Proposition A
Amendment A
Shall Section 4.01 (a), (b), (c), Section 4.15, Section 5.10, and Section 6.01 of the Charter be amended to change the term length of the Mayor and eight Councilmembers from two year
terms to three year terms?
Charter language if approved:
Section 4.01 (a). Number, Election, and Term or Office
The Council shall be composed of a Mayor and eight Councilmembers. The Mayor, unless sooner removed under the provisions of this Charter, shall serve for three-year terms, from the first
Tuesday following the election until the first Tuesday following the general election three years later, or until a successor has been elected and duly qualified. Each Councilmember,
unless sooner removed under the provisions of this Charter, shall serve for three-year terms, from the first Tuesday following their election until the first Tuesday following the general
election three years later, or until a successor has been elected and duly qualified.
Section 4.01 (b). Number, Election, and Term or Office
All Councilmembers and the Mayor shall be elected for three-year terms. In all elections for Mayor, each qualified voter shall vote for not more than one candidate for Mayor. In all
elections for Councilmember from the qualified voter’s ward,
each qualified voter shall vote
for not more than one candidate
for Councilmember from the qualified voter's ward. In all elections for each of the four council-at-large positions, each qualified voter shall vote for not more than one candidate for
each of the four council-at-large positions.
Section 4.01 (c). Number, Election, and Term or Office
Beginning with the November 2024 election, the Council shall transition to three-year terms as provided in this subsection.
(1) For the November 2024 election, the candidates elected to the At-Large Positions 1,2,3, and 4 shall serve three-year terms.
(2) For the November 2025 election, the elected to the office of Mayor and Wards 1,2,3, and 4 shall serve three-year terms.
(3) Thereafter, the candidates election to the City Council in the November general election will be elected to three-year terms.
Section 4.15 Limitation of number of terms of Councilmembers
No person shall be elected to more than three consecutive regular three-year terms as a Councilmember.
Section 5.10 Limitation on number of terms of Mayor
No person shall be elected to more than three consecutive regular three-year terms as Mayor.
Section 6.01 General Election
Regular City general elections
shall be held on the uniform
election date in November. Each
election shall be ordered by the Mayor or, in the event the Mayor fails to do so, by the Council. The City Secretary shall give notice
of such election by causing the notice to be published in accordance with State Law.
Amendment B
Shall Section 4.07 of the Charter be amended to align with state law meeting notice requirements and to allow City Council to approve a change in location for City Council Meetings if
needed?
Charter language if approved:
Section 4.07 Meetings of the Council
There shall be one or more regular meetings of the City Council each month, which shall be held at such times and places as shall be prescribed by ordinance. Special meetings may be
called at any time by the Mayor, the City Manager, or by a majority of the Councilmembers qualified and serving by giving notice to the City Secretary who shall in turn give notice
of such special meetings to all members of the Council in accordance with state law. All meetings of the Council shall be held at the City Hall of Huntsville or at such other public
place as may be approved by Council and, except as otherwise permitted by law, all meetings shall be open to the public and closed or executive meetings or sessions shall only be permitted
as authorized by
law.
Amendment C
Shall Section 4.08 of the Charter be amended to follow state law when conducting business?
Charter language if approved:
Section 4.08 Rules of Procedure
The Council shall by ordinance determine its own rules and order of business. A majority of the Council qualified and serving shall constitute a quorum for all meetings for the transaction
of all business, but no action of the Council shall be of any force and effect unless it is adopted by the favorable vote of a majority of the members of the Council qualified and serving,
unless otherwise provided by this Charter or as required by state law. No action of the Council shall be of any force or effect unless considered by five (5) Councilmembers, with no
abstentions. Minutes of all meetings of the Council shall be taken and recorded, and such minutes shall constitute a public record.
Amendment D
Shall Section 4.11 of the Charter be amended to allow Mayor and Council to be prompt when dealing with disciplinary actions?
Charter language if approved:
Section 4.11 Removal of officers appointed by City Council
The Council may suspend or remove any appointed, salaried officer or employee of the City that the Mayor or Council under this Charter has the power to appoint.
Amendment E
Shall Section 4.13 of the Charter be amended have the publication requirements of ordinances align with state law?
Charter language if approved:
Section 4.13 Publication of ordinances
The City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine, or forfeiture for any violation of any of its provisions, and every other ordinance
required by law or by this Charter to be published, by causing the ordinance, or its descriptive caption and penalty, to be published in accordance with state law. Such ordinances shall
take effect ten days after final passage, provided that any penal ordinance passed as an emergency measure shall take effect immediately upon publication.
Amendment F
Shall Section 4.16 of the Charter be amended to give Councilmembers a monthly salary rather than a salary dependent on meeting attendance?
Charter language if approved:
Section 4.16 Compensation of Councilmembers
Each Councilmember shall receive a salary of Twenty Dollars ($20.00) per month.
Amendment G
Shall Section 4.17 of the Charter be amended to clarify how Council shall handle vacancies based on the length of time left in the term needing to be filled?
