Title
Consider options regarding Proposition A and the initiative ordinance to eliminate low-level marijuana enforcement, and discuss any Councilmember concerns about Proposition A.
Summary
DATE: November 22, 2022
TO: Kent Cagle, City Manager
FROM: Holli Clements, City Attorney
SUBJECT: Options regarding Proposition A and the initiative ordinance to eliminate low-level marijuana enforcement
BACKGROUND AND FINDINGS:
On May 25, 2022 an initiative petition to eliminate low-level marijuana enforcement was filed with the City Secretary's office. The City Secretary certified that the petition was filed and completed as required by the City Charter. The City Council did not pass the initiative ordinance. The Charter states that if the Council fails to pass an initiative ordinance or passes it in a different form, the proposed ordinance shall be submitted to the electors. Therefore, as required by Section 107 of the Charter, the proposed ordinance was submitted to the electors. A majority of electors voted in favor of the ordinance and a separate item to canvass the election is on the agenda.
While the Charter does not allow the initiative ordinance to be amended before an election without the original proposed language being submitted to the electors, Section 110 of the City's Charter states that an initiative ordinance adopted by the electors may be amended or repealed by the Council after an election as is the case with any other ordinance.
The initiative ordinance includes the following provisions:
* prohibits Killeen police officers from issuing citations or making arrests for Class A or B misdemeanor possession of marijuana offenses except in limited circumstances;
* prohibits Class C citations for drug paraphernalia in lieu of a possession of marijuana charge;
* prohibits the use of city funds or personnel to perform testing to confirm whether a substance meets the legal definition of marijuana except in limited circumstances;
* prohibits Ki...
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