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2022 Charter Amendment Propositions
Background
The City of Balch Springs Charter requires that a Charter Review Commission be appointed to review the Balch Springs Charter and make recommendations about changes (if any) for consideration by the City Council. A 14-member Commission was appointed by Council on August 9, 2021, and met twelve times to review all sections of the Balch Springs Charter. At the January 10, 2022 City Council meeting, the Charter Review Commission presented Council with their recommendations for Articles 1-5 and on January 24, 2022, the City Attorney presented Council with recommendations for Articles 6-12. On February 7, 2022 the City Attorney presented the final report, which included 16 recommended amendments to Balch Springs Charter. Based on this recommendation, the City Council voted on February 14, 2022 to approve 14 amendments to present to the voters at a special election to be held on May 7, 2022.
What is A Charter?
A home rule charter for a city is similar in function to the constitution for the federal and state government. It is the document that establishes a city’s governmental structure and provides for the distribution of powers and duties. The City of Balch Springs, which was incorporated on September 6, 1953, held an election to adopt its charter and become a home rule city in 1989. It has subsequently been amended multiple times through various elections. The last Charter Review process occurred in 2016.
Calendar
Town Hall Meeting:
- April 14th, 2022 / 6:00 PM / Balch Springs Civic Center (12400 Elam Rd.)
Special Election Calendar:
- Last day to register to vote: April 7, 2022
- Early Voting: April 25 - May 3, 2022
- Election Day: May 7, 2022
Amendment Propositions & Impact Statements
| # | Proposition | Impact |
|---|---|---|
| A | Shall Charter Section 2.02 (City Powers) be amended to clarify that the City has all powers of self-government as provided by law, except where prohibited by the constitution or other law? | This amendment is reflective of the power of home-rule municipalities under the Texas Constitution art. XI section 5 and Local Government Code section 51.072. It clarifies that the City may exercise all powers of local self-government unless such power is prohibited by state law. |
| B | Shall Charter Section 2.03 (Eminent Domain) be amended to clarify that the City has the power of eminent domain, except where prohibited by the constitution or other law? | Texas municipalities have the power of eminent domain under Texas Local Government Code section 251.001, and this amendment clarifies the scope of the City’s eminent domain powers as a home-rule municipality and prohibits the City from using this power when such use is prohibited by state law. |
| C | Shall Charter Section 3.01(b) (Number, Selection, and Term) be amended to clarify that each councilmember has a term limit of three consecutive terms and that, if a term is shortened by redistricting or election to a different office or City Council place, the Councilmember shall be allowed to serve a full term in the new district, office or place? | This amendment clarifies that councilmembers are limited to three consecutive terms, applies that term limit regardless of place or office held by the councilmember, and provides a councilmember is entitled to a full term in a new place or office when the previous place or office was cut short by redistricting or an election. |
| D | Shall Charter Section 3.01(c) (Number, Selection and Term of the City Council) be amended to clarify that Place 1 shall be held by the Mayor elected at large in odd numbered years, place 2 Councilmember shall be elected at large in even numbered years, places 3, 5 and 7 Councilmembers must reside in those districts and be elected from those districts in odd numbered years, and places 4 and 6 Councilmembers must reside in those districts and be elected from those districts in even numbered years? | This amendment clarifies the Mayor’s position as Place 1 on the City Council and the timing of election and residency requirements for the Mayor and each of the council places. |
| E | Shall Charter Section 3.02 (Qualifications) be amended to provide that each single-member City Councilmember who relocates outside their district due to an “act of God” will be granted 6 months to relocate back to their district, and may by City Council majority vote be granted a further extension to relocate back to their district? | This amendment changes the number of months a councilmember may relocate outside of their district due to an “act of God” from 3 months to 6 months and authorizes the City Council, by a majority vote, to grant a further extension of this relocation time period. |
| F | Shall Charter Section 3.04 (Compensation) be amended (effective October 1, 2022) to provide that the Mayor receive $350 and Councilmembers receive $250 for attendance of regular Council meetings? | This amendment increases the compensation for attendance at regular council meetings, with the Mayor receiving $350 and Councilmembers receiving $250 for attending each regular council meeting. |
