Monday, November 1, 2010

Rumor: If the recall of all three (3) Councilmember’s is successful, the City of La Marque will cease and the state will come in and take over.

False


The City of La Marque is a Council-Manager Government. See City Charter: Section 1.02 Form of Government. The powers of Council are to enact legislation, adopt budgets, determine policies and appoint a city manager and other powers prescribed by this charter. The budget has been passed and there are no current policies or legislation that must be acted upon. The city manager runs the city; therefore it will be business as usual if all three councilmember’s are successfully recalled. If two of the three are recalled, there is still a quorum, there for the council can still function in full force. See below references from the City of La Marque Charter.

Section 1.02. Form of government.
The municipal government provided by this charter shall be known as the "council-manager government."
Pursuant to this charter and subject only to the limitations imposed by the state constitution, the statutes of this state and by this charter, all powers of the city shall be vested in an elective council, hereinafter referred to as the "council" which shall enact local legislation, adopt budgets, determine policies and appoint the city manager, who in turn shall execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescribed by this charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance, the state constitution or the statutes of the state.
State law references: Form of government in home rule municipality, V.T.C.A., Local Government Code § 26.001.

Section 5.17. Results of recall election.
If a majority of the votes cast at a recall election shall be against the recall of any officer named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before.
If a majority of the votes cast at such an election be for the recall of any officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled as provided by Section 2.03 of this charter.

Section 2.03. Vacancies in council.
A vacancy in the city council shall be filled by a person of the city, having the qualifications of a councilman, by a majority vote of the remaining members of the city council. Where more than one vacancy shall exist at any one time, than [then] a special election shall be called in the next date authorized by state law and vacancies filled in the same manner as herein provided for general elections; provided however, if such vacancies occur within ninety days of the next general election, then no special election shall be called and the vacancies shall not be filled.
(Ord. No. 601)

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