-----Original Message-----
From: Nelson Thibodeaux [
mailto:nelson@localnewsonly.com]
Sent: Monday, November 05, 2001 12:18 PM
To: Bill Lindley
Cc: Linda Newton; Kimberly Burns Connor
Subject: Special Election

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 distinquish a Special election filling the remainder of a regular term. 
 
Therefore, LNO is inquiring as to why the winner of the Tuesday election is not sworn in Wednesday night.  In the past, the council canvassed the votes, those outgoing step down and 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 my knowledge, that the city intends to interpret the Charter differently than all other councils in the past. 
 
We would appreciate your input today on this matter .

----- Original Message -----
From: William Lindley
To: 'Nelson Thibodeaux'
Cc: Brad Rice ; Dana Feldman ; Donna Arp ; Ginny Tigue ; Donna Arp ; Joe Hocutt ; Dianne McWethy ; Cynthia Singleton
Sent: Monday, November 05, 2001 12:56 PM
Subject: RE: Special Election

Nelson,
 
Thank you for the email raising the question.  The City Secretary is already in the process of reviewing the City Charter in response to the same inquiry by LON. 
 
Thanks,
Bill 

-----Original Message-----
From: Nelson Thibodeaux [mailto:nelson@localnewsonly.com]
Sent: Monday, November 05, 2001 2:11 PM
To: Cynthia Singleton
Subject: Re: City Charter Section 3.01..Swearing in after election

LNO has had numerous inquiries concerning the swearing in of the victor from the Tuesday Special Election.
City Charter Section 3.01 establishes that the winner of elections shall be sworn in at the next scheduled council meeting.
I have e-mailed Bill Lindley an inquiry, however he may be extremely busy this morning and we have not received a response.
 
Can you direct me to how the decision not to swear in the winner at the Wednesday night meeting was made, as it appears to be stated in the Charter, was decided or where this interpretation may be wrong.

----- Original Message -----
From: Cynthia Singleton
To: 'Nelson Thibodeaux'
Cc: Dianne McWethy ; William Lindley
Sent: Monday, November 05, 2001 2:46 PM
Subject: RE: City Charter Section 3.01..Swearing in after election

Nelson,
 
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.
 
Thank you,

Cynthia Singleton
City Secretary
City of Colleyville
817.577.7589, extension 203
817.577.7555 fax
singletonc@ci.colleyville.tx.us


----- Original Message -----
From: William Lindley
To: 'Nelson Thibodeaux'
Cc: Brad Rice ; Dana Feldman ; Donna Arp ; Ginny Tigue ; Joe Hocutt ; John Orrell ; Cynthia Singleton ; Dianne McWethy
Sent: Monday, November 05, 2001 3:13 PM
Subject: RE: Special Election

Nelson,

 
I believe you should have received an email from Cynthia regarding your question.  I suspect your email was sent prior to receiving her information.  As her email explains, the delay in the Oath of Office is a result of the state requirements regarding the time period that election results can be canvassed.  Obviously the election results must be canvassed prior to the person being sworn into office.
 
Thanks,
Bill