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Monday, November 5, 2001

Colleyville City Manager Questioned About Timing of Seating New Council Member

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Based on subscriber input, LNO has made inquiry to the Colleyville City Manager concerning the Wednesday night City Council Agenda.  The agenda makes no reference to a canvass of the vote and swearing in of the newly elected member from Tuesday's Special Election.

LNO contacted the City Manager and City Secretary by e-mail on Monday morning.

The content of the inquiry was as follows

Page 4 of the City Charter Book under Section 3.01 reads as follows:
 
Regular terms of office shall commence at the beginning of the first regular meeting of the Council following the election as provided in  Article 4.
 
There is nothing in Article 4 that would distinguish a Special election filling concerning the remainder of a regular term.
 
Therefore, LNO is inquiring as to why the winner of the Tuesday election is not on the agenda to be sworn in Wednesday night. LNO understands, in the past, the council canvassed the votes and those outgoing step down.  Then the new member is sworn in at that time.
 
The actions of not swearing in the newly elected member on Wednesday appears in conflict with the City Charter and no public notice has been put out, to the knowledge of LNO, that the city intends to interpret the Charter differently. 
 
Former Mayor Ed Baker confirmed to LNO that, while there have been changes to the City Charter, the swearing in time frame has not been changed.  Mayor Baker indicated that he had attempted to contact the City Manager over the weekend at home and at the office Monday morning, however was not successful.

The City Secretary has provide a response that would indicate the City Charter is in conflict with the State Election Code as far as the ability to canvass and swear in at the next regular meeting.  Cynthia Singleton responded at 5:47 PM as follows:

The election results must be canvassed prior to the Oath of Office being administered to the newly elected official.  According to the election code, "each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not earlier than the third day or later than the sixth day after election day".  You may contact the Secretary of State's office at 1.800.252.8683, if you need additional information.
 

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