Question about the 2024 election

When Donna voters approved a city charter amendment in November 2021, Proposition A, which extended the terms of office for the mayor and city councilmembers from three years to four, did they expect that it would also include the two seats up for grabs that same year — Place 2, won by Joey Garza; and 4, won by Oscar Gonzales?

Some say, yes; some say, no. Nevertheless, Garza and Gonzales ran on a three-year ticket. That much is clear.

Now the question is, can they stay on the council for four years instead of three, courtesy of Proposition A?

During a special city council meeting last week, Aug. 5, the mayor, David Moreno, voted “nay,” in opposition to four councilmembers who voted “yay.” Two days after the 4-1 vote on Aug. 5, Mayor Moreno’s brother, Manuel Moreno, requested via a written letter that Donna City Hall provide him with a filing packet for Place 4 because he apparently wants to file to run in the upcoming November 2024 municipal election.

At the bottom of the letter, it shows he sent copies to: His brother, the mayor; the four city councilmembers; the city attorney; the Hidalgo County DA; and the Secretary of State.

To recap: the Aug. 7 letter was sent two days after the city council voted 4-1 on Aug. 5 to cancel the 2024 election, basing it on their interpretation of Proposition A.

So why even submit the Aug. 7 letter?

All in all, it seems odd since the Nov. 5, 2024, election is less than three months from now. Who can pull strings that fast?

Answer: Judge Jose Manuel Bañales and Attorney Gilberto Hinojosa? (See front page story next week.) If a plaintiff can get those two in a court of law, with Hinojosa playing the part of the plaintiff’s attorney, a mountain can be moved, especially with Bañales on the bench.

In anticipation of legal action made against the city, this Monday, Aug. 12, the Donna City Council met and approved a motion that would let them select an attorney from a small pool of legal eagles to represent the city should a lawsuit be forthcoming.

Just a guess: one is coming.

Why else would the mayor’s brother already be requesting a filing packet two days AFTER the city council majority voted to cancel the November 2024 election in favor of one in 2025?

Meanwhile, the city attorney, Robert Salinas, and the Texas Municipal League have agreed that Proposition A, passed three years ago in 2021, is as clear as mud, in so many words.

Even so, the two councilmembers who ran for office in 2021, Joey Garza and Oscar Gonzalez, ran for a three-year term, but have now joined the majority vote to stay in office for an additional year.

Question is, did the passage of Prop A automatically change their time in office from three years to four without having to run for office in 2024?

Proposition A could have been written in such a way that there would be no doubt that if passed, the prop would include the two council seats up for grabs that same year, Place 2 and Place 4, but for whatever reason, it wasn’t done.

Leaving room for future litigation.