At the Ballinger city council meeting on August 5th, the council voted to proceed with the process of continuing to explore and update changes to the city charter. The propositions will be voted on in November. All of those who voted in favor of continuing the process were councilwoman Kristi Goetz along with councilmen Jason Gore, Rick Morrish and Bob McDaniel. Mayor Sam Mallory voted to not proceed but the resolution was passed 4-1. Mallory had suggested having a special election in May 2020 but a special election would cost the city $8,000. Gore said holding a special election wouldn’t make sense, “The city is just now getting on its feet fiscally. Previous city councils and city managers spent money like crazy and now we’ve got a good city manager and we’ve been making progress. We have 2 CDs and we’re trimming the fat. Why would we want to spend $8,000 for a special election in May when we can just do it in November? Every proposition will be voted on by the citizens so it makes sense to do it in November. Waiting until May wouldn’t serve any purpose.”

 Each proposition will be covered in the newspaper with special attention given in the next editions to some of the more detailed propositions that would seemingly have the biggest effect on the daily operations of the city. 

Explanation of Proposition No. 10:

This proposition would clarify the prohibition against Council interference with the appointment and removal of City employees under the City Manager and would strengthen the Council-Manager form of government being adopted by the City. 

Proposition No. 10:

Shall the City of Ballinger amend Article 3 by adding a Section 3.12 to the City Charter of the City of Ballinger to clarify the prohibition against interference with the appointment and removal of City employees under the control and supervision of the City Manager?

The proposed revisions to the Charter are as follows:

Section 3.12  Council not to interfere in appointments or removals. Members of the city council shall not in any way dictate the appointment or removal of the City administrative officers or employees whom the city administrator or any of the city administrator’s subordinates are empowered to appoint under this charter.  The city council, at a meeting called for that purpose, may express its views and fully and freely discuss with the city administrator anything pertaining to appointment and removal of such officers and employees.  The appointment of department heads by the city administrator, however, shall be subject to confirmation and approval by the council. Explanation of Proposition No. 11:

This proposition would clarify that the City Council is not to direct employees under the control and supervision of the City Manager, except for limited situations.   

Proposition No. 11:

Shall the City of Ballinger amend Article 3 by adding a Section 3.13 to the City Charter of the City of Ballinger to clarify the prohibition that the City Council is not to direct employees under the control and supervision of the City Manager?

The proposed revisions to the Charter are as follows:

Section 3.13   Council not to direct officers and employees.   Except for the purpose of inquiries and investigations as provided by this charter, the city council shall deal with city officers and employees who are subject to the direction and supervision of the city administrator solely through the city administrator.  The city council shall not give orders to any such officer or employee either publicly or privately except as otherwise provided in this charter or in the absence of the city administrator.   Explanation of Proposition No. 12:

The current City Charter requires that a person who desires to run for City Council must complete a form as provided in the City Charter not more than 90 days or fewer than 30 days.  This proposition deletes that form, replaces it with a form that is approved by the Secretary of State and requires that the form be filed in accordance with the timelines and requirements of the Texas Election Code.

Proposition No. 12:

Shall the City of Ballinger amend Article 4, “Nominations and Elections”, Section 4.01(a) of the City Charter of the City of Ballinger to provide that any person who meets the qualifications for mayor or city council member as stated in the Charter may have their name on the ballot if they file with the city secretary an application on a form approved by the Secretary of State in accordance with the timelines and requirements of the Texas Election Code?

The proposed revisions to the Charter are as follows:

Section 4.01.       Nominations and filing for office.

(a)          Any qualified person who shall meet the qualifications for mayor or city council member as stated in the charter may have theirhis name placed on the ballot as a candidate for mayor or for city council members numberscommissioner one, two, three or four by filing with the city secretary an application on a form approved by the Secretary of State in accordance with the timelines and requirements of the Texas Election Codenot more than ninety nor fewer than thirty days prior to the date of election an application in substantially the following form:

I,                                 , do hereby declare that I am a candidate for the office of        , of the City of Ballinger and request that my name be printed upon the official ballot for that office in the next general city election. I am qualified to serve as such officer with respect to the qualifications set forth in the charter. I reside in the City of Ballinger, Texas.

 (Signed)

The  foregoing  petition  was  filed  with  the  city  secretary  on  the             day  of

                      , 20     .

City Secretary.

                           Explanation of Proposition No. 13:

This proposition deletes the ability of a person to be nominated for a position on the City Council, instead of filing an application.  It is the City’s understanding that this method has never been used, nor should it be.  If a person wants to run for Council they should do so by filing a required application in accordance with State law. 

Proposition No. 13:

Shall the City of Ballinger amend Article 4, “Nominations and Elections”, Sections 4.01(b), (c) and (d) of the City Charter of the City of Ballinger to delete the alternative method of obtaining a place on the ballot by nomination.

The proposed revisions to the Charter are as follows:

(a)       As an alternative method, any qualified person may be nominated for mayor or for commissioner one, two, three or four by a written petition signed by twenty-five qualified voters of the City of Ballinger, provided the candidate signs the petition, certifying his acceptance. One such petition shall be circulated and signed for each nominee or candidate, but such petition may

*     State law references – Applicability of Election Code, V.T.C.A., Election Code, sec. 1.002; authority to order election by political subdivision, V.T.C.A., Election Code, sec. 3.004.

be in multiple copies or counterparts. When such petition is filed in multiple copies or counterparts, the same shall be construed as one petition. The circulator of each counterpart shall sign same as herein provided. With each signature the signer shall state his place of residence, giving the street and number or other description sufficient to identify it. Nominating petitions shall be filed with the city secretary not more than ninety nor fewer than thirty days before the election day, and shall be in substantially the following form:

We, the undersigned electors of the City of Ballinger, hereby nominate,                            , whose residence is in the City of Ballinger, as a candidate for                                               of the City of Ballinger, and request that his name be printed upon the official ballot for that office in the next general city election; and we individually certify that we are qualified to vote for a candidate for such office.

 

Name                                    Address                             Date of Signing

(Spaces for twenty-five or more signatures)

Acceptance of Nomination

I  am  qualified  to  serve  in  such  office  of  the  City  of  Ballinger  with  respect  to  the qualifications set forth in the charter.

I hereby accept the nomination for such office and agree to serve if elected.

(Signature of Candidate)

Statement of Circulator

The undersigned is the circulator of the foregoing petition containing signatures. Each signature was appended thereto in my presence and is the genuine signature of the person whose name it purports to be.

(Signature of Circulator)

The  foregoing  petition  was  filed  with  the  city  secretary  on  the             day  of

                      , 20     . 

(City Secretary)

 

(b)       The city secretary shall immediately examine each such petition and notify the candidate and the person, or persons, who filed the petition, or multiple copies or counterparts of petitions, whether it is signed by the required number of qualified voters. If such a petition is found insufficient, the city secretary shall return it, or the multiple copies or counterparts, immediately to the person, or persons, who filed same with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions a new petition or amended petition may be filed for the same candidate. The petition of each candidate nominated to be mayor, or to be

commissioner one, two, three or four shall be preserved by the city secretary until the expiration of the term of office for which he has been nominated.

(c)       In computing the said ninety days, the date of the election shall not be counted; and in computing the said thirty days, the date of filing and the date of the election shall not be counted.