Charter language if approved:
Section 4.17 Vacancies in the office of Councilmember paragraph 1
For vacancies in the office of Councilmember arising from any cause, for an unexpired term of twelve months or less, the remaining members of the City Council may appoint a person to
serve as a Councilmember or call a special election to be held on the first uniform election date not earlier than 30 days after the vacancy occurs. The City Council shall not appoint
more than one Councilmember in any twelve-month period.
Amendment H
Shall Section 4.18 of the Charter be amended to allow the Council to decide weather removal of Councilmember is necessary dependent on the cause of absences?
Charter language if approved:
Section 4.18 Forfeiture of office of councilmember because of absence
The Mayor or a Councilmember who is absent from more than four consecutive regular meetings of the Council, unless such absences are the result of illness or the conduct of official
City business, shall be deemed to have forfeited and removed from the office. The City Council shall determine whether forfeiture has occurred, and the Council shall fill such vacancy
in the manner prescribed by the Charter.
Amendment I
Shall Section 5.03 of the Charter be amended to give the power of veto to the Acting Mayor in the absence of the Mayor and Mayor Pro Tem?
Charter language if approved:
Section 5.03 Acting Mayor
In the event of the absence, disability, or disqualification of both the Mayor and Mayor Pro Tem at any particular meeting of the Council, the remaining members of the Council shall
by election designate one of their members as Acting Mayor and that member shall act as Mayor for such particular meeting and shall have power to perform every act, except the power
to remove or suspend officers and employees, the Mayor could perform if present.
Amendment J
Shall Section 5.08 of the Charter be amended so that the Mayor is not required to vote on all matters considered by Council?
Charter language if approved:
Section 5.08 Duties and powers Unless otherwise provided by law or by this Charter, the powers and responsibilities of the Mayor shall include, but shall not be limited by the following:
(a) Must appoint, subject to the confirmation and approval of the Council, the City Secretary, the City Attorney, the Municipal Court Judge, the Certified Public Accountant, and all
members of all Boards, Commissions and Committees of the City.
(b)To recommend to the Council such measures, resolutions and ordinances as the Mayor may deem proper and necessary.
(c)To perform such other duties as may be prescribed by this Charter or required of the Mayor by the Council.
Amendment K
Shall Section 6.02 of the Charter be amended to align with Texas State Law and Texas Election Code when having a Run-off Election?
Charter language if approved:
Section 6.02 Run-off elections
In the event any candidate for Mayor or Councilmember fails to receive a majority of all votes cast for a particular office at any regular or special election, the Mayor or, if the Mayor
fails to do so, the Council shall following the completion of the official count of ballots cast at the first election, order a second election to be held on a Saturday in accordance
with the Texas Election Code at which election the two candidates receiving the highest number of votes cast for such particular office in the first election, at which no one was elected
to such office by receiving a majority of all votes cast for all candidates for such particular office, shall again be voted for, and the one receiving the highest number of votes cast
shall be elected to such office. The City Secretary shall give notice of such run-off election by causing said notice to be published at least ten days prior to the date of such election
in accordance with state law.
Amendment L
Shall Section 6.04 of the Charter be amended to ensure that election authorities are appointed in accordance with state law?
Charter language if approved:
Section 6.04 Regulations of Elections
All elections shall be held in accordance with the laws of the State of Texas regulating the holding of municipal elections and in accordance with the ordinances adopted by the Council
for the conduct of elections. The Council shall appoint the Election Judges and other election officials and shall provide for the compensation of all election officials in City elections
and for all other expenses of holding such elections. Municipal elections shall be conducted by the appointed election authorities in accordance with state law.
Amendment M
Shall Section 8.01 of the Charter be amended to allow the City Manager to reside within the City or its extra-territorial jurisdiction during the tenure of office?
Charter language if approved:
Section 8.01 City manager
The Council shall appoint a City Manager who shall be the Chief Administrative and Executive Officer of the City. The City Manager shall be chosen by the Council solely on the basis
of the person's executive and administrative training, experience, and ability, and need not, when appointed, be a resident of the City of Huntsville; however, during the tenure of
office, the City Manager shall reside within the City or its extra-territorial jurisdiction (ETJ).
Amendment N
Shall Section 8.03 of the Charter be amended relieving the Council of the duty to assign and transfer duties from one City department to another?
Charter language if approved:
Section 8.03 Administrative departments
There shall be such administrative departments as are established by this Charter and as may be established by ordinance, all of which shall be under the control and direction of the
City Manager. The Council may abolish or combine one or more departments created by it.
Amendment O
Shall Section 9.01 of the Charter be amended to require that the City Attorney be an Attorney in the State of Texas and state what services are required of the City Attorney?
Charter language if approved:
Section 9.01 City attorney
The Council, upon recommendation of the Mayor, shall appoint a competent and duly licensed attorney in the State of Texas who shall be its City Attorney. The City Attorney shall be the
legal advisor of and attorney for all of the offices and departments of the City and shall represent the City in all litigation and legal proceedings. The City Council may engage other
attorneys to assist the City Attorney. The City Attorney shall draft, approve, or file any written legal objections to every ordinance adopted by the Council, and it shall be the duty
of the City Attorney to perform all services incident to the position as may be required by statute, this Charter or the Council.
