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File #: OR-25-003    Version: 1 Name: Ordering the May 3, 2025 Special Election - Recall
Type: Ordinance Status: Passed
File created: 1/7/2025 In control: City Council
On agenda: 2/4/2025 Final action: 2/4/2025
Title: Consider an ordinance ordering the May 3, 2025 Special Election for the purpose of determining whether District 4 Councilmember, Michael Boyd, will be recalled.
Sponsors: City Secretary, City Council
Attachments: 1. Ordinance, 2. Exhibit A - Order of Special Election For Municipalities, 3. Official Memorandum - Recall Petition Certification, 4. Presentation

Title

 

Consider an ordinance ordering the May 3, 2025 Special Election for the purpose of determining whether District 4 Councilmember, Michael Boyd, will be recalled.

 

Body

 

DATE:                     February 4, 2025                     

 

TO:                     Kent Cagle, City Manager                     

 

FROM:                     Laura Calcote, City Secretary                     

 

SUBJECT:                     Ordering the May 3, 2025 Special Election for the purpose of determining District 4 Councilmember Recall                     

 

BACKGROUND AND FINDINGS:

 

The Texas Election Code, Chapter 3, provides for the ordering of an election not later than the 78th day before a uniform election date.  In addition to any other elements required, each order must state the date of the election and the offices or measures to be voted on at the election.

 

On Friday, July 26, 2024, a recall affidavit was filed by elector, Mellisa Brown, with the Office of the City Secretary requesting the resignation or recall of District 4 City Councilmember, Michael Boyd.  Two hundred two (202) signatures of qualified electors from District 4 were required on the recall petition.  On Wednesday, August 28, 2024, the recall petition was returned, with a total of three hundred forty-one (341) signatures.  Review of the submitted petition was completed by the Office of the City Secretary as required by the City Charter, Section 114.  The petition included two hundred eighteen (218) signatures of qualified electors within the respective district.  One hundred twenty-three (123) signatures were unqualified.

 

The City Secretary certified the recall petition to City Council on Tuesday, September 17, 2024.  Councilmember Boyd had the option to resign his position within five (5) days of the petition certification.  Since Councilmember Boyd did not resign, the City Charter states the Council shall order and fix a date for holding a recall election on the first authorized uniform election date, which will be Saturday, May 3, 2025.

 

THE ALTERNATIVES CONSIDERED:

 

N/A

 

Which alternative is recommended? Why?

 

N/A

 

CONFORMITY TO CITY POLICY:

 

This ordinance conforms to Article IX (Nominations and Elections) and Article X (Initiative, Referendum and Recall) of the City Charter, authorizing the calling of an election to be held on a uniform election date provided for in the Texas Election Code.

 

FINANCIAL IMPACT:

 

What is the amount of the revenue/expenditure in the current fiscal year? For future years?

 

The cost of conducting this Special Election will be absorbed within the existing budget for the

upcoming General Election, as it will be held concurrently with the scheduled General Election.

 

Is this a one-time or recurring revenue/expenditure?

 

A special election is typically a one-time expenditure, held as needed. However, since this Special Election will coincide with the scheduled General Election, there will be no additional cost incurred.

 

Is this revenue/expenditure budgeted?

 

Yes.

 

If not, where will the money come from?

 

N/A

 

Is there a sufficient amount in the budgeted line-item for this revenue/expenditure?

 

Yes.

 

RECOMMENDATION:

 

Staff recommends City Council approve the ordinance ordering a May 3, 2025 Special Election for the purpose of determining whether District 4 Councilmember Michael Boyd will be recalled.

 

DEPARTMENTAL CLEARANCES:

 

Finance

Legal

 

ATTACHED SUPPORTING DOCUMENTS:

 

Ordinance

Exhibit A - Order of Special Election for Municipalities

Official Memorandum - Recall Petition Certification

Presentation