Reprinted with permission from the author, Carol Spencer.
If you live in the City of Bastrop, you may remember quite a few charter amendments on your ballot last November. Two failed. All the rest passed.
November? That’s almost 3 months ago. Are the changes in effect yet?
Good question. So, let’s figure that out. State law allows charter changes to be placed on the ballot. Citizens vote. If citizens approve a change, there are other steps that must be taken before they are law.
According to Texas law: Title 2, Subtitle A, Chapter 9, Sec. 9.005(b):
Sec. 9.005. ADOPTION OF CHARTER OR AMENDMENT.
(b) A charter or an amendment does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the charter or amendment is adopted.
Has that been done? Well, it’s all a bit confusing and more of the sloppy government in the City of Bastrop that I’ve written about before.
- The election was November 5, 2024.
- On the November 12, 2024 City Council agenda was a draft “first reading” ordinance (2024-41) certifying the results of the election. This was deferred to a future meeting because final vote tally had not been sent to the City Council.
- On the December 10, 2024 City Council agenda was a draft “first reading” ordinance (2024-41) certifying the results of the election. All questions except J were approved by the City Council as canvassed.
- On the January 14, 2025 City Council agenda, more than 2 months after the election, was a draft of a resolution (rather than the previously adopted ordinance for second reading) (2025-07) certifying the results of the election.
- As written, that resolution provided for the “adoption of Propositions A, B,C, D, E, F, G, H, I, J, K, L, and M.
- On January 13, 2025, after reviewing the agenda, I emailed several City Council members and the Mayor letting them know that this verbiage was incorrect and that Proposition L had, in fact, been defeated by the voters. Further review showed that Proposition G had also been defeated.
- At the meeting of January 14, 2025, a motion was made to modify the City Secretary’s written resolution to provide for the “the adoption of Propositions A, B, C, D, E, F, H, I, J, K, , and M; and the rejection of Propositions G and L.”
- With that modification, the resolution certifying the results of the November 5, 2024 was finally adopted on January 14, 2025.
So, with all those delays, the City Manager bought almost three months more to move into the City limits. The current charter requires her to live in the City limits, but the City Council somehow gave her a pass. Voters reaffirmed that provision on November 5, 2024. So, has she moved into the City limits?
There are a couple of other legal steps once the Council has certified the results. Under Title 2, Subtitle A, Chapter 9, Sec. 9.007:
Sec. 9.007. CERTIFICATION OF CHARTER OR AMENDMENT.
(a) As soon as practicable after a municipality adopts a charter or charter amendment, the mayor or chief executive officer of the municipality shall certify to the secretary of state an authenticated copy of the charter or amendment under the municipality’s seal showing the approval by the voters of the municipality.(b) The secretary of state shall file and record the certification in his office in a book kept for that purpose.
And, last, the City Secretary must record the changes either on microfilm or in a “book kept for that purpose.” As of this writing, the changes have not been recorded on the City’s website.
Sec. 9.008. REGISTRATION OF CHARTER OR AMENDMENT; EFFECT.
(a) The secretary or other officer of a municipality performing functions similar to those of a secretary shall record in the secretary’s or other officer’s office a charter or charter amendment adopted by the voters of the municipality. If a charter or amendment is not recorded on microfilm, as may be permitted under another law, it shall be recorded in a book kept for that purpose.
City of Bastrop Voters: Stop ‘Council Majority’ Private Meetings
Vote YES on Proposition K – Keep Government Meetings Open to the Public!
Proposition K is about transparency. Right now, three out of five voting council members – the majority — can meet privately to discuss city business, out of the public eye. That’s not right.
Prop K fixes this by ensuring these meetings follow the Texas Open Meetings Act. It amends the City Charter to require a quorum for public business, meaning no more secret discussions.
This is a straightforward, common-sense measure supported by a super majority of the City’s volunteer Charter Revision Commission.
Your vote for Prop K is a vote for more open, honest government.
Let’s hold our elected officials accountable – vote YES on Prop K!
Need a reminder to share with your neighbors and friends? Print this flyer.
(Tap or click the image. On Windows, right click and choose to open in a new tab. Then, print from that browser window. Full size is 8.5 x 11. On Android, long press then choose to open the image in a new tab. Print from that browser window. You can also save the image to your phone or desktop and print from there.)
Questions? Comments? Contact us at [email protected]
Related post: https://bastropbog.com/uphold-the-win/
SPECIAL City Council Meeting
MONDAY • August 19 • 5PM
Deadline for Charter changes to be voted on if they’re to be on the November 5 ballot. See discussion below.
The agenda for Tuesday’s City Council meeting is online. You can read just the agenda or the entire packet (agenda with complete documentation).
