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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