Council orders the Proposition A election, 4-1, after changing "establishing a criminal offense" in the ballot text

The August 13, 2024 minutes record that the council amended the resolution to remove "establishing a criminal offense" from Section 3 (Ballot Measure), replacing it with "and making it unlawful," and from Section 4 (Ballot Language), replacing it with "AND IT SHALL BE UNLAWFUL," then adopted Resolution No. 08-13-24-2 as amended on a motion by Tom Scherlen, second by Don Tipps, 4-1: Cole Stanley, Don Tipps, Tom Scherlen and Les Simpson aye; Josh Craft no. ^[1]

The staff memo said ordering the election was "the next step in a citizen initiative process that began on December 29, 2023," at the committee's request, and "ministerial for the City Council" under Article II, Section 23 of the Charter. It estimated the cost at $90,000 to $120,000, funded from general fund revenues as an unbudgeted special election. ^[2]

An attorney representing the initiating committee told the council the draft wording "establishing a criminal offense" was incorrect because the ordinance "explicitly and intentionally does not establish a criminal offense" and is enforced through private civil actions. Councilmember Scherlen said the ordinance used "unlawful" ten times and argued "criminal" should be in the ballot text; Councilmember Tipps said "unlawful" could also describe a civil violation. The Texan reported that Councilmember Craft said he wanted more time to get questions about the language answered by outside counsel. ^[3][4]

Mayor Stanley said, "It is our role to summarize accurately and succinctly in one paragraph an 18-page ordinance." Councilmember Tipps said, "This is not something we five have put together. It's straight out of the ordinance." ^[4][3]