The Donna Election in Question
DONNA — Thanks to a fast-track ruling handed down last week by the 13th Court of Appeals, the Donna City Council ordered a Nov. 5 election for Places 2 and 4 during a special-called meeting Monday.
The forced decision was unanimous after the city council voted 4-1 two weeks ago to not hold an election until 2025. The appellate court’s ruling put to rest a dispute between the mayor and four council members regarding a proposition passed in 2021 that increased the elected terms in office from three years to four.
The Big Question
At the center of that council clash was the burning question: Did the change approved by voters in 2021 (Proposition A) include the two council members voted into office that same year — Joey Garcia, Place 2; and Oscar Gonzales, Place 4 — who were running under the old rubric — three-year terms?
After the Aug. 5 vote by the Donna City Council, 4-1, which negated an election this November, Manuel “Manny” Moreno, the mayor’s brother, filed a petition Aug. 13 for (a) writ of mandamus with the 13th Court of Appeals, seeking to compel the Donna City Council to order a municipal election this November pursuant to the Texas Election Code.
In an opinion filed Aug. 16, the court (Justices Benavides, Longoria, and Silva) wrote:
“The Court, having examined and fully considered the petition for writ of mandamus, the City’s response, and the applicable law, is of the opinion that relator (“Manny” Moreno) has met his burden to obtain mandamus relief. Accordingly, we conditionally grant the petition for writ of mandamus, in part, and we direct the City to call an election in accordance with its City Charter. We are confident that the City will comply, and our writ will issue only if it does not. Because of the exigent deadlines present in this election case, we will not entertain a motion for rehearing or reconsideration.”
That was indeed cutting it close since the deadline to file for an election was this Monday, Aug. 19th. Hence the special-called meeting.
Now, voters will have to decide whether Place 2 Councilman Joey Garcia and Place 4 Councilman Oscar Gonzales should serve another term or replace them with Art Mendoza who has filed to run against Garcia; or Manuel “Manny” Moreno who has filed to unseat Gonzales.
The Legal Opinion
In its written opinion explaining why the court was granting Moreno’s petition, requesting that an election be called this year, the appellate court wrote:
“…with the November 2024 election approaching, the Mayor and City Council began considering whether the two council members elected in 2021, Gonzales and Garza, had been elected for three-year terms, as provided in the existing City Charter, or four-year terms, as provided by the amendment to the City Charter approved by voters in the 2021 election. Thus, the Council asked the City Attorney for Donna, Robert J. Salinas, for an opinion regarding this matter.”
Turns out, according to the 13th, the opinion subsequently provided by the city attorney, Robert J. Salinas, was spot on.
More from the 13th:
“In a July 21, 2022 letter directed to the Mayor, Salinas provided the (city with an opinion):”
That opinion from Salinas, as it turned out, held no ambiguity:
“You (meaning the city council) have requested a legal opinion on the applicability of a referendum election held in Donna on November 2, 2021, extending the terms of office of its governing body from 3 years to 4 years. You particularly ask ‘must the members of said body stand for election held after the referendum to approve the extension in order for their respective length of their terms to office to be that of the newly enacted term length.”
Meaning, since Proposition A had won voter approval in 2021, could the three-year terms won by Gonzales and Garza that same year automatically segue into four-year terms without having to run in 2024?
Salinas then gave his opinion:
“The extension of the term of office is not applicable to the office holders elected at the election in which the referendum calling for the extending of the terms of office (Joey Garcia and Oscar Gonzales). That is, UNLESS the referendum wording specifically made the extension applicable to the current office holders. The referendum approved by Donna voters at the election of November 2, 2021, does not contain such specificity.”
Because the city council asked Robert Salinas to also seek advice from the Texas Municipal League (TML) regarding the matter, he did, and got back basically the same answer he had already provided: “Because the ballot language (Proposition A) was not clear, the increased terms should not apply to those councilmembers elected in the same election (Joey Garcia and Oscar Gonzales) as the (2021) charter amendment. Those councilmembers would need to run for reelection at the end of the old terms.”
Meaning, November 2024.
In this Donna case, because time was such a factor, a writ of mandamus was appropriate, seeking immediate relief by “Manny” Moreno.
In legalese, a writ of mandamus is:
“… an order from a court to an inferior government official (or any public entity or governing body) ordering the government official to properly fulfill their official duties or correct an abuse of discretion.” (Source: Legal Information Institute.)
So now the politiqueras can get to work, the political signs erected in Donna.
Let the show begin.