Proposed charter would make Diboll home rule city
By Jerry Gaulding Editor, Free Press

Greater annexation powers, needed for self-defense, are the primary argument in favor of Diboll becoming a home rule city, Jimmy Cassels, city attorney, told the city's Home Rule Commission Thursday night, March 20.

Lufkin is growing to the south, Cassels asserted, and if Diboll is unable to annex property into the city, eventually Diboll's current northern city limit will be Lufkin's southern limit.

The Home Rule Commission was appointed by city council earlier this month to draft a proposed city charter to be voted on in the May 10 municipal election. If voters approve the charter, Diboll will become a home rule city, with greater powers than that enjoyed by a general law city, which Diboll now is.

General law cities operate under the state constitution and state law. If a governmental power is not specifically spelled out in state law, a general law city may not carry out that power. Home rule cities operate under charters adopted by its citizens and have much greater flexibility and authority.

Cities with populations of 5,000 or more may become home rule cities. Once a home rule charter is adopted, the city keeps that status even if its population declines below 5,000. City charters may be amended by popular vote.

"The huge difference is annexation ability," Cassels said. "Lufkin is coming this way." People now outside the city eventually will be "either in Lufkin or in Diboll," Cassels said.

The city of Burke would not get in the way of a Lufkin expansion because Lufkin supplies water to Burke. Faced with the choice of losing their water or dis-incorporating, Burke likely would vote for the latter, Cassels speculated.

A general law city may not annex property unless a property owner requests it. Home rule cities may annex in a number of ways. Approval of residents in an area to be annexed not always is required.

However, the bulk of discussion at the meeting concerned the composition of city council, now five members elected at-large and the mayor, who votes only to break ties. City government is the council-manager system, with council setting policies and a professional city manager directing day-to-day operations.

Commission members favored keeping the council-manager system virtually without discussion. Then member Morris Tate proposed that council under the proposed charter be expanded to six mem

bers and the mayor, with four elected from districts and two atlarge, along with the mayor.

Members discussed whether the mayor should have a vote on every issue or continue only to break ties, and how long his term should be. Tate and the Rev. Leonard Robison pushed for a four-year term, arguing that consistency and expertise would be boosted with a longer-serving mayor. Dave Martinez argued the other way, saying he didn't see the difference between the mayor and council members.

However, on a show-of-hands vote, Martinez was alone in opposing a four-year mayoral term. The four by district, two at-large council format also was approved. Council members would continue to serve two-year terms and terms will expire on a staggered basis, two district and one at-large seat coming up each year. The mayor would be a voting member of the council.

Members also decided to put in a restriction on city employment and holding office. Under the proposal, a council member would have to wait a year after leaving office before seeking a job with the city. Likewise, a city employee would have to quit and wait a year before running for the council.

Although the intent of the commission is to have a charter proposal placed on the May 10 city election ballot, Cassels told members that the proposed charter, by law, must be presented to voters at least 30 days before the election, so the draft charter must be adopted by the commission no later than April 10, meaning the commission has only about 14 working days to do its work. Delaying the charter vote until November is an option, Cassells said. May and November are the only dates allowed by the state for such an election, said City Manager Kenneth Williams.

Cassels, however, promised to work on a draft over Easter weekend, even if it made his wife unhappy, and present it to the commission at a meeting at a later date. No time for the next meeting was set.