FAQ’s / Statutes and Attorney General Opinions

  • ACCO has compiled a group of statutes and Attorney General (AG) opinions that have been used over the years to answer questions asked of us. These questions and answers are provided as a resource for county officers but should not be construed as legal opinions. County commissioners and other county officers should consult with their District Attorney for legal counsel.

How and when can county commissioners enter onto private property?

Answer: 69 OS § 643.1

Can county commissioners establish a longevity pay program and who is eligible to receive this pay?

Answer: 19 OS § 18§0.84

Are newly elected county officials able to receive travel reimbursements for training?

Answer: 19 OS § 165

Are county leave policies limited in any way?

Answer: 19 OS § 1301

Details of the County Equalization Board

Answer: 68 OS § 2861

Can county commissioners give safety and/or incentive awards to county employees?

Answer: 19 OS § 339 A 10

Is the driver or owner of a vehicle who exceeds the posted weight limit on a county bridge liable for any damages done to the bridge?

Answer: 1982 OK AG 2

What is considered a "public road" under the jurisdiction of county commissioners?

Answer: 2003 OK AG 10

May public or private utility companies place their poles, conduits, pipelines, etc., within the rights-of-way of county roads?

Answer: 1981 OK AG 286

Can the board of county commissioners invoke a burn ban?

Answer: 2 OS § 16-26 B

What county is responsible for maintenance of county boundary roads and bridges?

Answer for bridges: 69 OS § 606

Answer for roads: 69 OS § 621 and 69 OS § 622

Can a county commissioner perform maintenance on a private road if it is part of a school bus route?

Answer: 69 OS § 601.5

What are the powers of a county commissioner and the board?

Answer: 19 OS § 339

Do county highway funds distributed to a county have to be shared equally by all three commissioners?

Does machinery and equipment purchased with county highway funds belong to the entire county or does it belong to individual commissioner districts?

Answer: 1995 OK AG 95

Can the sheriff and other county officers hire legal counsel?

Answer: 19 OS § 527 and 19 OS § 528

Are employees allowed time off to vote?

Answer: 26 OS § 7-101

Are there limitations on budget spending in the final year of a term if a county commissioner is not succeeding their self?

Answer: 19 OS § 347 C

Can the Board of County Commissioners limit traffic on county roads (gravel or black top) by placing restrictions on trucks that carry loads such as coal, gravel, etc., of weights legal on state highways?

Answer: 1978 OK AG 169

If state employees are required to work on a holiday, are they entitled to a day off work on an alternate date?

Answer: 25 OS § 82.1 D

Are there provisions on how and when an employee must use accrued compensatory time?

Answer: 74 OS § 840-2.15 B,C

Under the leave sharing program, what situations allow a state employee to donate annual or sick leave to a fellow state employee who has exhausted all types of paid leave?

Answer: 74 OS § 840-2.23

Is a board of county commissioners authorized to clear blockages from creeks/waterways located on private property for the purpose of public safety/flood mitigation, and if so, must the board obtain a waiver or easement from the landowners in order to enter onto their property to clear the blockages?

Answer: 2009 OK AG 20

Can a county purchase fuel from a co-op that a commissioner is a member of?

Answer: 62 OS § 371 E

What kinds of lights are required on county vehicles and machinery when doing emergency work or construction and/or maintenance of highways?

Answer: 47 OS § 12-229 C

Are employees of elected officials required to work an eight-hour day and are county officers required to maintain office hours of eight hours per workday?

Answer: 1983 OK AG 219

Is it necessary for a road to be on the official ODOT map before the county can maintain it? Is it legal for the county to work on a private road?

Answer: 1982 OK AG 236

Is a county employee prohibited from receiving raises, lateral transfers or promotions while a person related to that employee is an officer of the same county?
Answer: 1990 OK AG 25

What is defined as a workday for public employees and can there be an alternative work schedule?

Answer: 61 OS § 3 A,B

Are counties required to have an employee to coordinate all safety programs?

Answer: 40 OS § 403 E

Are county owned vehicles and machinery required to be marked?

Answer: 69 OS § 645

May a board of county commissioners and members of a county excise board fail to designate a mandated holiday and the days county offices will be closed?

Answer: 1984 OK AG 56

Can I assign county employees to a workweek of four ten-hour days?

Answer: 1987 OK AG 4

If a person is elected to be a county commissioner, must all relatives to that person who are currently employees of the county resign their positions or employments?

Answer: 1988 OK AG 45

When does a newly elected county commissioners term begin and when does it end?

Answer: 19 OS § 131 C

Are signs allowed to be put up in ODOT rights-of-way?

Answer: 69 OS § 1208

What is the authority and duties of county commissioners?

Answer: 69 OS § 601

Is reinstatement of health insurance coverage available to former state employees?

Answer: 74 OS § 840-2.271

What are the leave benefits for employees who are reinstated after a break in service?

Answer: 74 OS § 840-2.20

Are there set fines for illegal dumping on public property?

Answer: 21 OS § 1761.1

Who replaces a county commissioner or other elected official when there is a vacancy and what are the powers of that person?

Answer: 19 OS § 180.65, 51 OS § 10, 26 OS § 12-111, 1996 OK AG 15

If a county has a website, what information are they required to post on that website?

Answer: 74 OS § 3106.2, 74 OS § 3106.4

What are the weight limits of vehicles on county roads? Who is exempt from these weight limits?

Answer: 47 OS § 14-109

Can a county commissioner open a new road or close an existing road?

Answer: 69 OS § 646

What authority does the board of county commissioners have to fight wild fires and assist local fire departments?

Answer: 19 OS § 351, 19 OS § 351.1, 19 OS § 351.3

Can counties purchase off another counties bid?

Answer: 19 OS § 1501

Can a county employee do contract work for the county?

Answer: 69 OS § 630

Can a citizen or group of citizens donate money to the county highway fund for a specific purpose such as road or bridge maintenance or replacement?

Answer: 69 OS § 601 , 69 OS § 1503

Are counties allowed to provide paid leave to employees affected by a national disaster?

Answer: 19 OS § 180.90


Additional FAQ's can be found by visiting the OSU County Training Program website.

Oklahoma statutes and AG opinions can be found online at www.oscn.net

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