Amendment P
Shall Section 10.01 of the Charter be amended for clarification?
Charter language if approved:
Section 10.01 Municipal court
There shall be a Municipal Court of the City of Huntsville, which Court shall be deemed always open for the trial of causes, and with such jurisdiction, powers and duties as are given
and prescribed by the laws of the State of Texas.
Amendment Q
Shall Section 11.02 (e) of the Charter be amended to provide quarterly reports of the City’s financial condition for public access where Council can access as well rather than through
the Mayor?
Charter language if approved:
Section 11.02 (e) Fiscal procedures
(e)Provide at a minimum quarterly reports/statements that provide sufficient information as to the financial condition of the City. Provisions shall be made for public access.
Amendment R
Shall Section 11.02 (f) of the Charter be amended so that the financial statement will be accessible to the public but not published in the newspaper?
Charter language if approved:
Section 11.02 (f) Fiscal procedure
Provide a financial statement of the financial condition of the City, including the status of all general and special accounts, and bonded and other indebtedness of the City in the form
and as often as a majority of the Councilmembers qualified and serving may require, but at least once each fiscal year. Such financial report must be audited by a Certified Public Accountant
which shall be the same one as appointed under Section 11.16 of this Charter and shall possess the qualifications as set out in said Section. The financial report shall be submitted
to the Council for acceptance or rejection at a regular meeting of the Council and the results shall be made a matter of record and provision shall be made for public access.
Amendment S
Shall Section 11.15 of the Charter be amended for clarification?
Charter language if approved:
Section 11.15 Purchase procedure
The Council may by ordinance confer upon the City Manager's general authority to contract for expenditures without further approval of the Council for all budgeted items. All contracts
and purchases shall be made in compliance with applicable state statutes and the City’s purchasing policies and procedures approved by City Council.
Amendment T
Shall Section 11.16 of the Charter be amended to make the publishing of the City’s Independent Audit align with state law?
Charter language if approved:
Section 11.16 Independent audit
At the close of each fiscal year, and at such other times as it may deem necessary, the Council shall cause an independent audit to be made of all accounts of the City by a Certified
Public Accountant appointed by the Mayor with approval of the Council. The Certified Public Accountant so selected shall have no personal interest, directly or indirectly, in the financial
affairs of the City or any of its officers. Upon completion of the audit, the results thereof shall be published in accordance with state law and provisions made for public access.
Amendment U
Shall Section 14.04 of the Charter be amended to align with the Local Government Records Act, state law, and federal law?
Charter language if approved:
Section 14.04 Public Records
It is hereby declared to be the policy of the City to provide for efficient, economical, and effective controls over all public records of the City, consistent with the requirements
of the Local Government Records Act and accepted records management practice. Public records shall be available to the public in accordance with applicable State or Federal law.
Amendment V
Shall Section 14.07 of the Charter be amended to alight with the requirements by law?
Charter language if approved:
Section 14.07 Assignment, execution, and garnishment
The property, real and personal, belonging to the City shall not be liable for sale or appropriation under any writ of execution. The funds belonging to the City, in the hands of any
person, firm, or corporation, shall not be liable to garnishment, attachment, or sequestration; nor shall the City be liable to garnishment on account of any debt it may owe or funds
or property it may have on hand or owing to any person. Neither the City nor any of its officers or agents shall be required to answer any such writ of garnishment on any account. The
City shall not be obligated to recognize any assignment of wages by its employees unless required by law.
Amendment W
Shall Section 14.11 of the Charter be amended to have the Mayor and Councilmembers both only receive reimbursement during the fiscal year they spent money on the City’s behalf?
Charter language if approved:
Section 14.11 Limitation on reimbursement of expenses
The Council may authorize the reimbursement of actual and receipted expenses incurred by any officer or employee of the City while acting in the City's behalf in their official capacity;
provided, the Mayor and Councilmembers for each fiscal year shall not be entitled to such reimbursements exceeding budgeted the amount for City Council for each fiscal year; the limit
may only be exceeded by the affirmative vote of a two-thirds (2/3) majority of the Council qualified and serving.
Amendment X
Shall Section 14.18 of the Charter be amended to allow the City Council to determine if forfeiture has occurred when an officer of the city has shown malfeasance characteristics?
Charter language if approved:
Section 14.18 Violation of charter provisions or laws of the state of Texas
Any willful violation of the provisions of this Charter or of the laws of the State of Texas relating to Home Rule Cities shall constitute malfeasance in office, and any officer of the
City guilty thereof shall immediately forfeit their office or position, and said office or position shall be deemed vacant. The City Council shall determine whether forfeiture has occurred.
Any elected official of the City convicted in any court of a crime involving moral turpitude shall forfeit his or her office.