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Municipal matters on ballots today

Denton voters to decide on term limits; turnout slow in early voting

10:39 AM CST on Tuesday, November 3, 2009

By Lowell Brown / Staff Writer

Denton residents can weigh in today on term limits for City Council members as voters statewide consider a list of changes to the Texas Constitution.

Voters in Pilot Point and Lake Dallas also will consider local ballot issues. Polls are open from 7 a.m. to 7 p.m.

By all accounts, the election hasn’t generated much public interest.

Turnout for early voting “wasn’t very impressive,” said Don Alexander, Denton County’s elections administrator.

Only 5,455 residents cast early ballots, representing fewer than 2 percent of the county’s registered voters, Alexander said. By comparison, nearly 3,100 more early ballots were cast in 2007, the last vote to amend the state constitution, even though the number of registered voters in the county has grown by 8 percent.

The state ballot includes 11 proposed amendments that touch on issues such as property taxes, government land grabs, public beach access and university research funding.

In Denton, voters also will consider four proposed amendments to the city charter. Proposition 1, the highest-profile amendment, would solidify the city’s longtime practice of not counting past years of service against council members who switch seats or take a break in service.

The charter limits the mayor and council members to three consecutive two-year terms, but opinions differ over whether the limit applies per seat or across all seats. City attorneys say past years of service don’t count against council members who run for a different seat, including mayor, or sit out a term.

The issue gained attention after a 2008 lawsuit challenged how the city traditionally applied term limits. The lawsuit is pending before a Fort Worth appeals court after a state district judge dismissed it over procedural issues last year.

Proposition 1 would keep the existing limit of three consecutive two-year terms and apply the limit separately to each of the council’s seven seats. Residents would be limited to 12 consecutive years of council service. The proposal includes no limit on the number of terms someone could serve in a lifetime, meaning a council member could serve up to 12 years by switching seats, sit out a year and then run again.

Supporters say the proposal would bring much-needed clarity to the city charter, even if it changes little in practice. Critics have condemned the proposal as too lenient, saying the city needs tighter checks on entrenched power.

Also on the Denton ballot:

• Proposition 2: Would clarify that council members representing the four geographical districts are required to remain living in the district throughout their term in office. The charter currently doesn’t prevent council members from staying in a seat after moving out of the district in which they were elected.

• Proposition 3: Would change the charter to require that vacancies in the mayor’s seat be filled by special elections. Currently, the mayor pro tem would complete a mayor’s unexpired term.

• Proposition 4: Would specify that the council can’t interfere with the personnel decisions of any of its four appointees. The charter already forbids council members from interfering with the city manager’s personnel decisions, but the restriction doesn’t extend to the city attorney, city auditor and municipal court judge.

 

Other cities

Voters in Pilot Point will decide whether to go to home rule with its first charter election there.

After declaring that Pilot Point’s population exceeded 5,000 people, the City Council created a charter commission in March to recommend new rules of governance for the city.

If voters approve the proposed charter, the city would adopt a council-manager form of government and increase the council membership from five to seven, including the mayor. Executive powers would remain with the City Council, including the ability to name department heads and a city manager. The mayor would be able to vote, but would not have veto power.

Unlike current governance, council members would be elected by a majority, not a plurality, with no term limits. In other words, if three or more candidates run for an office, a runoff election is possible unless one of the candidates secures a majority vote.

The charter also would provide voters with the power to petition for recall, initiative and referendum elections.

In Lake Dallas, two newcomers are racing for an unexpired seat on the City Council. Harry F. Cagnetto, 41, a project manager for Technisource, and Ricky Mathews, 51, a construction manager for McDonald’s, both filed to fill the seat left vacant when Alan Fletcher resigned from the council in early July.

The city’s charter required the special election to fill the spot.

 

Staff writer Peggy Heinkel-Wolfe contributed to this report.

LOWELL BROWN can be reached at 940-566-6882. His e-mail address is lmbrown@dentonrc.com .

 

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