| G | Shall Charter Section 3.06(2) (Vacancies) be amended to state that any City Councilmember who has 3 consecutive unexcused absences of regular Council meetings can be removed by affirmative vote of the City Council? | This amendment changes the process by which a Council position is declared vacant based on three consecutive absences. Instead of automatically declaring a Council place to be vacant for missing three consecutive meetings and the Council then having to vote to allow a Councilmember to remain on the Council, under the amendment a Councilmember with three unexcused absences remains on the Council unless the Council votes to remove the councilmember. |
| H | Shall Charter Section 4.01(3) (City Manager Term and Removal) be amended so that the City Manager serves at the pleasure of the City Council who, by majority vote, can terminate the City Manager with or without cause? | This amendment removes the 3-year term limit requirement for the City Manager and provides that the City Manager serves at the pleasure of the Council. This amendment does not alter the Council’s ability to terminate a City Manager with or without cause. |
| I | Shall Charter Section 4.01(4)(j) (City Manager) be amended to delete an annual requirement for the City Manager to review and update the Personnel Handbook? | This amendment deletes from the charter the requirement for the City Manager to review and update the Personnel Handbook each year. |
| J | Shall Charter Section 4.05 (City Attorney) be amended so that the City Attorney serves at the pleasure of the City Council? | This amendment removes the 2-year term limit requirement for the City Attorney and provides that the City Attorney serves at the pleasure of the Council. |
| K | Shall Charter Section 5.02(5) (Filing for Office) be amended so that the City Secretary’s responsibilities and authority related to reviewing candidate applications and declaring an applicant ineligible to hold City office complies with the Texas Election Code? | This amendment clarifies that the City Secretary is required to review a candidate application for office to determine whether it complies with requirements as to form, content, and procedure that it must satisfy for the candidate’s name to be placed on the ballot and to notify an applicant if an application is rejected based on this review, as provided for the Texas Election Code section 141.032. Moreover, it limits the City Secretary’s authority and responsibility for issuing an administrative declaration and notice of ineligibility of a candidate, as provided for in Texas Election Code section 145.003. |
| L | Shall Charter Section 6.05(1) (Recall Petitions) be amended to provide that a petition seeking the recall of the Mayor or the other at-large City Councilmember contain no fewer than 50% of the qualified voter signatures who voted in the last general municipal election for the entire City, and a petition seeking the recall of a City Councilmember from a single member district contain no fewer than 50% of the qualified voter signatures who voted in the last election for that district? | This amendment changes the percent of qualified voters whose signatures are required to file recall petitions for the Mayor or at large Councilmembers, and clarifies the same is required for Councilmembers from single member district. |
| M | Shall Charter Section 7.02 (Planning & Zoning Duties and Powers) be amended to clarify the Planning & Zoning Commission may act as a final decision-maker when authorized by state law regarding platting and an ordinance adopted by the City Council? | This amendment clarifies that the Planning and Zoning Commission may act as the final decision-maker only in those matters where they are authorized to do so by state law and by an ordinance adopted by City Council. Under Local Government Code ch. 212, the Council may delegate platting authority to the Planning & Zoning Commission. |
| N | Shall Charter Section 10.06 (Notice of Claim) be amended to provide that the City is not liable for any claim for personal injury or death unless the claim is filed with the City within 90 days of the incident? | This amendment changes the time limit for filing a personal injury or wrongful death claim against the City from within 6 months of the incident to within 90 days of the incident. This amendment will help protect the City, its officials, employees and budget. |
Early Voting
April 25, 2022 - May 3, 2022
Location(s) of Early Voting Places:
- Balch Springs Civic Center / Meeting Room (12400 Elam Road, Balch Springs, Tx. 75180)
- (OR) Any Dallas County Early Voting Locations. Get a full list at www.dallascountyvotes.org
| April 25th - 29th | Monday - Friday | 8:00 AM - 5:00 PM |
| April 30th | Saturday | 7:00 AM - 7:00 PM |
| May 1st | Sunday | 12:00 PM - 6:00 PM |
| May 2nd - 3rd | Monday - Tuesday | 7:00 AM - 7:00 PM |
Election Day
May 7, 2022 - Polls are open from 7:00 AM - 7:00 PM
Location(s) of Election Day Polling Places in the City of Balch Springs:
- Hodges Elementary School / Cafeteria Stage (14401 Spring Oaks Drive, Balch Springs, Tx. 75180)
- Balch Springs Recreation Center / Meeting Room (4372 Shepherd Lane, Balch Springs, Tx. 75180)
- Balch Springs Civic Center / Meeting Room (12400 Elam Road, Balch Springs, Tx. 75180)
- Hickory Tree Baptist Church / Fellowship Hall (3200 Hickory Tree Road, Balch Springs, Tx. 75180)
- (OR) Any Dallas County Voting Locations. Get a full list at www.dallascountyvotes.org
Members of the Charter Review Commission
| Steven Gorwood, Chairperson | Veronica Salinas |
| Myesha Applewhite, Vice-Chairperson | David Stone |
| Felicia Rettig | Suzanne Thomson |
| Lavida Davison | Johnny Adams |
| Meg Comstock | Tab Plummer |
| Lana Chambless | Troy Coffelt |
| Donna Greenlee | Ian McCluskey |