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Council rejects 1‑year cooling‑off rule after heated public comment and legal concern
Summary
A proposed ordinance amendment to bar former council members from serving on unpaid city boards for one year (Resolution 25‑2178) prompted extended debate and public comment. After hearing supporters and constitutional/legal objections, the council voted to reject the resolution.
The Lago Vista City Council considered Resolution 25‑2178 on Nov. 20, a proposed amendment to Article 1.18 of the city code that would impose a one‑year cooling‑off period before former council members could accept unpaid appointments to city boards and commissions.
Councilor Adam Benefield, sponsor of the resolution, said the measure was intended to reduce both actual and perceived conflicts of interest and to preserve impartiality on quasi‑judicial bodies such as Planning & Zoning and the Board of Adjustment. He argued that former council members carry institutional knowledge from executive sessions and past negotiations that could inappropriately influence deliberations on quasi‑judicial boards.
Multiple members of the public and several councilors spoke during the public‑comment period and council debate. Resident Gene Harris recommended liaisons while warning about quorum risks; other residents said they had found no prior violations tied to former council members and warned the rule appeared targeted. One public commenter said the proposal “only applies to three people” in the current cycle and asked how the city could justify changing rules mid‑application. Another commenter, who identified themselves as having reviewed case law, warned the restriction could raise First Amendment concerns and cited precedents that have struck down bans on unpaid volunteer roles.
Council debate focused on several themes: (1) whether the policy would be narrowly targeted or applied prospectively; (2) the constitutionality of restricting unpaid volunteer participation in light of free‑speech and association jurisprudence; (3) whether existing ethics rules and council appointment discretion already address the alleged problem; and (4) volunteer supply — whether the city has enough applicants to sustain a ban.
After discussion, a motion to table the resolution until the first meeting in January (with a request for a legal opinion) failed. The council then proceeded to a vote on the resolution itself; the motion to adopt the cooling‑off period failed unanimously.
Mayor (presiding) and several councilors said they were reluctant to change appointment rules retroactively during an application cycle; others supported exploring a future prospective policy. The council directed staff and the discussion board process to continue reviewing related appointment procedures.
Because the council did not adopt the resolution, there will be no immediate change to appointment eligibility for unpaid volunteer boards and commissions.
