Legal Opinion

City of Del City v. Fraternal Order of Police, Lodge No. 114

Supreme Court of Oklahoma

Decided December 21, 1993No. 73138PublishedCited by 29 opinions

1Opinion of the Court

SUMMERS, Justice:

At issue is the constitutionality of the “Evergreen” clause as it appears in the Oklahoma Fire and Police Arbitration Act, 11 O.S.1991 § 51-105. The contested statute by its terms would continue an existing collective bargaining agreement with a city beyond its stated date of expiration, and into the future “until a new agreement is reached.” The City of Del City challenges the Evergreen statute on the basis that it offends the Oklahoma Constitution, Article 10, Section 26, which prohibits municipal indebtedness from exceeding revenue provided for any year without assent of…

2Cases cited55 opinions

  1. Litchfield v. BallouSupreme Court of the United States · 1885
  2. Buchanan v. LitchfieldSupreme Court of the United States · 1880
  3. Doon Township v. CumminsSupreme Court of the United States · 1892
  4. Smart v. Board of County Com'rs of Craig CountySupreme Court of Oklahoma · 1917
  5. Oklahoma County v. Queen City Lodge No. 197, I. O. O. F.Supreme Court of Oklahoma · 1945

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3Cited by29 opinions

  1. Oklahoma City Urban Renewal Authority v. Medical Technology & Research AuthoritySupreme Court of Oklahoma · 2000
  2. INDEPENDENT SCHOOL DISTRICT 52 v. HOFMEISTERSupreme Court of Oklahoma · 2020
  3. State Ex Rel. Brown v. City of Warr AcresSupreme Court of Oklahoma · 1997
  4. Clay v. Independent School District No. 1 of Tulsa CountySupreme Court of Oklahoma · 1997
  5. Fraternal Order of Police No. 165 v. City of ChoctawSupreme Court of Oklahoma · 1997

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