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Flower Mound voters to consider charter changes

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vote_ballot_paperIn addition to voting for federal, state and county level candidates on Nov. 8, a special election ballot will allow Flower Mound residents to determine whether to amend the Town Charter.

Flower Mound’s first Home Rule Charter was adopted in 1981 and has been amended five times since adoption; most recently in 2012. The Town Charter defines the organization, powers, functions and essential procedures of Flower Mound’s government.

A six-member Charter Review Commission was appointed by the Town Council in March 2016. The Commission held regular meetings and multiple public hearings to solicit community feedback for recommended changes to the Charter. The Commission presented their recommendations to the Town Council in July 2016.

There will be eight Charter amendment proposals on the November ballot. Each proposition is required to be voted upon separately.

PROPOSITION 1—Town Council Term 

Shall Section 3.01 of the Flower Mound Home Rule Charter be amended to provide that an individual elected to serve on Town Council shall serve a three year term and to provide for a transition plan for implementing three year terms; and shall Section 3.02 be amended to provide term limits of no more than two full consecutive terms and allow an additional two terms if a councilmember becomes mayor; and shall Section 3.03.1 be amended to comply with the Texas Constitution regarding vacancies on Town Council?

Impact: Increases the number of years from two to three years that a council member serves and allows for two additional terms if a council member becomes mayor; and, removes Charter provisions inconsistent with state law.

PROPOSITION 2—Candidacy 

Shall Sections 3.02.1 and 5.04 of the Flower Mound Home Rule Charter be amended to comply with state law to permit a Town employee to announce candidacy for elective office without forfeiting his employment with the Town and to clarify that employment with the Town will be forfeited only if the candidate is elected to office?

 Impact: Removes Charter provisions inconsistent with state law.

PROPOSITION 3—Procedure Determining Fortiture

Shall Section 3.02.3 be added to the Flower Mound Home Rule Charter and section 3.09 be revised to provide for a procedure for the Town Council to follow to determine whether a sitting councilmember should forfeit the office and to determine whether a sitting councilmember should be removed from office?

 

Impact: Establishes a process to be used in handling Charter violations by elected officials.

PROPOSITION 4— Publication of Ordinances

Shall Section 3.07 of the Flower Mound Home Rule Charter be amended to remove the requirement that all ordinances adopted by the Town be published except those ordinances required to be published by law?

Impact: Publications will be handled in compliance with state law.

PROPOSITION 5—Procedure for Removal of Municipal Judge

Shall Section 4.04.1 of the Flower Mound Home Rule Charter be amended by providing that the Town Council has the discretion to remove a duly appointed municipal judge after notice and an opportunity to be heard at a public hearing?

Impact: Establishes a process for removal of the municipal judge.

PROPOSITION 6—Petition Requirements

Shall Sections 6.02, 7.04, 7.05, and 7.15 of the Flower Mound Home Rule Charter be amended to modify the petition requirements related to signatures needed for recall, initiative, and referendum?

Impact: Five-percent of registered voters would be needed for initiative and referendum petitions. For a recall petition, fifty percent +1 of the number of the total votes cast for that councilmember and all of his/her opponents in the last contested general municipal election in which he/she was a candidate.

PROPOSIION 7—Parks, Arts and Library Services

Shall Section 8.04 of the Flower Mound Home Rule Charter be deleted in its entirety to remove the discussion of the Parks, Arts, and Library Services Board from the Charter to allow provisions governing such boards to be governed by Town Ordinance exclusively?

Impact: Allows the Town to rename the Parks, Arts, and Library Services Board to The Park Board, with the Cultural Arts Commission continuing to handle library and arts items.

PROPOSITION 8—Budget and Finance

Shall Section 9.10 of the Flower Mound Home Rule Charter be deleted in its entirety to remove the requirement that the Town budget be filed with various county and state agencies; and shall Section 9.14 of the Flower Mound Home Rule Charter be amended to allow transfer of funds between departments without the requirement of a budget amendment?

Impact: Removes Charter provisions inconsistent with state law and allows the Town the ability to transfer funds between departments without budget amendments.

 Early voting for the Nov. 8 election starts Oct. 24. For more information on the Charter election, voting calendar and locations, visit: www.flower-mound.com/elections or the Town Secretary’s Office at 972-874-6070 or theresa.scott@flower-mound.com.

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