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Wednesday, May 22, 2013
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Jim Miller
Floresville, TX
December 17, 2011 9:15am
New Person and Persons following the Recall:
The process (Defined in the Floresville City Charter) is as follows:
- A 45 day period exists to obtain the required signatures;
- The petition, with the required signatures, is presented to the City Secretary. The City Secretary has 10 days to validate the signatures, and once validated (A process we expect to have to fight in court) it is placed on the agenda of the next regularly scheduled City Council Meeting where a Public Hearing is scheduled within the next 5 business days;
- At this public hearing those public officials identified in the petition are afforded the opportunity to defend themselves against the charges in the petition. (This hearing has no impact, positive or negative, on the requirements that follow.);
- If, in the 10 days following the Public Hearing these officials do not resign from office, at the next regularly scheduled City Council Meeting a the City Council will schedule a special election in accordance with State Law. However, if the City Council does not schedule a Special Election at this meeting a writ of mandamus can be obtained, ordering the City Council to schedule a Special Election (Another process we expect to have to pursue through the courts);
- As the petition is a single petition calling for the Recall of the Mayor and each and every member of the City Council, the Special Election ballot will provide the option of Yes or No to the petition. It will not provide the option of selecting which members to recall;
- The Texas Attorney General has already ruled that if the majority of the votes cast call for the recall, those public officials recalled are immediately removed from office once the vote has been canvased;
- If successful this could leave the City of Floresville without a governing body. However, at this time we will petition a Judge to appoint a receiver (interim city council) to serve until the next Special Election where the positions of Mayor and City Council will be filled by the voters of the City of Floresville.
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