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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; 031086 INDEXED 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 sof 1 V HCl ( C The above resolution was passed by the following vote: Mayor V At_ Rudy Garza Lk ba0,4 Michael HunterINC? Paulette Guajardo Greg Smith a • Ben Molina Lucy Rubio Joe McComb COCAAj Carolyn Vaughn 031086