HomeMy WebLinkAbout031086 RES - 03/10/2017 CITY COUNCIL RESOLUTION REGARDING ELIGIBLITY OF MARK SCOTT TO RUN
IN CORPUS CHRISTI SPECIAL ELECTION ON MAY 6, 2017
Whereas, by election held on April 3, 1993, the Corpus Christi voters approved Charter
Amendment 3 to amend Article II Section 1 of the City Charter to add an additional
subsection (d) regarding term limitations to read as follows:
"(d) No person shall serve more than four two-year terms consecutively as a
council member, or four two-year terms consecutively as mayor, or six two-year
terms consecutively in any combination of such officers. A person who has
reached the limitation on terms provided in this section shall be eligible for
election or appointment to the city council after not serving on the city council for
one full term of office. (This provision shall take effect beginning with the terms of
office commencing in April 1993. Terms of office served prior to such date shall
not count toward this limitation.)"
Whereas, by election held on November 2, 2010, the Corpus Christi voters approved
Charter Amendment No. 2 to amend Article II Section 1 subsection (d) of the City
Charter to increase the waiting period from one term (2 years) to three terms (6 years)
before a person becomes eligible to serve again and modifying subsection (d) to read
as follows:
"(d) No person shall serve more than four two-year terms consecutively as a
council member, or four two-year terms consecutively as mayor, or six two-year
terms consecutively in any combination of such offices. A person who has
reached the limitation on terms provided in this section shall not be eligible for
election or appointment to the city council until three consecutive terms of office
for the council have expired."
Whereas, also by election held on November 2, 2010, the Corpus Christi voters
approved Charter Amendment No. 6 to change the City Council election date from the
second Saturday in May to the November uniform election date of even numbered
years and to allow for a transition election in May 2011, with a shortened term of a year
and a half, and amending Article II Section 1 (b) of the City Charter to read as follows:
"(b) The mayor and members of the city council shall be elected for terms of two
years and shall hold office until their respective successors have been elected
and qualified. The regular election shall be held on the November uniform
election date of even-numbered years as authorized by State law; provided that,
a transition election shall be held on the second Saturday in May, 2011 for terms
expiring upon the final canvass of the elections in November 2012."
Whereas, Mark Scott was elected to an at-large council member position in May of
2009; May 2011; November 2012; and November 2014;
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Whereas, on September 14, 2016, City Council Member Mark Scott announced his
resignation from office prior to the expiration of his term of office in order to avoid City
Charter term limit requirements;
Whereas, on September 14, 2016, Mark Scott submitted a written letter of resignation
from office, to be effective 5 p.m. on September 14, 2016;
Whereas, Council Member Mark Scott was absent from the City Council meetings of
September 20, 2016, September 27, 2016, October 11, 2016, October 18, 2016, and
October 25, 2016;
Whereas, Council Member Mark Scott attended the November 1, 2016, November 15,
2016, and November 21, 2016 City Council meetings;
Whereas, on November 1, 2016, Corpus Christi City Council approved Resolution No.
031000 "City Council Resolution of Reprimand for Council Member Mark Scott" which
declared that it was the belief of the Corpus Christi City Council that the intent of the
2010 Charter amendments was to count the shortened City Council term towards the
term limits;
Whereas, Corpus Christi City Charter Article II Section 8 provides:
"Sec. 8. Judge of Elections.
The city council shall be the judge of the election and qualification of its
own members, subject to review by the courts in case of contest."
Whereas, the general City Council election was held on November 8, 2016 for the
election of the Mayor and Council Members;
Whereas, Mark Scott did not file to run in the November 8, 2016 election;
Whereas, Dan McQueen was elected mayor on November 8, 2016;
Whereas, the Mayor and City Council took office on December 13, 2016;
Whereas, Mayor Dan McQueen resigned from office on January 18, 2017 and City
Council accepted his resignation on January 24, 2017;
Whereas, Corpus Christi City Charter Article II Section 12(a) provides that the
remaining City Council members shall call a special election to fill a vacancy in the
office of Mayor in the event more than one year remains until the next regular city
council election;
Whereas, on February 28, 2017, the Corpus Christi City Council called a special
election to be held on May 6, 2017 to fill the vacancy in the office of the Mayor;
Whereas, Mark Scott filed application for a place on the ballot on March 6, 2017;
Whereas, Texas Election Code Section 145.003(f) provides:
"(f) A candidate may be declared ineligible only if:
(1) the information on the candidate's application for a place on
the ballot indicates that the candidate is ineligible for the office; or
(2) facts indicating that the candidate is ineligible are conclusively
established by another public record."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. That the Corpus Christi City Council finds that Mark Scott has served four
two-year terms consecutively as a council member.
Section 2. That the Corpus Christi City Council finds that Mark Scott has reached the
limitation on terms provided in City Charter Article II Section 1(d) and therefore, is not
eligible for election or appointment to City Council until three consecutive terms of office
for the council have expired.
Section 3. That the City Secretary is directed to utilize this Resolution and the facts
stated herein to administratively declare Mark Scott ineligible for election or appointment
to the City Council until three consecutive terms of office for the council have expired.
Section 4. The City Secretary is authorized to issue an administrative declaration of
ineligibility to Mark Scott regarding the May 6, 2017 special election.
Attest: City of Corpus Christi
.CA/ JCS t L 4\-/
Rebecca Huerta, City Secretary Mayor
Corpus Christi,Texas
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The above resolution was passed by the following vote:
Mayor V At_
Rudy Garza Lk ba0,4
Michael HunterINC?
Paulette Guajardo
Greg Smith a
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Ben Molina
Lucy Rubio
Joe McComb COCAAj
Carolyn Vaughn
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