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Council accepts Miller’s resignation amid confusion
Attorney Chris Hugg of the Law Offices of Louis T. Rosenberg addresses the Floresville City Council at its Dec. 12 meeting.
FLORESVILLE -- The Floresville City Council has officially accepted the resignation of former Place 1 Councilman Jim Miller. The 3-1 vote came at the Dec. 12 council meeting.
Councilman Eric Rodriguez cast the dissenting vote, after unsuccessfully moving that the council table the matter to obtain an opinion from the Texas Secretary of State. This is because more than two weeks had elapsed since Miller hand-delivered his resignation letter to City Hall Nov. 25. (See “Miller resigns amid deal with DA,” Dec. 4.)
The city’s home-rule charter prohibits more than one appointment per 12-month period. Charter Section 3.06 indicates that if a second vacancy occurs, the council “shall call a special election within 10 days from the date the last vacancy occurred.”
Rodriguez was appointed to fill a council vacancy Dec. 14, 2012.
Attorney Chris Hugg of the Law Offices of Louis T. Rosenberg -- the city’s legal counsel -- said that the provisions in Section 201 of the state’s Election Code required the council to accept the resignation. Furthermore, he said, the vacancy created by Miller’s resignation did not occur until its acceptance at the meeting.
Hugg also said that by the time the council could again meet, it could vote to appoint someone to the vacant seat, as 12 months will have passed since Rodriguez’s appointment. The council is set to hold a special meeting Dec. 19 at 7 p.m.
For more on the council’s Dec. 12 meeting, see article, this page.
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William J. Gibbs Jr.
December 18, 2013 3:24pm
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