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E city attorney is requesting a judge to freeze a former…

E city attorney is...

E city attorney is requesting a judge to freeze a former employees portion of retirement contribution in civil court. Can this happen

Lawyer's Assistant: What state are the employees in? It matters because laws vary by location.

Oklahoma

Lawyer's Assistant: What steps have the employees taken so far?

Requested verbally and in writing. The city council agreed to pursue civil charges about distributing permits and collecting fees. The DA refused to prosecute as there was no evidence, so the city is now pursuing civil litigation

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that’s it

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Answered in 1 minute by:
3/28/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
Ok

Thanks for your patience. Can you tell me the underlying reason the city attorney made this request?

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Customer reply replied 4 months ago
I believe the city manager has insisted on this, the person was a secretary who handed permits to the contractors after they had been approved. I believe $60 came up missing.. it was eventually proven that another employee took the funds. The week before the person presently allegedly distributed permits, she was told to go to the police station as the detective wanted no talk to her. OS statute 11 1 110 clearly states employees contribution retirement cannot be held. Last nite at council meeting it was announced that city attorney was asking for a court order to freeze her portion of ret funds. She was a vested employee
Customer reply replied 4 months ago
The OK statute I mentioned is for federal charges and conviction. I don’t know if same applies for civil actions

I'm sorry to hear about that. So, I think that although the employee may not have been brought up on federal charges, courts look to federal law all of the time in making decisions. This means that the employee can and should file an opposition that cites this particular statute and have the court apply it to OK law to help preserve this persons funds. Have they filed something already?

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Customer reply replied 4 months ago
The referenced 25 O.S. 307B(4
Customer reply replied 4 months ago
No charges have been filed as of last night. City attorney said he was asking a judge to freeze the funds. That’s a quote

I see. My recommendation is to file an opposition to this motion ASAP. You should site the statutes and beg the court to apply it to this situation. You could suggest that because of the extremely small amount of money missing the harm to the accused will probably far exceed what they are actually being accused of and that's not in the interests of justice.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 4 months ago
You’ve been very helpful. I wondered if it could be mentioned about the money. Thank you so very much

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