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Charter panel defers change on whether councilmembers must resign to run for mayor; requests city attorney guidance
Summary
Commissioners debated whether a sitting council member should be required to resign before filing to run for mayor and how that affects unexpired seats and ballots. They tabled the item pending legal advice from the city attorney.
The Lago Vista Charter Review Commission spent a substantial portion of the May 5 meeting debating whether sitting council members who file to run for mayor should be required to resign their council seat before the candidate filing deadline.
Commissioners raised practical concerns about preserving voters' ability to choose a replacement for an unexpired council term. Several members described a scenario in which a council member waits until the last possible filing date to declare for mayor; if no one else files for the vacated council seat, the remaining process can leave the seat to be filled by council appointment rather than by a citizen election. Commissioners said they preferred a rule that would give potential challengers time to file for the now-open council seat so voters could choose the replacement.
Commissioners did not adopt new charter language during the meeting. Instead they asked for a legal opinion from the city attorney on whether the commission can impose an earlier filing/resignation deadline in the charter without conflicting with state law on filing dates and ballot preparation. Chair Linda Aaron asked Councilor Shane Som to coordinate with the city attorney (Brad) to obtain an opinion before the next CRC meeting.
Commissioners debated a range of procedural fixes, including: (1) requiring an incumbent who files for mayor to resign by an earlier deadline so the unexpired council seat could be placed on the ballot as an unexpired-term race; (2) allowing the council to appoint a temporary replacement until the next general election; and (3) a potential 77-day filing rule to give 15 days for others to file for the vacated seat. Commissioners noted state-law constraints and said they wished to avoid adopting charter language that would be preempted by state filing rules.
The commission tabled revisions to section 5.01(d)/(e) pending the attorney's opinion. The group asked staff to request a clear statement from the city attorney about whether the charter may lawfully require an earlier filing/resignation deadline for sitting council members who file for mayor and, if so, what precise language would be enforceable.
No final change was adopted at the meeting; the item remains pending attorney review.
