between “general matters of the state and its government” and “merely municipal affairs” “is the judicially accepted boundary between the domain in which the legislature is supreme and that in which the cities may insist upon independence.” 11 “The determinative question is

whether the issue involves a matter that is purely municipal, or whether there is a wider public interest.” 12 The clearest place where charter provisions will preempt is pertain ing to conflicts between statute and charter relating to governing of the municipality. 13 Indeed, the Court of Civil Appeals went so far as to say such conflicts are the only conflicts that will result in charter preemption. 14 These are “procedural aspects of governing and to the form of governing” not relating to “substantive rights, duties and liabilities which the citizens of the state hold in com mon.” 15 Nevertheless, the reach of charter preemption can be broad examples including: competitive bidding requirements; 16 street improvement districts; 17 dual office holding prohibition; 18 removal of a municipal judge; 19 widening of a state highway within city limits; 20

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL