Eagle Pass City Council Seeks Six Amendments to City Charter in May 6, 2018 Special Election
By: Miguel Munoz, Eagle Pass Business Journal, Inc., Copyright 2018
The City of Eagle Pass, Texas City Council approved the second reading of an Ordinance calling for a special election to be held on May 6, 2018 for the approval or disapproval of six new proposed Amendments to the City Charter at their regular meeting held on Tuesday, February 6, 2018, needing only one more approval for the the third and final reading of the Ordinance to legally call the May 6, 2018 City Charter Amendments Special Election.
The founding fathers of Eagle Pass and its citizens adopted the City Charter of the City of Eagle Pass, Texas at a special election held on January 30, 1964, establishing a Council-Manager form of government. According to Section 1.1 of the Eagle Pass City Charter, “all powers of the City shall be vested in an elective Council, hereinafter referred to as the City Council, which shall enact local legislation, adopt budgets, determine policies and appoint the City Manager, who in turn shall be held responsible to the City Council for the execution of the laws and the administration of the government of the City.” The main purpose of the Council-Manager form of government is for the City Council to focus on approving legislation (Ordinances), setting policies, and approve the annual budget of the City while allowing the City Manager to executed and implement the policies approved by the City Council and to manage the day-to-day affairs of the City, including the hiring of the City Secretary and Department Heads without City Council interference.
The Eagle Pass City Charter may be amended from time to time as necessary by the registered voters of the City of Eagle Pass at a special election. The Eagle Pass City Council now seek to amend six Eagle Pass City Charter Sections at a special election proposed to be held on Saturday, May 6, 2018.
The six proposed Amendments to the current Eagle Pass City Charter by City Council include the following changes:
1. Proposition “A”-Shall Section 3-1 of the City Charter be amended to change the election and term of the Mayor and City Council Members by electing the Mayor and two City Council members from the City at large and electing two Council members from numbered districts?
Proposition “A” seeks to change the current election of the Mayor and the four City Council members by at-large election to a new format where only the Mayor and two of the four City Council members be elected at-large while two other Council members will be elected by a smaller group of voters divided into two districts, for example, a north side district and a south side district in order to allegedly have greater representation of all citizens within the City of Eagle Pass. Normally, these type of single member district election systems are used in large metropolitan cities or where there is discrimination within the community that certain members of a minority community cannot get elected in an at-large system. Neither of these conditions exist in Eagle Pass. While Proposition “A” is well-intentioned, it is not necessary and may possibly not work in Eagle Pass in light of another City Council Amendment Proposition “E” that seeks to charge a $600 Candidate Registration Fee when it is currently free to anyone to register to run for City Council, limiting persons from registering as Candidates due to lack of financial resources.
2. Proposition “B”-Shall Section 3-4 of the City Charter be amended to establish an annual salary as compensation for the Mayor and City Council?
Proposition “B” seeks to establish a salary to be paid to the Mayor and each City Council member while currently they are compensated $10 per month. If approved, the City Council will determine the annual salary of the Mayor and City Council members by Ordinance and be made part of the City of Eagle Pass’ annual fiscal budget.
According to Mayor Ramsey English Cantu and City Council members, they spend considerable amount of time and effort serving on the City Council and the $10 per month compensation is insufficient pay for the large investment of time and money required to serve on the City Council. Proposition “B” nor the Eagle Pass City Council informs the citizens of Eagle Pass exactly how much money they want as an annual salary to serve as Mayor and City Council member-almost like asking taxpayers to approve a blank check. Taxpayers deserve to know how much of an annual salary is to be paid to the Mayor and City Council members, but Proposition “B” fails to do so.
In addition, the City Charter states that the City Council will grow to six members and the Mayor from its current four members and the Mayor when the City of Eagle Pass population grows to 30,000 according to the federal census, which could possibly be in 2020. When Eagle Pass grows to 30,000 or more in population, two new City Council positions will be added to increasing it to six Council members and the Mayor, adding two more annual salaries.
3. Proposition “C”-Shall Section 7-3 of the City Charter be amended to provide for appointment and evaluation of a City Secretary by the City Council?
Proposition “C” seeks to change the current appointment of the City Secretary by the City Manager to that of by the Mayor and City Council. Proposition “C” would add another City management position to be selected by the City Council, the City Secretary, chipping away authority and power from the City Manager and the Council-Manager form of government selected by Eagle Pass’ founding fathers. Currently, the Mayor and City Council appoint the City Manager, City Attorney, and City Municipal Judge.
4. Proposition “D”-Shall Section 7-2 of the City Charter be amended to provide for the approval of City Council for the selection of a Department Head by the City Manager?
Proposition “D” seeks to change the current selection of all City Department Heads by the City Manager to the City Council, decreasing the authority and power of the City Manager to select his or her own Department Heads and straying from the Council-Manager form of government chosen by the City’s founding fathers as enumerated in Section 1.1 of the City Charter:”The municipal government provided by the Charter shall be known as the Council-Manager government.”
Propositions “C” and “D” combined seek to give the Mayor and City Council Carte Blanche power to select and appoint all professional positions within the City of Eagle Pass while decreasing the authority and power of the City Manager and almost abandoning the Council-Manager form of government adopted by the City’s Founding Fathers in 1964. The City Manager position will lose autonomy to execute the laws and the day-to-day administration of the government of the City. In essence, these two propositions “C” and “D” will change the City of Eagle Pass’ form of government from Council-Manager to that of a Mayor-Council, where the Mayor and City Council make most key administrative and appointive powers are concentrated in the Mayor instead of a City Manager.
5. Proposition “E”-Shall Section 3-2 of the City Charter be amended to provide for a candidate fee, or, alternatively, signature to become a Candidate for City Council or Mayor?
Proposition “E” seeks to change the current no fee requirement to register as a Candidate for the City Council or Mayor to one that will charge a fee of $600 per Candidate to register for a position in the City Council and Mayor, a significant fee increase of $600. However, Proposition “E” allows a Candidate for City Council or Mayor to submit a petition with signatures to qualify for a Candidate Fee Waiver if it satisfies the state statutory requirement or receive a fee reduction by five dollars ($5) per signature for each registered voter who signs a petition requesting that the name of the Candidate be placed on the ballot. Proposition “E” will restrict or dissuade interested Candidates from registering as Candidates for the City Council or Mayor by making it financially expensive ($600) and/or adding more requirements to be able to run for the City Council or Mayor (Petition of Signatures).
6. Proposition “F”-Shall Section 7-1 of the City Charter be amended to provide for an annual report from the City Manager updating the City’s Master Plan?
Proposition “F” seeks to add that the City Manager be required to amend the City’s Master Plan annually and give the City Council an annual report.
The Eagle Pass City Council will in all likelihood approve the third reading of the Ordinance calling for a special election to Amend the City Charter at their next meeting in mid-February of 2018. All City Council meetings are public and open to citizens.
The proposed six City Charter Amendments are important and will determine what form of government the City of Eagle Pass will be in the future, a Council-Manager government as intended by the City’s Founding Fathers in 1964 or a different one.
