1971 04 05 CC Minutes, Special41-
4960
MINUTES OF A SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
April 5, 1971
The City Council of the City of Baytown, Texas met in special session on
Monday, April 5, 1971 at 10:00 o'clock a.m., in the Council Room of the
Baytown City Hall with the following members in attendance:
Don M. Hullum Councilman
Ted Kloesel Councilman
_. Leonard Stasney Councilman
Lamar Kelley Councilman
C. Glen Walker Mayor
D. R. Voelkel
City Manager
W. R. Laughlin
City Attorney
Howard Northcutt
Adm. Assistant
Edna Oliver
City Clerk
Absent: David Evans
Councilman
Allen Cannon
Councilman
Eligibility of Thomas E. Gentry
Mayor Walker called the meeting to order, whereupon the City Attorney
was asked to comment on the subject before the Council, the ineligibility of
Mayoral candidate Thomas C. Gentry. Mr. Laughlin referred to a memorandum
concerning the legal requirements of any candidate for office of Mayor in
the City of Baytown. In the oath that was filed, the candidate certified
that he was qualified to hold office if elected. In addition he filed a
second form which set forth his resident address, voter registration number,
length of residence within the city limits and description of real property
owned by the candidate. There was no provision on the form relating to the
residency in the State. We have no right to make any false assumptions, but
our real position is that the candidate is given a copy of the charter, the
City Attorney is available to any questions that he may have concerning the
qualifications to run for office, he certified he was eligible when, in
fact, he was not. The mere fact that he is not listed on the public records
as a qualified voter which was not discovered until it was too late, has
made him ineligible. Where a candidate, or applicant, has said he is quali-
fied, his statement may not be contradicted except by public record and this
was not made known until Thursday, April 1, 1971.
He cannot be taken off the ballot once the absentee voting starts but,
if he should be in the run -off, following the canvass of the returns the
Council may mike a finding that he was not an eligible candidate or the
Council may choose to make a public statement to the affect. Councilman
Stasney moved that the Council take no action on this matter and leave it up
to the judgement of the press as to what they have heard here as to public
disclosure. Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Hullum, Stasney and Kelley
Mayor Walker
Nays: None
Adjourn
rThere being no further business to come before the Council at this time
#f the motion was made and seconded that the meeting adjourn. The ayes were un-
animous and the Mayor declared the mew �g a 'o ned %
C. Glen Walked, yo1�a r
ATTEST:
le
Edna Oliver, City Clerk-
APPROVED:
William R. Laughlin, City Attorney