A Norman resident’s request for a permanent restraining order to prevent the city from swearing in Ward 3 Councilmember-elect Bree Montoya was denied Thursday by a district judge.
David Ballard, president of private investigation and personal security firm Valour Investigations and Protections LLC, filed for a restraining order against all seven members of the Norman City Council and Mayor Larry Heikkila.
A temporary restraining order was granted by District Judge Jeff Virgin on May 23, the same day Montoya was set to serve the remainder of former Ward 3 Councilmember Kelly Lynn’s term which ends in July. Ward 3 voters elected Montoya in February. The council received the order shortly before Tuesday’s meeting.
McClain County District Judge Leah Edwards ruled in April Lynn had vacated his seat on council after taking a judgeship in Wewoka, which violated Oklahoma’s law against holding dual office.
According to reporting by The Norman Transcript, a hearing for a permanent restraining order to prevent Montoya from an early inauguration ended with no such order being granted.
During the hearing, Ballard said to the court the city undermined his vote and his right to representation by removing Lynn and attempting to swear in Montoya, according to the Transcript.
Ballard donated money to Lynn’s 2021 campaign, according to city election finance records.
Assistant City Attorney Rick Knighton used the city’s time at the hearing to question if the defendants listed are those who Ballard believes took away his rights, or if this case amounts to Ballard not approving of Edwards’ April ruling. Ballard answered no to both questions, as reported by the Transcript.
According to the city’s written argument, Ballard’s case was an effort to go around Edwards’ ruling.
Lynn has appealed Edwards’ decision to the Oklahoma Supreme Court, though the case has yet to be heard. Edwards denied a motion of stay that would have allowed Lynn to remain on the council in May.
Court documents for Ballard’s case include a response and request for judicial criminal referral from Ward 1 Councilmember Austin Ball, where Ball states that members of the city attorney and city manager’s office along with city councilors conspired to influence the Ward 3 election.
Ball said a disagreement with Lynn’s political ideology fueled the dual office allegations. His statement included a sworn affidavit from Lynn, where he detailed interactions with City Manager Darrell Pyle and his claims about fraud in the Norman Fire Department.
Montoya commented on the current lack of representation for Ward 3 residents and provided outlets for concerns in the meantime.
“It's unfortunate that my constituents in Ward 3 have had no representation. However, their patience during this unusual time is admirable,” Montoya said. “If any of them have any concerns or issues, and if they're not already aware of the city's Action Center, they can contact the Action Center.”
The Norman City Action Center is an outlet that provides Norman residents with means to access information, voice concerns and report non-emergency issues regarding the city.
Montoya said she plans to let the court decisions unfold while she waits to take the oath of office, though she is unsure when that may happen.
“Hopefully as soon as the courts allow it,” Montoya said. “I will be ready and prepared to be sworn in whenever that happens.”
Mary Ann Livingood copy edited this story.
