City Hall Roundup: Dallas Finalizes Ballot for November 5 Charter Amendment Election
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Editor’s Note: Several days after this story was published, The Dallas Morning News reported that “a supporter of proposed city charter changes pushed by nonprofit Dallas Hero is suing the city and most of the City Council, alleging they violated the Constitution by adding overriding amendment proposals.”
Twenty-one proposed changes to the Dallas city charter will appear on a Nov. 5 ballot for Dallas voters to decide.
Among the propositions are City Council member salary increases, municipal election dates, government oversight by an independent Office of the Inspector General, and four controversial proposals initiated by citizen petitions.
Here’s a look at the final propositions as they will appear on the ballot.
Council members during a marathon meeting Wednesday called the election and set the ballot, with Far North Dallas Councilwoman Cara Mendelsohn frequently suggesting to strike charter changes and referencing an Aug. 14 opinion column in The Dallas Morning News. In the column, former mayors Mike Rawlings, Tom Leppert, and Ron Kirk wrote that 12 of the 15 proposed amendments proposed by a Charter Review Commission and refined by City Council members would do more harm than good.
CandysDirt.com stayed up late on a school night to follow this discussion and our friends at KERA and D Magazine did too. Cheers to Nathan Collins and Bethany Erickson for turning their stories around quickly. They’re worth a read.
Below is a concise-as-possible recap of the discussion that took place until about 10:30 p.m. on Wednesday and how we got to the Nov. 5 ballot.
There’s been criticism about council members “giving themselves raises” and attempting to weaken the mayor’s authority, but that’s not really what’s happening. When all is said and done, it’s up to the voters to decide what changes they want to make to the Dallas charter. The document serves as the city’s constitution and is updated every 10 years. Watch the Aug. 14 Dallas City Council meeting.
Preamble to the Charter
Deputy Mayor Pro Tem Adam Bazaldua fought for a preamble but the general consensus among others was that the proposed preamble was too long and didn’t serve a purpose. Mendelsohn moved to strike it from the ballot and did not prevail. Bazaldua issued updated language that was debated at length. Councilman Paul Ridley suggested a shortened version of the original preamble — just the first paragraph — and that amendment got a majority of votes to appear on the ballot.
The language originally proposed for the preamble appears on slide eight of this presentation.
Council Authority to Set Election Date
Councilman Chad West suggested a proposition that removes the election date from the charter and allows the City Council to set an election date by resolution or ordinance. The gist of the proposal is to shift municipal elections from May to November in odd-numbered years to allow for better voter turnout.
The League of Women Voters supports this measure, West said. While West previously attempted to propose the measure using the November date specifically, this proposal doesn’t reference any particular months but rather gives the council authority to set an election date. It’s pending approval from the Texas Legislature.
The motion passed, therefore this item will appear on the ballot.
Appropriation of Funds for Employee Wages
District 6 Councilman Omar Narvaez suggested a charter amendment that the “City Council shall make the final determinations regarding appropriations of city funds and that any instructions in the charter regarding the appropriation of city funds for city employee wages serve only as recommendations for City Council’s consideration and these provisions control over other provisions in the city charter.”
The motion passed, therefore this item will appear on the ballot.
Office of Inspector General
Councilwoman Gay Donnell Willis proposed an amendment to establish the Office of the Inspector General with the IG appointed by the City Council as recommended by the Charter Review Commission. A two-thirds vote would be required to remove the IG.
The measure was supported by Dallas County District Attorney John Creuzot and former Dallas City Councilwoman Angela Hunt, a member of the Charter Review Commission.
An independent office would help restore public trust and protect against fraud and corruption, Willis said.
The motion passed, therefore this item will appear on the ballot.
Asserting No Waiver of Immunity
Bazaldua introduced an amendment that “nothing in the city charter is intended to waive the city’s governmental immunity from suit, liability or damages, or to grant standing to residents to bring suit against the city, its employees or officials.”
The motion passed, therefore this item will appear on the ballot.
Limitation of Terms
Councilwoman Paula Blackmon suggested an amendment eliminating the ability to have council members and the mayor return to their current positions after serving four two-year terms or two four-year terms, respectively. They can run again in a different district but not for the same position.
Blackmon’s motion was supported by a majority, so this item will appear on the ballot.
Extending the deadline for referendum petition signature collection from 60 days to 120 days and reducing the number of signatures required on a petition to initiate a referendum.
Councilman Paul Ridley suggested striking these propositions from the ballot. Ridley’s motion did not receive enough support and both propositions will appear on the ballot as a combined measure.
