Council To Consider Special Election

Representing Teague High School by attending the Fellowship of Christian Athletes’ 5th Annual Victory Banquet at Baylor this past Sunday were (pictured from left to right): Haley Guerrero, Kelton Henderson, Daryl Brooks, and Coach Daniel Johnson. Not pictured is Trae Bell. (Photo Courtesy of Melissa Johnson Photography)

With the recent resignation of Councilman Garlan Steed and an unsuccessful attempt to get a quorum together for a special meeting before midnight on April 10th, the City of Teague is expected to either approve a resolution authorizing the Mayor to request Governor Rick Perry to permit the City to hold a special election on a non-uniform day to fill two Alderman vacancies; or in the alternative, circulate a petition to submit to the County Commissioner?s Court to order a special election to fill the two vacancies.

The council was scheduled to meet in regular session on Tuesday evening, April 16th, to consider the resolution and a hand full of other agenda items needed to be taken care of since the resignation of City Administrator Vince DiMaggio.

In a special meeting like what was attempted to be called on April 10th, a super majority (4 out of 5 instead of 3 out of 5) council members must be present to establish a quorum. With the recent resignations of Alderman David Huffman and Garlan Steed and their unwillingness to attend the April 10th special meeting as acting Aldermen under the Holdover Doctrine, the Texas Local Government Code states that if two or more vacancies on the governing body exist at the same time, a special election shall be ordered to fill the vacancy.

Following Huffman?s resignation in January, the city followed the advise of former City Administrator Vince DiMaggio to postpone appointment to fill the vacancy until after the May uniform election. With Alderman Steed?s unexpected resignation on April 3rd, and unwillingness to attend the April 10th meeting so a quorum could be established and an appointment could be made to fill Place 1 on the council, a special election must be called to fill the vacancies. The Holdover Doctrine, under the constitutional duties of an elected councilman, require elected officials to continue performing their official duties until someone else is sworn into their respective seats. April 11th was the last day the city could call a special election, which could have been held in conjunction with the May 11th uniform election for places 2, 4 and 5 on the city council.

According to the resolution to be considered Tuesday evening, the council has determined that the two vacancies constitute an emergency because pursuant to the Texas Local Government Code, the council may not hold a meeting to consider the imposition of a tax or hold any special meetings, including emergency meetings, without four council members present at the meetings.

Other business to be acted upon at Tuesday?s meeting included the following:

Resending an ordinance putting the City Administrator in charge of all personnel duties;

Resending a motion to restructure the EDC and place under the supervision of the City Administrator;

Remove all names from all bank accounts except for Mayor Earnest Pack, City Secretary Judy Keally, and Mayor Pro Tem;

Appoint a Mayor Pro/Tem;

Consider a resolution to allow Mayor Pack to conduct all city business necessary for the daily operation of the city; and approve spraying for mosquitoes in conjunction with an interlocal agreement with City of Fairfield.

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