Item 14D, Charter Changes, is critical to open government.
What are the recommendations that will affect open government? We discuss them below, but you can read through them all and determine if others are important to you.
You can comment on them via the City Council comments form. It’s best to fill it out online, indicate that you wish to speak, and also include your comments in case you don’t make it to the meeting, can’t get in, or change your mind about speaking. (See our previous post on this topic.)
PLEASE NOTE: The City Council can ignore the recommendations of their appointed Charter Commission. (See our previous post on this topic.)
QUORUM: By a vote of 11-2, this modified amendment was APPROVED by the Commission.
Prop. 5: Shall Section 3.13 of the Charter be amended to specify that 3 members of the Council shall constitute a quorum?
THIS IS THE MOST IMPORTANT CHARTER CHANGE! Under the current Charter, a voting majority of three Council members can meet in private. This amendment would stop that, making a quorum four members for all City Council meetings, but three members at all other times. A voting majority could no longer meet in private, outside of a public meeting.
TWO READINGS: By a 12-0 vote this amendment was REJECTED by the Commission.
Prop. C: Shall Section 3.15(b) of the Charter be amended to authorize the city council to waive by an affirmative vote of four (4) or more Council Members the requirement that an ordinance be read in two separate meetings?
The point of two readings is so that the public has an opportunity to know what the City Council is considering and come to a future meeting to be heard on the subject. The City Council appointed Charter Commission REJECTED this proposal.
P&Z MEMBERSHIP: This amendment was REJECTED by the Commission.
Prop. I: Shall Section 12.01 of the Charter be amended to provide that the number of Planning and Zoning commissioners shall be established by ordinance?
[NOTE: In the Commission’s second meeting, a motion was made to leave the number of Planning and Zoning Commissioners as stated in the Charter. It was approved on a vote of 12-0.]
In the Commission’s second meeting, a motion was made to leave the number of Planning and Zoning Commissioners as stated in the current Charter. This motion was approved on a vote of 12-0. The City Council appointed Charter Commission wants the P&Z membership left as is.
BOARD APPOINTMENTS: By a vote of 11-1, this amendment was APPROVED by the Commission.
Prop. 1: Shall Section 3.01 of the Charter be amended to clarify that the Mayor appoints candidates to serve on boards (committees, commissions, task forces, etc.) and the Council confirms the appointment?
This will provide clarity given imprecise language in Sections 3.01(5) and 3.08. The City Council appointed Charter Commission APPROVED this proposal. An alternative to allow 2 City Council members to appoint was REJECTED.
CHARTER REVIEW: By a vote of 10-1, this modified amendment was APPROVED by the Commission.
Prop. 4: Shall Section 3.09 of the Charter be amended to mandate that the City Council must appoint a Charter Review Commission every six years?
This mandates that a citizens Charter Review Commission be appointed to conduct the assessment. The City Council appointed Charter Commission APPROVED this proposal.
Tuesday, August 13, brings another Bastrop City Council meeting. While the focus of the news often is squarely on national politics, the decisions of your local city council directly affect your day to day life.
So, how to keep up? First is to download and read the agenda. Agendas must be online 72 hours prior to the start of a City Council meeting. They typically are up on Friday afternoon before a Tuesday regular meeting.
Go to CityofBastrop.org. Click “Government”, then “City Council”.
From the left menu on the City Council page, select “2024 Agenda & Minutes” to review the agenda. Under “2024 Bastrop City Council Meetings”, select “Click here for Agenda and Packet“.
Amendments to the City Charter will be on the August 13 agenda, so if you want to read through the current City Charter, select “City Charter (pdf)”.
To register your wish to speak, or register your opinion on an agenda item, select “Council Request to Speak Form“. It’s fillable and can be submitted online.
DID YOU KNOW? If you right click a link on your desktop browser, you can choose to open it in a new tab.
There are two ways to speak at a City Council meeting.
For issues not on the agenda, you can choose to speak for up to 3 minutes on the topic of your choice under “Citizens’ Comments”.
For issues on the agenda, indicate the agenda item number in the box and whether you will speak in favor of or in opposition to that item.
You can also choose not to speak but to register your support or opposition to an agenda item.
You can download the agenda as a PDF, print it, and make notations on your copy. Bring it with you. Some copies will be available at the meeting, but not the full agenda packet for the public (only the agenda itself). The full packet includes all the reports provided to Council members ahead of the meeting so you can review what they have reviewed. The agenda includes links to the specific backup information for each item so you don’t have to wade your way through several hundred pages to find details on an issue.
Hopefully this post provides you with lots of information on how to be an informed citizen.