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It is the city’s responsibility to follow the charter

Dear Editor,

The City Charter is the Constitution of the City. The Texas Constitution, in Article XVI, Section 65(b), provides that if certain district, county, and precinct officers announce a candidacy or become a candidate for another elective office “at any time when the unexpired term of office then held shall exceed one year, such announcement or such candidacy shall constitute an automatic resignation of the office then held.” Article XI, Section 11 applies the Article XVI, Section 65(b) automatic resignation proviso to elected or appointed municipal officers whose term of office has been extended by the charter beyond two years. The city amended the charter with Proposition 4 on May 7, 2022, extending terms to three years.

The city then amended the charter with Proposition 3 on May 7, 2022, stating: “Shall Article 3, Section 3.08 of the City Charter of the City of Pearsall, be amended to provide that if the Mayor or any member of the City Council who files for another elective office shall forfeit their office”.

There is a vacancy in Place 7, held by Brenda Trevino, when she filed to become a candidate for Frio County Commissioner Precinct 2. As per the charter amendment, Trevino has forfeited her office. However, to maintain the functioning of government, Article XVI, Section 17 of the Texas Constitution provides that an elected public official continues to perform the duties of office (holdover) until his or her successor takes office. I called City Attorney Bobby Maldonado and left a message which stated that there was a vacancy and the holdover applies until the city fills the vacancy. He texted that my position was correct.

It is not up to the council member to continue to holdover, rather it is the city’s responsibility to follow the charter and fill the vacancy as required by Section 3.09: “Vacancies in the City Council and the position of the Mayor, where the same do not exceed two at any one time, shall be filled by majority vote of the remaining Council members and shall serve only until the next general City Council election.”

Hector Lozano