Burleson Charter Amendment Election

The City Charter is the city’s most important legal document – similar to a constitution for a state or a nation. The City Charter defines the organization, powers, functions, and essential procedures of the city government.

In December 2017, the Burleson City Council created a Charter Review Advisory Committee to review the entire City Charter and make recommendations. After reviewing the recommendations, the City Council called for a Special Election on the recommended changes contained in Propositions A-F.

Resources

City of Burleson, City Charter Amendments May Election Order – includes original and proposed language changes for Burleson Home Rule Charter
https://www.burlesontx.com/DocumentCenter/View/18207/Proposition-Language-and-Redline

Recent News Articles

PROPOSITION A

Ballot PropositionShall the Burleson Home Rule Charter be amended to require that the mayor pro tem shall be elected each year by August 31st, and to clarify that in the event of a vacancy in the office of the mayor, the mayor pro tem serves until a new mayor is qualified, by revising Section 22(b)?
If I Vote FORThe Burleson City Charter, Section 22(b) will be revised to clarify that:
- By August 31 every year, the city council must elect one of its members to be mayor pro tem (responsible for taking over the mayor’s duties if he/she is unavailable)
- If there is a vacancy in the office of mayor, the mayor pro tem will take over the duties of mayor until a new mayor is sworn into office
If I Vote AGAINSTThe current charter states:
"Mayor pro tem: The city council shall elect each year at a regular meeting in July from among its members, a mayor pro tem, who shall act as mayor during the absence or disability of the mayor, and, if a vacancy occurs in the mayor’s place, shall become mayor until the next general election."
Tax ConsequencesNone

PROPOSITION B

Ballot PropositionShall the Burleson Home Rule Charter be amended to delete the local application requirements for a place on the ballot for city council and thereby allow state application requirements for a place on the ballot to control, by revising Subsection 94(a) and deleting Subsection 94(b)?
If I Vote FORThe Burleson City Charter, Subsection 94(a) will be revised and Subsection 94(b) will be deleted so that:
- The city’s requirements for individuals running for city council or mayor will be exactly the same as the state’s legal requirements for those running for local office
- State requirements are: candidates must be US citizens; be 18 years or older on the date of appointment; have resided in the state for 12 months and in the city for 6 months and be registered to vote; have not been determined by a court to be mentally incapacitated; and not be a convicted felon who has not completed parole or been pardoned
- The requirements that would be removed are: a separate sworn statement declaring candidacy for office; residence in the city for 12 months; no delinquent tax payments due to the city.
If I Vote AGAINSTThe current charter states:
> Application. A person who meets the qualifications to serve on the city council as described in Section 20, may have his or her name placed on the official ballot as a candidate for mayor or councilmember at any election held for the purpose of electing a mayor or councilmember, by filing with the city secretary all required state applications, and a sworn application in substantially the following form: “I _____ declare that I am a candidate for the office of (Mayor) (Councilmember of Place No. __) and request that my name be printed on the official ballot for that office in the next city election. I am:
-- At least 18 years of age as of the date of this application;
-- A citizen of the United States;
-- A qualified voter of the city (which in this charter shall mean a person who is registered to vote by the State of Texas, whose registration is effective in the City of Burleson;
-- Not delinquent in the payment of taxes due the city; and
-- Not otherwise disqualified from serving on the city council by any other provision of law.
I reside at, daterule, Burleson, Texas
(Signature of Candidate)”
> Failure to meet qualifications. If an applicant fails to meet any of the qualifications specified in Section 20 of this Charter or qualifications set out in State Law to hold public office, the city secretary shall not place the applicant’s name on the ballot.
Tax ConsequencesNone

