By : Martin Arambula
PUB Board Chairman
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To: City Commission
City of Brownsville
1001 East Elizabeth Street
Brownsville, Texas
February 12, 2019
Dear City Commission,
I am writing in my capacity as Chairman of the Brownsville PUB to request an appointment to the Brownsville PUB Board in the event that you concur with my belief that one now exists under the law.
In January, 2019, Brownsville PUB Board Member Nurith Galonsky announced her candidacy for Brownsville City Commission. I commend Ms. Galonsky for being willing to run for public office so that she can serve the City in another capacity.
However, the Texas Constitution at Tex. Const. Art. 11, Section 11 contains a “resign to run” provision that states that elected or appointed municipal officers of a home rule city with terms greater than two years are subject to the same resign to run provisions as applicable to county officers as set forth in Tex. Const. Art. XVI, Section 65(b). Texas Constitution Art 11, Section 11 states in pertinent part as follows:
“Provided, however, if any of such officers, elective or appointive, shall announce their candidacy, or shall in fact become a candidate, in any general, special or primary election, for any office of profit or trust under the laws oft his State or the United States other than the office then held, at any time when the unexpired
term of the office then held shall exceed one (1) year, such announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be tilled pursuant to law in the same manner as other vacancies for such office are tilled”.
The position of Board Member of the Brownsville Public Utility Board is indisputably an appointed public office of trust of the City of Brownsville. The Brownsville City Charter clearly establishes the Brownsville PUB Board as “a separate and distinct agency” of the City of Brownsville. Brownsville City Charter Art.VI, Section1 (a) . The Brownsville Home Rule Charter specifies the powers of the PUB Utility Board:
“Except as otherwise provided in this article, the Utilities Board shall have absolute and compete authority and power with reference to the control, management and operation of the power and light, water and sewage systems owned by the City of Brownsville, Texas, and the expenditure and application of the revenues of the systems, subject to the provisions contained herein, all of which shall be binding upon and shall govern the Utilities Board.”
Brownsville City Charter, Art. 6, Section 1. The Charter establishes that PUB Board Members are appointed by the Brownsville City Commission to four year terms of office. Brownsville City Charter, Art.6, Section 1( c). The PUB, is therefore, unlike the GBIC or the BCIC, an actual part of the City, because it is incorporated as a” separate and district agency” of the City through Brownsville’s home rule charter. Brownsville Charter Art. VI, Section 1(a).
It appears clear that Nurith Galonsky’s announcement as a candidate for city office constitutes an automatic resignation from her position as Board Member of the PUB Board under Texas Constitution, Art. 11, Section 11. The fact that Mayor Martinez serves as an ex officio member of the PUB under the City Charter is irrelevant since the City Charter cannot override the provisions of the Texas State Constitutioon resign to run provision.
I understand that in the past Brownsville PUB Board Members may have held over in office while they were running for city office. However, I suspect that the reason this occurred was simply because a PUB Board member would hold over in office until a new replacement was appointed.
The law is clear that once an announcement of candidacy is made, the resignation is automatic. Withdrawing from candidacy for another office does not affect the resignation, because the resignation occurs immediately upon the announcement of candidacy. See Tex. Att'y Gen. LO-94-059 (1994); Tex. Att’y Gen. Op. No. DM-0406 (1996).
Therefore, the burden is now on the City Commission to appoint someone to fill her position. I would request that the City do so at its next regular meeting.
PUB Board Chairman
To: City CommissionCity of Brownsville
1001 East Elizabeth Street
Brownsville, Texas
February 12, 2019
Dear City Commission,
I am writing in my capacity as Chairman of the Brownsville PUB to request an appointment to the Brownsville PUB Board in the event that you concur with my belief that one now exists under the law.
In January, 2019, Brownsville PUB Board Member Nurith Galonsky announced her candidacy for Brownsville City Commission. I commend Ms. Galonsky for being willing to run for public office so that she can serve the City in another capacity.
However, the Texas Constitution at Tex. Const. Art. 11, Section 11 contains a “resign to run” provision that states that elected or appointed municipal officers of a home rule city with terms greater than two years are subject to the same resign to run provisions as applicable to county officers as set forth in Tex. Const. Art. XVI, Section 65(b). Texas Constitution Art 11, Section 11 states in pertinent part as follows:
“Provided, however, if any of such officers, elective or appointive, shall announce their candidacy, or shall in fact become a candidate, in any general, special or primary election, for any office of profit or trust under the laws oft his State or the United States other than the office then held, at any time when the unexpired
term of the office then held shall exceed one (1) year, such announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be tilled pursuant to law in the same manner as other vacancies for such office are tilled”.
The position of Board Member of the Brownsville Public Utility Board is indisputably an appointed public office of trust of the City of Brownsville. The Brownsville City Charter clearly establishes the Brownsville PUB Board as “a separate and distinct agency” of the City of Brownsville. Brownsville City Charter Art.VI, Section1 (a) . The Brownsville Home Rule Charter specifies the powers of the PUB Utility Board:
“Except as otherwise provided in this article, the Utilities Board shall have absolute and compete authority and power with reference to the control, management and operation of the power and light, water and sewage systems owned by the City of Brownsville, Texas, and the expenditure and application of the revenues of the systems, subject to the provisions contained herein, all of which shall be binding upon and shall govern the Utilities Board.”
Brownsville City Charter, Art. 6, Section 1. The Charter establishes that PUB Board Members are appointed by the Brownsville City Commission to four year terms of office. Brownsville City Charter, Art.6, Section 1( c). The PUB, is therefore, unlike the GBIC or the BCIC, an actual part of the City, because it is incorporated as a” separate and district agency” of the City through Brownsville’s home rule charter. Brownsville Charter Art. VI, Section 1(a).
It appears clear that Nurith Galonsky’s announcement as a candidate for city office constitutes an automatic resignation from her position as Board Member of the PUB Board under Texas Constitution, Art. 11, Section 11. The fact that Mayor Martinez serves as an ex officio member of the PUB under the City Charter is irrelevant since the City Charter cannot override the provisions of the Texas State Constitutioon resign to run provision.
I understand that in the past Brownsville PUB Board Members may have held over in office while they were running for city office. However, I suspect that the reason this occurred was simply because a PUB Board member would hold over in office until a new replacement was appointed.
The law is clear that once an announcement of candidacy is made, the resignation is automatic. Withdrawing from candidacy for another office does not affect the resignation, because the resignation occurs immediately upon the announcement of candidacy. See Tex. Att'y Gen. LO-94-059 (1994); Tex. Att’y Gen. Op. No. DM-0406 (1996).
Therefore, the burden is now on the City Commission to appoint someone to fill her position. I would request that the City do so at its next regular meeting.