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HomeMy WebLinkAboutProposed Ballot Propositions 05/09/1991PROPOSED BALLOT PROPOSITIONS TO ENACT CHANGES TO THE CITY OF EULESS CHARTER AND COMMENTARY The following proposed ballot propositions have been drafted on the premise that changes in the Charter which affect changes in policy must each be stated in separate ballot propositions and thus put to the voters. Changes necessitated by state or federal statutory revisions or judicial interpretations must also be stated in separate ballot propositions on an Article -by -Article basis. Changes necessary to make the language of the Charter gender neutral can be' stated in one ballot proposition. The law provides that no one ballot proposition shall contain more than one subject. However, cases interpreting that statute conclude that mutually interdependent issues may be joined in a single proposition where all issues contained therein are approved or rejected together. RECONSTITUTION OF THE CITY COUNCIL We believe that the issue of enlarging the council should be joined with the issue of giving the mayor a vote on the council, because to do otherwise might result in an even number of votes on the council, and a possible deadlock, should one proposition succeed and another fail. We further believe that the issue of increasing from three to four the number of affirmative votes needed to enact an ordinance should be joined with the issues of enlarging the council and giving the mayor a vote because to do otherwise might result in changing the percentage of support needed to enact ordinances. We further believe that the issue of including the mayor in a quorum should be joined to the issue of giving the mayor a vote, because to do otherwise might result in a quorum of three council members and the mayor who would not be empowered to enact ordinances, even by unanimous vote. In that instance, the quorum would not be a real quorum. This Commission could recommend an increase from four to five in the number needed for a quorum, including the mayor, but it should still be linked to the issue of enlarging the council, because to do otherwise might result in a quorum requirement of 100% of the voting members. This Commission should consider increasing from four to five the number needed for a quorum, even if all above issues are joined, because otherwise the number needed to enact ordinances would be the same as that needed for a quorum, thus eliminating the reason for defining a quorum. We, therefore, recommend that Article II, Section 10 be amended to require five council members, or four members thereof and the mayor, to constitute a quorum. We further recommend that this Commission adopt a resolution endorsing the following ballot proposition: PROPOSED BALLOT PROPOSITIONS Page 1 Shall Article II of the City of Euless Charter be amended to reconstitute the city council to provide that it shall consist of six (6) council members and the mayor, that the mayor shall be a voting member of the council in all matters, that five (5) members of the council, or four (4) members thereof and the mayor, shall constitute a quorum, and that the affirmative votes of at least four (4) members of that quorum shall be needed to adopt any ordinance or resolution. Answer "Yes" or "No". Article IV, Section 6 provides that an ordinance adopted by ballot referendum may be repealed or amended after the expiration of two years by a four fifths (4/5) vote of the council. If the requirement remains at four fifths (4/5), and if the ballot proposition enlarging the city council passes, it will require a vote of six out of the seven voting members to achieve a majority of at least four fifths (4/5). If this Commission feels that the Charter should require only five out of the seven, or something less, then said change will have to be made by ballot proposition. LENGTHENING THE TERMS OF OFFICE OF THE CITY COUNCIL AND OF THE MAYOR We believe that the issue of lengthening the terms of office of the mayor and council members from two (2) to three (3) years must be stated in its own ballot proposition, because it is not mutually interdependent with the issues reconstituting the council. However, it should be joined in a single ballot proposition with the issues of whether to vacate and fill by general election in the year 1992 all positions, and again thereafter on a staggered year basis to be initiated after the election by the drawing of lots. We, therefore, recommend that this Commission adopt a resolution endorsing the following ballot proposition: Shall Article II of the City of Euless Charter be amended to provide that the terms of office of the mayor and council members shall be three (3) years and that all positions will be vacated and filled by general election in the year 1992 and again thereafter on a staggered year basis to be initiated after the election by the drawing of lots. Answer "Yes" or No". DISQUALIFICATION OF CONVICTED FELONS FROM ELECTIVE OFFICE This Commission has endorsed a revision of Article II, Section 2, disqualifying convicted felons from seeking or holding elective office in the City of Euless. The laws of the State of Texas reinstate the voting rights of convicted felons who have received