Gore’s Board of Trustees voted to vacate the town’s Ward 5 trustee during their regular monthly meeting last Tuesday night after discovering Ward 5 Trustee Gideon Miller’s residence was not in town limits.
After the board approved a contract with Matthew Price with Hammons, Hamby and Price Law Firm as the town’s attorney, despite an abstained vote from Miller, the packed room of those in attendance listened as Matthew Price made a statement regarding Miller, and why Miller was no longer legally able to serve as a trustee.
Miller, who lives on Primrose Lane in Haven Heights, said last month that he was asked to resign following the board’s discovery.
In February 2023, Miller said he filed with the election board and announced his candidacy, and was elected to serve in the position after winning an April 2023 municipal election. He said many knew that he lived on the edge of town limits, so he and other town officials thoroughly looked into the matter before and after the election took place.
“Myself, Gore Mayor Robin Henry, Vice-mayor Larry Pack, and Town/Court Clerk Lisa Settlemyre, and many others did their due diligence in ensuring the legitimacy of my candidacy qualifications,” Miller said. “The election was certified, and no contests were filed within the statutory period allowed by law.”
Price said that after the question arose on whether or not Miller was still able to serve as a trustee if he did not live in town limits, he began an investigation into who determines that. He said that person is the county assessor.
“The county assessor is who determines that,” Price said. “They determine municipality boundaries and records, including rural and urban homesteads. They basically keep a county report card of every single property in and out of town. This tells the county assessor if that property is in or out of a municipality.”
Price said according to State Statute: §11-8101, “Qualifications for elected office: A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all council members or trustees from wards shall be actual residents of their respective wards.
“If an elected official ceases to be a resident of the municipality, he shall thereupon cease to be an elected official of that municipality. Laws 1977, .c 256, §8-101, ef. July 1, 1978.”
The town attorney also brought up a case from nearly a century ago, stating not much had changed.
“This all points out the qualifications of a trustee,” Price said. “That they should be actual residents of their wards. So what happens in the event that they are not? It says they cease to be government officials if they cease to be within the town. It doesn’t matter whether or not it happened before or after. They either never were in the first place or moved out of the town.”
Price told the board based on those opinions and a property card involving Miller, that Miller is on rural property.
“These determinations lead me to believe there is a need to call a vacancy in the office,” Price said. “The statute addresses it specifically. Basically, a person can be appointed by the council until the next election, and that is the basic procedure for this. So, in my legal opinion, Mr. Miller falls outside of town limits as determined by the county assessor, who determines who falls outside those boundaries or not. In my opinion, the council needs to recognize the vacancy for those reasons.”
Miller speaks
Miller then asked to say something since the topic evolved around him and his ward seat.
When Price told Miller they were going to swear him into office, Miller declined, saying he’d already taken an oath and was going to tell “nothing but the truth.”
“I took an oath and that hasn’t changed,” Miller said. “What Mr. Price stated about my residency is correct and I provided the documentation. Was it not known by the board when I announced my candidacy that my house was near the city boundary line? Many of us went down and investigated it in detail. We found that I was eligible and qualified to run.
“I have voted in past elections, I brought a picture of the map that was at the 911 office, and the election board showed that I voted in all elections. I understand the case being made showing now that I am not. The question I am asking the board is, are they taking responsibility for this alleged mistake.”
Price then questioned Miller about who he received that information from and Miller told him, “First, from the election board. They said I was a resident because I voted there. Then I met with David Slaughter at the 911 office and he said I was, too, after looking at a physical map, and presented a letter that he later revised, stating that I was not in town limits.”
“And who was that confirmed with?” Price asked.
“The Oklahoma Tax Commission,” Miller said. “But they don’t make the maps. Steve Oliver in Oklahoma City does. He does the best he can to read the old handwritten and legal descriptions from years ago. My house is attached to a 10 acre parcel, much of which is in city limits, but annexations have been lost and were not properly filed. I can prove the current map is not sufficient. It’s in error and can’t be used for legal purposes.”
Miller then asked the board, “Are you going to take responsibility for this decision?”
Price confirmed Miller’s address, then stated once again that the county assessor had determined that his address was outside the town limits of Gore, by accessing the map on file from July 2023.
When Price questioned Miller about personally looking at his property for other annexations, Miller told him he didn’t know he was supposed to.
“I was always informed I was inside town limits, I receive city patrol for all due purposes, and now I understand it shows that I am not,” he said. “But if I was never supposed to run in the first place, who is taking responsibility for this mistake?”
Town of Gore officials said they understood it was the election board, and that you have to clarify “to the best of your ability” that you are in city limits, and the responsibility should also be Miller’s.
Price piped back, “The election board is not the proper entity to go to, nor the 911 center.”
Settlemyre said she did not personally provide the map, but the previous owner of the property also showed it as rural property.
Miller then told those present that he was an elected official of Ward 5, and until he received proof from a higher authority, he would continue to serve.
“Provide me with a statement from a higher authority, like a judge or something like that, and I will leave the seat,” he said. “But until I leave the seat, I am an elected official and I will serve at my capacity. That ’s all I have to say.”
The board members then made a unanimous decision to recognize the vacancy of the Ward 5 seat with the exception of Miller, who abstained.
Several members from the community wanted to express their support for Miller during the public speaking portion, but only the first two were allowed to speak for three minutes each, based on the town meeting act.
Rennie Ohl and Wanda Wilson both showed their support for Miller. Ohl said he did his own research, stating government is made by the people for the people, and that Miller was an elected official. He said he felt like the government was overstepping boundaries and that he’d never see that in small town America, but “here we are.”
Wilson said she trusts Miller and believes he is a man of high integrity.
“I think he will do what is right and I personally want him as my councilman,” she said. “And I’m sure others feel the same way. Why has this come up at this time? Why is it that you are you doing it now? I will be very upset if one person wants this man out of there and it’s just the one person that does. I will be very upset if that’s what happens with this board.”
Several members of the audience shouted out, “This is ridiculous, you might want to let some people talk” and “how can we express our thoughts if only two people get to speak,” but police presence surrounded the meeting quarters, keeping things civil.
After closing out the town meeting, Miller stayed in his seat as the public works authority meeting began.
Gore Public Works Authority meeting After voting on a few items, Miller asked why he was being skipped over to vote on items.
“Your position is vacant,” Mayor Henry told him.
“Who decided that, you?” Miller asked.
“It was voted on,” Henry said.
“So you’re saying you voted me out?” Miller asked. “Because I’m sitting here as a board of trustee and you guys are treating me like I don’t exist.
“You are my peers, we are all trustees, you can’t just make me disappear. It doesn’t work like that. So if you are willing to restart the meeting, I am.”
Henry continued with the next agenda item, a contract negotiation involving the water treatment plant’s rehabilitation, explaining they were having to revisit the item due to Miller being an invalid trustee.
Miller said he was not invalid, “I was present and voted yes, and I still am.”
The board unanimously approved the line item for the design phase of the rehabilitation project with all board members voting yes.
