CITY OF KATY (Covering Katy News) — One-hundred people packed the room Tuesday night to hear from the seven living former mayors of Katy explain why they oppose the city charter amendments placed on the May 3 ballot by city council members Dan Smith, Chris Harris and Rory Robertson.
A city charter establishes the framework for how a local government operates, including the structure of the city council, the roles of the mayor and other officials, election procedures and various administrative processes.
The meeting, held at Midway BBQ, 6191 Highway Blvd., was presented as an information session on the proposals and what they would mean for city government if passed. Kayce Heinz, a former tourism and marketing director for the city, provided a presentation and took questions from residents, with the mayors also sharing their views.
The information session follows a statement made last week by the mayors expressing their opposition to the proposals and their concern that Smith, Harris and Robertson never followed protocol by getting approval from the Charter Review Commission, which is not required by law but has historically been considered a best practice.
Also read: Former Mayors Issue Statement opposing proposed charter amendments
The former mayors — Skip Conner, Hank Schmidt, Doyle Callender, Don Elder, Fabol Hughes, Chuck Brawner and Bill Hastings — attended Tuesday's meeting. Brawner was a principal organizer of the event and was pleased with the turnout and support for Mayor's positions.
"We had campaign yard signs (advocating a no vote) and they took every one of them," Brawner said of those in attendance.
Incumbent Mayor Dusty Thiele welcomed everyone and was there for the start of the meeting. In a recent candidate profile story, Thiele said he opposed the proposals and was disappointed how the Charter Review Commission was bypassed. Conner chaired the commission.
His opponent, Michael Payne, attended the meeting and said he supported proposals B and C. The candidate profile story features both the legal language for and a summarization of each proposal.
Reviewing the Proposals
Proposal opponents and proponents have formed political action committees at Katy City Hall to advocate their positions.
Charter Proposition A would enable the mayor pro tem to keep his or her vote at a council meeting, but remove veto authority, when presiding in the absence of the mayor.
Heinz criticized what she characterized as misleading claims from proponents suggesting the proposition is necessary to "keep city government running" during the mayor's absence. Heinz says city government continues running regardless of the mayor's location.
"The existing charter already specifies that when the mayor is absent, the mayor pro tem assumes the presiding role. Government operations continue uninterrupted regardless," Heinz said.
Katy residents Brenda Martin and Kathy Smith, who is the wife of council member Dan Smith, favor the proposals and have circulated a letter explaining why.
"This amendment (Proposition A) simply clarifies the mayor pro tem's authority to count toward a quorum and vote during the mayor's absence, while maintaining consistent city operations," Martin and Smith wrote.
Charter Proposition B would no longer require the immediate resignation of a mayor should he or she choose to seek another office if the unexpired mayoral term is less than one year, 30 days.
Charter Proposition C is similar but applies to council members.
Payne said he supported these proposals because they address a state constitutional question from the early 2000s. He said that Katy, having three-year mayoral and council terms, had to align with the constitution or risk a lawsuit from the state.
Martin and Smith wrote that these amendments "align the city charter with the Texas Constitution and would ensure that a mayor or council member vacancy is limited."
Heinz said that claim was false because Katy, as a home rule city, can implement restrictions that are stronger than the Texas Constitution. It simply can't have rules that are weaker than those required by the constitution.
Charter Proposition D would eliminate the mayor's right to unilaterally fire department heads by giving them the right to appeal to city council. It would give council members the right to reinstate those individuals against the wishes of the mayor.
Martin and Smith wrote that the amendment ensures that appointed city department heads could not be fired without a chance to appeal.
But, should that happen there could be a department head who refuses to follow the orders of the mayor with no recourse for the mayor.
Martin and Smith say the amendment "protects the stability and professionalism of these leadership roles that run the day-to-day operation serving the citizens, ensures these professionals are not subjected to unilateral political whims," Martin and Smith wrote.
Brawner says there's never been a situation where Katy mayors fire department heads on a political whim. He agrees with concerns that Proposition D could lead to instability and dysfunction where a department head refuses orders from the mayor because he or she is protected from being fired by members of city council.
Charter Proposition E would lengthen city council members' total possible time in office from six years to 12 by increasing term limits from two three-year terms to four three-year terms, inclusive of time served.
Elder said he and other city leaders worked together to do what was best for the citizens of Katy while they were in office. He questioned the motives of the three council members who want to double their time in office.
"When this comes up and you want to serve 12 consecutive years as a city council person, it runs up a red flag," Elder said.
Martin and Smith wrote that the amendment ensures voters can re-elect strong leaders while preventing anyone from staying in power indefinitely.
How to vote in Katy’s May 3 municipal election
Absentee voting runs from April 22-29. For a list of polling locations, see the city’s elections page.