a certificate of discharge by the Board of Pardons and Paroles or completed any period of probation order by a court, two (2) years after the date of the discharge or completion of probation. Once they regain their voting rights, there is no state law disqualification against their holding public office. Therefore, the proposed amendment to the Euless City Charter disqualifying all convicted felons PROPOSED BALLOT PROPOSITIONS Page 2 from holding public office constitutes a policy change which cannot be justified as merely bringing the Charter into conformance with state law. The following ballot proposition will, therefore, be necessary to enact this change in the Charter: Shall Article II of the City of Euless Charter be amended to disqualify any person finally convicted of a felony criminal offense from seeking election to or holding a place on the Euless City Council or to the office of Mayor of the City of Euless. Vote "Yes" or No". CERTAIN CONTRACTS NEED NOT BE SIGNED BY MAYOR This Commission has endorsed a change to Article II, Section 6, which will exempt certain city contracts from the requirement that they be signed by the mayor. Since this change is not required by state law, it will also require a separate ballot proposition as follows: Shall Article II of the City of Euless Charter be amended to authorize the Euless City Council to enact, by ordinance or resolution, exceptions to the requirement that contracts shall be signed by the Mayor of the City of Euless. Vote "Yes" or "No". ORDINANCES APPROVED BY FIVE (5) VOTES REQUIRE ONLY ONE (1) READING This Commission has endorsed a change to Article II, Section 11, to provide that ordinances approved by an affirmative vote of five (5) members of the city council need only be read in open meeting on one (1) occasion. The prior provision allowed for a single reading upon a vote of four (4) or more members of the city council, but said provision applied only to emergency measures for the public peace, health or safety. Since the new version will constitute a change in policy not required to bring the Charter in conformance with state law, the following ballot proposition will be needed to make the change in the Charter: Shall Article II of the City of Euless Charter be amended to permit the enactment of ordinances upon consideration and reading of the descriptive caption of such ordinance at a single open meeting of the council when initially approved by five (5) or more aye votes. Vote "Yes" or "No". It should be noted that if the ballot proposition to enlarge the city council failed, and if the ballot proposition to permit the enactment of ordinances upon a single reading when approved by five (5) or more affirmative votes succeeds, the Charter will then require a unanimous decision of the council to enact emergency ordinances, or any other kind of ordinances, upon a single reading. It should further be noted that the final sentence of Article II, Section 12, relating to publication of ordinances, refers back to Section 11, Emergency Procedures, and exempts PROPOSED BALLOT PROPOSITIONS Page 3 such measures from the requirement that an ordinance be published twice before it takes effect. If this Commission chooses to go forth with the ballot proposition authorizing the city council to enact ordinances upon a single reading, without restricting said provision to emergency measures, it will be necessary to amend Section 12 accordingly. Said amendment will likewise have to be stated in the ballot proposition. The above change also affects Article IV, Section 2, regarding the power of referendum. It reserves to the people the power to approve or reject at the polls any legislation enacted by the City Council, except ordinances enacted as emergency measures pursuant to Article II, Section 11, which this Commission proposes to alter. Again, if this Commission chooses to go forth with the amendment to Article II, Section 11, as stated above, which deletes the procedures for enacting emergency measures, then Article IV, Section 2 will need to be amended accordingly. The above change also affects Article XII, Section 6, regarding the regulation of public utility rates. The first sentence of that section was retained, with one change, and the remaining portion of the section was deleted. At the end of that first sentence is a provision that no ordinance regulating public utility rates shall be passed as an emergency measure. Again, if this Commission chooses to endorse an amendment to Article II, Section 11, as stated above, which deletes the procedures for enacting emergency measures, then Article XII, Section 6 will need to be amended accordingly. CHARTER LANGUAGE TO BE MADE GENDER NEUTRAL This Commission may, if it wishes, endorse changes in the entire Charter to make the language of the Charter gender neutral. As stated above, we believe this can be accomplished in a single ballot proposition as follows: Shall the City of Euless Charter be amended to conform the language of the Charter to the drafting guidelines of the Texas Legislative Council with respect to references to gender. Answer "Yes" or "No". CONFORM ENG CHARTER TO STATE OR FEDERAL LAW This Commission has endorsed changes to Articles I, II, III, IV, VI, VII, IX, XI, and