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City of Leon Valley
November 26, 2014
12:00 P.M.

 

Update from the Home Rule Charter Commission 

 

Currently, the City of Leon Valley is a General Law City operating under a Council-Manager form of government with a Mayor and five City Council Members elected at-large.  The Mayor and City Council Members hold two year terms of office, and are elected and serve on an at-large basis.   

 

A General Law City means a municipality is limited to governmental structures and powers specifically granted by state law. General Law cities are bound by doctrine that says that a unit of local government may exercise only those powers that the state expressly grants to it.

 

Under the Home Rule structure a city exercises powers granted by the state, but ALSO has the ability to adopt measures of local importance not authorized specifically by the state.

 

A city may elect to become a Home Rule City once the City exceeds 5,000 population and the voters agree to become a Home Rule City. Home Rule City means a city adopts a home rule charter for their local self-governance. The citizens of a Home Rule City are free to choose their own form of municipal government, choose between a large or small city council, fix the terms of office of council members, etc.  

 

The City Council on July 14, 2014 decided to appoint a Home Rule Charter Commission. The Commission consists of 11 members.  Their charge is to create a proposed Home Rule Charter for presentation to City Council, and ultimately, for the Home Rule Charter to be placed on the ballot for consideration of the citizens at the May 9, 2015 general election.  

 

The Commission has met seven times since their appointment.  They have approved a table of contents for the home rule charter which consists of:

  1. Form of Government and Powers
  2. Boundaries
  3. The City Council and Mayor
  4. Elections
  5. Administrative Organization
  6. Initiative, Referendum and Recall
  7. General Provisions
  8. Transitional Provisions

They have approved Article I which creates a City Council-City Manager form of government and Article II which provides for the continuation of the existing boundaries of the City of Leon Valley, and process for annexing and releasing City territory.

 

They have approved Article II Boundaries of the City.

 

They have approved Article IV regarding elections.

 

They have completed and approved most of Article II The City Council and Mayor. To date they have tentatively approved all of Article II except those provisions dealing with term limits.  They have tentatively approved that term limits be placed on City Council by providing that no officer shall serve more than three consecutive terms and no more than five terms total.  However, they are still discussing whether term limits shall be retroactive. These provisions have been approved:

  1. That the total number of City Council be increased from six to seven, to include six council members and a mayor;
  2. That the mayor shall have the same voting privileges as the council members but shall have no veto powers;
  3. That City Council terms of office be increased from 2 years to 3 years;
  4. The appointment and duties of the Mayor Pro Tem;
  5. Forfeitures of office, vacancies and the filling of vacancies of City Council;
  6. Prohibitions placed on City Council;
The Commission is currently debating issues associated with initiative, referendum and recall.

The currently approved articles and sections may be found here.

 

The next topics for discussion and action by the Commission at up-coming meetings are:

 

     V.          Administrative Organization
     VI.         Initiative, Referendum and Recall

     VII.        General Provisions

 

The Home Rule Charter Commission is expected to present the recommended charter in February 2015, and for a citizen vote at the May 9, 2015 general election.

 

- ENews Team, City of Leon Valley