Director of Office of Community Police Oversight Appointed by City Council
Bazaluda introduced this amendment and after one of the lengthiest discussions of the evening, it failed to gain enough support to appear on the ballot.
Requiring the City Council to confirm the mayor’s appointments to, reassignment of, and removal of standing City Council committees.
Councilman Jesse Moreno suggested striking this amendment.
“It is imperative we view the prudence of these recommended amendments not through the lens of current political dynamics on the council, but through a lens of good government that works for the city, regardless of who holds elected office,” the former mayors said in the Dallas Morning News opinion column.
The Real Estate Council also issued a statement opposing this amendment. Moreno’s motion to strike was approved by a majority, so this will not appear on the ballot.
Increasing Salaries for the Mayor and Council Members
Mendelsohn moved to strike the amendment increasing salaries. At an Aug. 7 meeting, the measure passed by straw vote, suggesting that council member salaries be raised from $60,000 to $90,000 for council members and from $80,000 to $110,000 for the mayor.
The motion to strike failed, meaning the proposition will appear on the ballot.
Appointment removal and compensation language in the city charter controls over any other conflicting provision of the city charter.
Councilwoman Gay Donnell Willis suggested this proposition. The motion prevailed and will appear on the ballot.
The city should engage diverse print and digital media outlets in addition to the publication of notices of city business on the city website and in the newspaper of general circulation to equitably reach communities reflecting the racial and ethnic makeup of the city.
Councilman Zarin Gracey introduced the proposition. Mendelsohn said this shouldn’t be a charter amendment but rather an operational decision.
Gracey’s motion was not supported by a majority and therefore will not appear on the ballot.
Eliminating the requirement that members of boards and commissions created by charter be registered to vote, be qualified voters, or be qualified taxpaying citizens.
Mendelsohn moved to strike this proposition from the ballot.
“This proposed amendment reflects a misguided notion that would further diminish the importance of encouraging voter participation and ensuring members have vested interests in the effective functioning of these organizations,” Mendelsohn read from the DMN op-ed. “We cannot conceive how the work of these important boards and commissions would be served by eliminating these minimal requirements.”
This discussion resulted in an emotional debate as Councilman Jaime Resendez said his parents are immigrants and under this regulation would not be able to serve on a board governed by the city charter prior to receiving citizenship.
Mendelsohn’s motion failed, therefore the proposition will appear on the ballot.
Extending City Council Terms from Two to Four Years
Blackmon moved to strike this amendment, saying that four years is too long for a council term and there wasn’t a way to make three-year terms work.
Blackmon’s motion prevailed and the proposition will not appear on the ballot.
Allowing the mayor pro tem, deputy mayor pro tem, or city secretary to call a City Council meeting to order when the mayor is absent.
Mendelsohn moved to strike this proposition from the ballot.
“I think this is incredibly petty,” she said. “This is not appropriate for a charter amendment.”
The motion prevailed, and this proposition will not appear on the ballot.
Requiring the Mayor to Assign City Council Committees Within 60 Days of Inauguration
Mendelsohn moved to strike this proposition from the ballot. The motion prevailed, and this proposition will not appear on the ballot.
Clarifying that municipal judges and associate municipal judges serve terms equal to the terms of City Council members.
Councilman Chad West moved to strike this item from the ballot, calling it a cleanup item that would only have been necessary if council member terms were proposed to change to four years.
West’s motion to strike was supported by a majority, so this proposition will not appear on the ballot.
Technical Amendments
Mendelsohn proposed deleting a sentence referencing benefits for elected officials and changing the word “salary” to “compensation.”
Her motion failed for lack of a second.
Propositions from Voter Petitions
Council members debated three propositions from the Dallas HERO Initiative, which they appeared to agree are problematic. However, because the items were submitted by petition and certified by the city secretary, they will appear on the ballot.
The former mayors wrote in their DMN op-ed that they do not support any of the Dallas HERO proposals, nor do they support a measure that would decriminalize small amounts of marijuana. The latter proposition was submitted by Texas Ground Game via petition.
“We do not support any of these amendments, both for legal and policy reasons,” the former mayors wrote. “We further believe these voter-led amendments do not reflect the way Dallas should operate or make policy for its citizens. One proposition would loosen Dallas’ enforcement of marijuana violations, in contravention of state law. Others would undermine the city’s budgetary management of its police force and unduly interfere with the City Council’s oversight of city management. First and foremost, our collective allegiances and commitments reside with the long-term prosperity of the residents of Dallas and its growth and vibrancy. In the end, this region cannot prosper if we allow Dallas to atrophy.”
