1971 03 29 CC Minutes, Special�J
4958
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
March 29, 1971
The City Council of the City of Baytown, Texas met in special session on
Monday, March 29, 1971 at 5:00 o'clock p.m. in the Council Room of the Baytown
City Hall with the following members in attendance:
David Evans
Don Hullum
Leonary Stasney
Allen Cannon
C. Glen Walker
D. R. Voelkel
Howard Northcutt
W. R. Laughlin
Edna Oliver
Absent: Ted Kloesel
Lamar Kelley
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
Adm. Assistant
City Attorney
City Clerk
Councilman
Councilman
The Mayor called the meeting to order, then asked the City Attorney to
explain the reason for the special meeting.
Ruling U. S. District Court Judge Allen Hannay- Carl E. Connerton, Jr. Candidacy
City Attorney Laughlin reviewed the Civil Action of Carl E. Connerton, Jr.,
Plaintiff in challenging the constitutionality of the real property requirement
of the City's Charter and the refusal of the City Clerk to place his name on the
General Municipal Election ballot for the candidacy of Councilman, District No.
6. There has been a number of recent federal cases where the Court has held
that the political subdivision could not restrict the rights of the qualifica-
tions of those to run for public office and they have used a number of tests.
Primarily, the one that Judge Hannay used in this case is the so called
compelling interest test which requires a political subdivision to have parti-
cular qualifications which are established and required to be eligible to run
for a position. The Judge, in this case, had to consider whether or not he
felt that the City had compelling interest to require a standard or whether or
not to require that standard was inaffect discriminatory. The ruling of the
Court obviously is that the City has no compelling interest, that we cannot
show a compelling interest that you must own property in order to be a good
candidate to run for office. We have three alternatives: 1) to comply with
the Court's order add Mr. Connerton to the ballot and hold the election as
scheduled; 2) to refuse to abide by the ruling of the Court and to postpone
holding of the election and have our ffficers hold over until their replace-
ments are seated and appeal the case and have a decision on the merits; or 3)
to attempt to ignore the Federal order which, in the opinion of Mr. Laughlin,
cannot be done. It is binding upon the City, the Court had jurisdiction to
hear it and we would not be able to ignore the Court's order. Mr. Connerton
has waived any objection to absentee ballots already received by the City,
but a decision is needed from the Council so that the City Clerk will know
how to proceed.
The ruling of the Federal Court in the Texarkana case was to add the
candidate in the last position and the City Attorney was of the opinion that
this should be the order in this case. If all of the candidates of District
Six agreed to redraw for positions on the ballot, the City could have the
ballot altered in that manner but we would not be in a sound position if
even one candidate objected to do more than add Mr. Connerton's name to the
end. If his name is added to the ballot the City will forfeit its right to
appeal the case. Following a discussion on the right of appeal in this
case, Councilman Evans moved to proceed with the election and add Mr.
Connerton's name to the ballot. Councilman Hullum seconded the motion. The
vote follows:
Ayes: Councilmen Evans, Hullum and Cannon
Mayor Walker
Nays: Councilman Stasney
40 Minutes, March 29, 1971
4959
Connerton's Place on Ballot
Following discussion relating to Mr. Connerton's place on the ballot and
receiving approval from the three candidates from District 6, B. B. Williams,
Charles Gates and Daniel Savell, who were present at the meeting, Councilman
Cannon moved to add Mr. Connerton's name on the end of the ballot. Council-
man Evans seconded the motion. The vote follows:
Ayes: Councilmen Evans,
Mayor Walker
Nays: None
Adjourn
Hullum, Cannon and Stasney
There being no further business
time, Councilman Evans moved for the
seconded the motion. The ayes were
meeting adjourned.
ATTEST:
�w• A ' Q&1�
W
Edna Oliver, City Clerk
APPROVED:
William R. Laughlin, City Attorney
to come before the Council at this
meeting to adjourn. Councilman Hullum
unanimous and the Mayor declared the
C. Glen Walker, Mayor