San Angelo's City Council held a special meeting on February 11, 2013 to discuss the need to hold a special election to fill Fredd Adams seat. The minutes state:
Mayor New stated the resignation of former Councilmember Adams on January 18, 2013 allowed the remaining City Council member to appoint another member by February 18, 2013. During the appointment discussion, the Council’s direction was to appoint an individual not running for the office, thereby not endorsing their candidacy in the upcoming election. Also, the Council considered the Charter language stating if an appointment was not made within the thirty days, then a special election would be held within ninety days following the creation of the vacancy. The Council further consulted with the City Attorney and has since been advised the state statute does not require the City to hold a special election other than a uniform election date. Therefore, Mayor New suggested proceeding with the uniform election date and citizens interested in pursuing the Single Member District 4 seat may apply to run for the office of that district.
By not acting, in appointment or motion, City Council violated its Charter requirement, using state law as an excuse.
SECTION 14. VACANCIES: Where a vacancy in any elective office shall occur, except a vacancy created as a result of conditions contained in Section 13, the vacant office shall be filled by a unanimous vote of the remaining Mayor and/or City Council members for the unexpired term. In the event that a unanimous vote cannot be obtained within 30 days from the date of the vacancy, the vacant office shall be filled by a special election for the remainder of the unexpired term in the same manner as provided in this charter for the regular election of such offices. Such election shall be held on a Saturday within 90 days following the creation of the vacancy; provided however, that where a vacancy occurs within 90 days of the normal expiration date of the office, no special election to fill the vacancy shall be called unless more than two vacancies occur. (Amended 4/29/72)The Charter later states:
SECTION 23. RATIFICATION OF ORDINANCES: All ordinances and resolutions in force at the time of taking effect of this charter not inconsistent with its provisions, shall continue in force until amended or repealed.Council did not amend or repeal the special election requirement on February 11. It chose to ignore it.
This special City Council meeting did not make a press release, nor was it posted on the City's Slideshare page. It wasn't for lack of effort I didn't find it.
5 comments:
Situation on this election is very similar to the situation when New became mayor. City charter requirements can't conflict with state law or the state constitution. New actually understated the requirements in state law which state that elections, special or otherwise, can only be held on uniform election dates except under very special circumstances. It's not that the city wasn't required to hold a special election within 90 days. It's not even allowed to hold a special election unless it's on a uniform election date.
http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.41.htm#41.001
We went through this all the way up to the Secretary of State and Attorney General during the special election for the Mayor. Without special approval, no special election for a city vacancy.
During the last charter review, we cleaned up several areas that conflicted with state law. Simple truth is in a conflict, state statute wins.
When our charter was written, there were no restrictions on holding city elections. Then it was reduced to 4 election dates, then the 2 we have now. Lots of history on how election dates and locations were manipulated in the past to get a "favorable" result but no time to go into that now. Bottom line is that the only choice the city council had was to appoint or not. SMD-4 was going to be on the May ballot anyway and that would have been the next allowable special election date so no special election needed or allowed.
There are still some cleanups needed on the city charter, especially dealing with elections, initiative and referendum. The last charter review stopped where it did because of the number of amendments we were putting before the voter. It's been long enough that it's time for another review and cleanup.
Alan, if you're interested in watching the meeting, it's available for viewing daily at 1:40 p.m. and 10:10 p.m. on SATV, Suddenlink cable Channel 17. To date, it has aired 16 times on the channel. The meeting is also available for viewing anytime at http://www.youtube.com/CityofSanAngeloTx.
As you know, the Public Information Office does not typically issue press releases after Council meetings, particularly if no action is taken. No information was uploaded to Slideshare because there were no presentations or background memos related to the lone item on the agenda.
Alan, if you're interested in viewing the meeting, you can do so daily at 1:40 p.m. and 10:10 p.m. on SATV, Suddenlink cable channel 17. It's also available anytime at http://www.youtube.com/CityofSanAngeloTx.
As you know, the Public Information Office does not typically issue press releases following Council meetings, particularly if no action is taken. There were no PowerPoint presentations or background memos uploaded to Slideshare because none were produced related to the lone item on the agenda.
Thanks, Jim. I'm surprised something so in-congruent with state election law remains in our City Charter.
The only way to remove or change something in our city charter is by a charter amendment election. Can't be changed any other way. The election sections need to be addressed next review.
When dealing with the city charter it's important to remember that it's always subordinate to The Constitution, Texas Constitution, and Texas statutes.
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