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Council declines one‑year cooling‑off rule for former members after extensive debate
Summary
Councilors and members of the public debated a proposed amendment (Resolution 25‑2178) to bar former council members from unpaid commission roles for one year; critics warned of targeting and First Amendment concerns and the council voted not to adopt the resolution.
Councilor Benfield introduced Resolution 25‑2178 to amend the city code to add a one‑year cooling‑off period preventing former council members from serving in unpaid capacities on boards, commissions and committees for one year after leaving office. He and other supporters said the measure would reduce potential and perceived conflicts of interest for quasi‑judicial bodies such as planning & zoning and the board of adjustment.
Public commenters and multiple council members pushed back. Speakers including a former council member and residents said the change could appear targeted at specific outgoing members, could reduce the volunteer pool and might raise constitutional questions about free speech and association. A member of the public cited state and federal cases and argued courts apply heightened scrutiny to restrictions on unpaid political participation.
City staff said some Texas cities have cooling‑off provisions; the city manager recalled a two‑year cooling‑off period in another municipality where he previously worked. Council discussion centered on fairness, precedent and legal risk of restricting volunteers from unpaid service. Several councilors recommended studying the issue and whether any policy should apply prospectively rather than to current applicants.
A motion to table the resolution failed. The council then took a final vote on Resolution 25‑2178; the motion to adopt failed with the transcript recording the nays prevailing and the motion failing unanimously.
