The City of Bedford will hold a General/Special Election on Saturday, May 4, 2024. In addition to being able to vote for the office of Mayor and Places 1 and 2 on the City Council, Bedford voters will also be able to vote on seven proposed amendments to the City Charter.
The City Charter is the primary legal document that establishes the framework and structure of how the City functions, outlining the City’s powers, organization, functions, and procedures. It is posted on the City’s website, along with the Code of Ordinances, at https://library.municode.com/tx/bedford/codes/code_of_ordinances?nodeId=PTITHCH.
Every 3 – 5 years, the City reviews its Charter to determine if any changes need to be made, through the formation of a Charter Review Committee. The proposed Charter amendments originated from discussions among the Charter Review Committee (CRC) members in 2022.
Charter Review Committee members passed along their recommended changes to the City Council. City Council members thoroughly discussed the suggested amendments during the November 7, 2023 special meeting and the January 9, 2024 regular meeting. To watch these discussions, visit the following links:
On January 23, the Mayor and City Council unanimously voted to approve the inclusion of the seven amendments on the May 4 ballot. If a voter wants to vote in favor of the amendment, they should vote “yes” and if they are not in favor, they should vote “no.”
Ballot Language: Shall Section 2.03 of the Bedford Home Rule Charter be amended to provide that members of the council shall be qualified voters of the city, who have been residents of the city for at least one (1) continuous year prior to being elected; and, be further amended to provide that if a Council member is convicted of a Class A or a Class B misdemeanor shall the Council member’s seat immediately become vacant?
Explained: Currently, the City Charter only addresses the removal of a City Council member if they are convicted of a felony (City Charter Article II, Section 2.03). If approved, this would put a formal process in place for the removal of a City Council member who is convicted of a Class A or Class B misdemeanor while in office.
Ballot Language: Shall Section 2.04 of the Bedford Home Rule Charter be amended by deleting language that provides that council member shall serve without pay or compensation and adding language that provides that members of the City Council shall receive a stipend of $1.00 per month?
Explained: Under State law, Cities can be liable for property damage or personal injury caused by the City. Under the same law, if a lawsuit names the City and/or the employee(s) as a defendant, the lawsuit against the employee(s) must be dismissed immediately. Several court rulings have determined that City Council members who do not receive compensation for serving as a City Council member are not “employees” because they are not in the “paid service of the City,” and therefore may not be dismissed from the lawsuit if they are sued. If approved, this would allow the Mayor and City Council to receive $1 a month as paid service to the City.
Ballot Language: Shall a new Section 2.22 be added to the Bedford Home Rule Charter to establish procedures governing the removal of a City Council member from office in the event of forfeiture; requiring a sworn complaint, notice and the opportunity to be heard; and providing that removal shall be by simple majority vote of the council?
Explained: Currently, the City Charter does not outline a formal process for handling the removal of a sitting Mayor or City Council member, other than if they are convicted of a felony. If approved, this would establish a formal procedure for the removal of a sitting City Council member from office related to a violation of the City Charter.
Ballot Language: Shall Section 3.01 of the Bedford City Home Rule Charter be amended by deleting language that requires the City Manager to become a resident of the City during their tenure in office and adding language that requires that the City Manager shall establish residency within 30 miles of City Hall during their tenure?
Explained: Currently, the Charter states the Bedford City Manager must reside in Bedford at some point during their tenure. If approved, this would allow the Bedford City Manager to live within 30 miles of City Hall throughout his/her tenure as City Manager.
Ballot Language: Shall Section 3.07 (c) of the Bedford City Home Rule Charter be amended to provide that the city attorney shall be appointed to or removed from office by a minimum of four (4) affirmative votes of the city council?
Explained: Currently, the City Charter states the city attorney can be appointed or removed by a “vote of the City Council.” If approved, this would establish a specific vote count for the appointment and removal of the City Attorney by a majority vote of the Mayor and Council. The current City Charter Section 3.07 does not specify whether the vote needs to be a simple majority, super majority (6 affirmative votes), or unanimous.
Ballot Language: Shall Section 8.02 of the Bedford Home Rule Charter be amended to provide that the municipal judge shall be a competent practicing lawyer who is either a qualified voter and who has been a resident of the city for at least one (1) year; or, who maintains or is employed at a law office with a physical street address located in Tarrant County; and, be further amended to provide that, if appointed to office, the municipal judge shall serve at the discretion of the city council and may be removed after notice and an opportunity to be heard at a public hearing?
Explained: Currently, the City Charter requires the municipal court judge to be a resident of Bedford for one year. If approved, the municipal court judge would be required to either: 1) be a resident of the City for one year; or 2) maintain or be employed at a law office with a physical street address in Tarrant County.
Ballot Language: Shall Section 9.04 of the Bedford Home Rule Charter be amended to delete the requirement that the widening, narrowing, re-locating, vacating or change in the use of any street, alley or public way, or ground or the sale of any public building, or real property, shall be subject to submission and approval by the planning and zoning commission, and failure to approve may be overruled by the city council?
Explained: Currently, the City Charters states the widening, narrowing, re-locating, vacating, or change in the use of any street, alley, or public way, along with the ground sale of any public building or real property shall be subject to submission and approval by the Planning and Zoning Commission and failure to approve may be overruled by the City Council. If approved this measure would authorize the removal of this language. Under State law, the Planning and Zoning Commission serves in legislative and ministerial capacity only, it does not exercise authority over the City’s property ownership, as is the case in the current City Charter.