PROPOSITION C

Ballot PropositionShall the Burleson Home Rule Charter be amended to establish parameters for the prohibition of the city council, city manager, city secretary deputy city manager, department heads or a deputy department head to contract with, or sell materials, supplies or services to the city, by revising Section 132?
If I Vote FORThe Burleson City Charter, Section 132 will be revised to set rules prohibiting the city council, city manager, deputy city manager, department heads, and assistant department heads from:
- Holding a substantial financial interest in any contract with the city
- Having a ‘substantial interest’ in the sale to the city of land, materials, supplies, or services
- ‘Substantial interest’ is defined as the official: owning 10% or more of voting stock/shares in the business; owning 10% or over $15,000 or more of the business’s fair market value; receiving more than 10% of previous year’s gross income from the business; or is a 1st or 2nd degree relative of anyone who meets the above criteria
- Criteria would go into effect June 1, 2020
If I Vote AGAINSTThe current city charter states:
> Prohibition. The city manager, department head, or any other employee of the city shall not:
- Have a financial interest, direct or indirect, in any contract with the city; or
- Be financially interested directly or indirectly in the sale to the city of any land, materials, supplies or services
> Financial interest. For the purposes of this section, a person has a financial interest in a corporation when the stock owned by the person exceeds one percent of the total capital stock of the corporation.
> Violation. A willful violation of this section constitutes malfeasance in office and an officer or employee who violates this section forfeits the office or position held. Any violation of this section with the knowledge of the person or corporation contracting with the city renders the contract voidable by the city manager or city council.
Tax ConsequencesNone

PROPOSITION D

Ballot PropositionShall the Burleson Home Rule Charter be revised to clarify the prohibition of council persons or employees accepting gifts, by revising Section 133?
If I Vote FORThe Burleson City Charter, Section 133 will be revised to clarify the rules for city council members and city employees on accepting gifts:
-City council members will be included in the existing ban on city employees accepting gifts, favors, benefits, or employment from any corporation, contractor, or franchisee who conducts business with the city
-City council members and city employees will also be prohibited from accepting gifts, favors, benefits, or employment from any person subject to regulation, inspection, or investigation by the councilor, employee, or their agency
-Violating these provisions is a misdemeanor, and if convicted the city council member or city employee will immediately forfeit their office or employment.
If I Vote AGAINSTThe current city charter states:
> Prohibition. During the term of office or while employed with the city, except as may be authorized by law or ordinance, an employee of the city shall not accept a gift, favor, benefit, or employment from any corporation, contractor or franchisee who conducts business with the city.
> Violation. Any officer or employee of the city who violates the provisions of this section is guilty of a misdemeanor and may be punished by a fine that may be prescribed by ordinance for this offense, and upon conviction by a court of competent jurisdiction shall immediately be removed from office.
Tax ConsequencesNone

PROPOSITION E

Ballot PropositionShall the Burleson Home Rule Charter be amended to revise the nepotism provision to include the planning and zoning commission, and the zoning board of adjustments and provide exceptions consistent with state law, by revising Section 134?
If I Vote FORThe Burleson City Charter, Section 134 will be revised to make the following additions:
-City council members or the city manager are banned from appointing relatives to any compensated office, position, or service in the city; the revision would also ban appointing relative to the Zoning Board of Adjustment or the Planning and Zoning Commission
-Brings exceptions to this rule in line with state law, so that the ban does not affect officers/employees already serving/employed with the city for 30 days prior to a relative’s appointment to a position or 6 months prior to a relative’s election
If I Vote AGAINSTThe current city charter states:
A person who is related within the second degree of affinity or within the third degree of consanguinity to a member of the city council or to the city manager shall not be appointed to any compensated office, position, or service with the city. This prohibition does not affect an officer or employee related to a councilmember or the city manager within the named degree, who is already serving or employed by the city at the time when the member of the city council or the city manager takes office.
Tax ConsequencesNone

PROPOSITION F

Ballot PropositionShall the Burleson Home Rule Charter be amended to make non-substantive grammatical corrections and clarifications and to delete redundant or moot provisions by revising or deleting Sections 9, 20, 23(c), 25, 26, 33, 34, 41, 79, 95, 111, 113, 114, 116, and 117?
If I Vote FORThe Burleson City Charter will be amended to make grammatical corrections and clarifications by revising or deleting Sections 9, 20, 23(c), 25, 26, 33, 34, 41, 79, 95, 111, 113, 114, 116, and 117.
If I Vote AGAINSTThe Burleson City Charter, Sections 9, 20, 23(c), 25, 26, 33, 34, 41, 79, 95, 111, 113, 114, 116, and 117 will remain the same.
Tax ConsequencesNone