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VideoFound: Male brindle Boston Terrier, Lake Valley Estates Subdivision, sweet and friendly but misses his family! Call 210-744-6072.

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Jim Miller  
Floresville, TX  
September 13, 2012 5:22pm
Sports Complex at All Costs!

The Mayor attempted to sue the entire City Council to get his way, then at the last minute withdrew his case. Now what actions will the Mayor take? And at what cost?

The Floresville City Charter in Section 3.02(g) Qualifications states “No city official can run for an office that will run concurrent with the office currently held by that official unless that city official resigns from his or her current office.”

The Texas Constitution in Article 16, Section 17. States “All officers within this State shall continue to perform the duties of their offices until their successors shall be duly qualified.”

The Texas Constitution in Article 21, Section 11. (Term of Office Exceeding Two Years in Home Rule and General Law Cities; Vacancies) (This applies to Mr. Gomez as his term began in May of 2011 and does not end until November 2013) States “. . . any vacancy or vacancies occurring on such governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy or vacancies occur.”

Mr. Gomez has in-fact resigned his position on the Floresville City Council so that he could begin a campaign for the Office of Mayor. Article 21, Section 11 of the Texas Constitution spells out that the City Council CAN NOT appoint his replacement and that such a replacement must be selected by the majority voters in a Special Election. The soonest a Special Election to fill this vacancy could be held (In Accordance with Uniform Election Dates) would be May of 2013.

Furthermore, Article 16, Section 17 of the Texas Constitution, commonly referred to as the “Hold Over Provision” allows for Mr. Gomez to continue duties as a Councilman until his replacement has been elected.

Now what remains in question, as he is in obvious violation of the City Charter’s Qualifications; can he be seated as Mayor should he win or can he participate in a runoff election should no candidate receive 51% of the vote in the General Election? There are numerous opinions by the Office of Texas Attorney General that could be the basis for legal action contesting his election. Only the other candidates for Mayor could initiate such an action.

What does all of this tell us? Yes, Tyra, it is indeed a sad day in Floresville! The Mayor has again demonstrated that we the people do not matter and that it is his agenda at all costs. He will stop at nothing to get his way. He has now gone so far as to have potentially and very probably sacrificed the candidacy of Mr. Gomez for Mayor for the sole purpose of acquiring a quorum to push his sports complex.

Jim Miller
Citizen, Registered Voter, Business Owner, and
Candidate for City Council, Place #1
(830) 534-5251

On Facebook: Jim Miller for Floresville
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