XII of the City of Euless Charter to make various sections of said Articles conform to state law. Some of the changes were made as a result of statutory revisions which either outdate or supersede Charter provisions. Some of the changes were made as the result of judicial interpretations holding certain Charter provisions unconstitutional and, therefore, unenforceable. For instance, the provisions requiring that a candidate for public office be a property owner and not be in arrears on taxes or other debts to the city have both been held unconstitutional. We, therefore, recommend the following nine (9) ballot propositions, on an Article —by —Article basis, to enact the proposed changes to the Charter: Shall Article I of the City of Euless Charter be amended to conform the provisions thereof to state and federal law. Answer "Yes" or "No". PROPOSED BALLOT PROPOSITIONS Page 4 Shall Article II of the City of Euless Charter be amended to conform the provisions thereof to state and federal law. Answer "Yes" or "No". Shall Article 'III of the City of Euless Charter be amended to conform the provisions thereof to state and federal law. Answer "Yes" or "No". Shall Article IV of the City of Euless Charter be amended to conform the provisions thereof to state and federal law. Answer "Yes" or "No". Shall Article VI of the City of Euless Charter be amended to conform the provisions thereof to state and federal law. Answer "Yes" or "No". Shall Article VII of the City of Euless Charter be amended to conform the provisions thereof to state and federal law. Answer "Yes" or "No". Shall Article IX of the City of Euless Charter be amended to conform the provisions thereof to state and federal law. Answer "Yes" or "No". Shall Article XI of the City of Euless Charter be amended to conform the provisions thereof to state and federal law. Answer "Yes" or "No". Shall Article XII of the City of Euless Charter be amended to conform the provisions thereof to state and federal law. Answer "Yes" or "No". REMOVING A COUNCIL MEMBER FOR OFFICIAL MISCONDUCT ARTICLE XII, Section 4 At the last meeting of this Commission, the city attorney was asked to research the question of whether the city council has authority to remove one of its own members for official misconduct, and if so, what procedures are needed. We find no statutory restrictions or procedures set out under Texas law for removing a municipal official for official misconduct. There are, however, parallels in the Local Government Code dealing with removal of county officials. In that case, a county official accused of official misconduct is to receive a jury trial in a court of law. Upon conviction, the judge is to enter an order removing said official from office if the conviction is for a crime of official misconduct. We believe that a city official accused of official misconduct would be entitled to the same rights of due process as a county official and that any attempt of a city council to remove one of its own for PROPOSED BALLOT PROPOSITIONS Page 5 official misconduct would be subject to judicial review. Since a city official who commits acts of official misconduct described in this Charter provision is already subject to criminal prosecution, we suggest that a court of law would be an appropriate forum for removing a city official from office. Therefore, we see no reason to amend the provision at the end of this Charter section which provides that the city official convicted may forthwith be removed from office. TECHNICAL AND GRAMMATICAL CHANGES Finally, we recommend various technical and grammatical changes in the City of Euless Charter necessitated by other substantive changes and in order to make the language gender neutral. The suggested changes are so numerous that we decided that it was most practical to simply indicate them in red on the attached copy of the City of Euless Charter, where the previous changes adopted are already indicated. 0231a/dd/050991 PROPOSED BALLOT PROPOSITIONS Page 6 JAMES A. CRIB9S BOB McFARLAND PAUL F. WIENESKIE PAUL T. FRANCIS PAUL TOMME CRIERS & McFARLAND A PROFESSIONAL CORPORATION ATTORNEYS AT LAW OOO WEST ABRAM P. O. BOX 13060 ARLIN©TON, TEXAS 76094-0060 May 9, 1991 Mr. Jimmy C. Payton, Chairman Euless Charter Review Commission c/o Payton -Wright Ford Subaru 440 West Highway 114 Grapevine, TX 76051 D/FW METRO TEL: (1317) 461-200❑ TELECOPIER: (B17) 275-7St0 RE: Proposed Charter revisions to the Euless City Charter and proposed ballot propositions Dear Mr. Chairman and Commission Members: Enclosed are the ballot propositions which we propose be put to the voters to enact the changes adopted by this Commission, together with our commentary thereon. Included in the legal commentary is a copy of the Charter where technical and grammatical changes are suggested by indicating them in red ink. If this Commission adopts the various ballot propositions, including the ballot proposition to make the Charter gender neutral, then all these various changes may be contained in the ordinance ordering the Charter election and need not be stated in separate ballot propositions. Should any of you have any questions in your review of these proposed changes or the commentary, please advise. Very truly yours, JPT/dd/O248h enc.