14-B Election - FF Rtmt FundDRAFT
F:~Attorney~ALICEhO. ESWORK\CURRENT\Special Election Fire Dept Retirement System Res.wpd
February 6, 2004
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, ORDERING A CITY-WIDE SPECIAL ELECTION TO BE
HELD IN THE CITY OF PARIS ON THE THIRD SATURDAY IN MAY 2004,
THE SAME BEING THE 15TH DAY OF MAY 2004, BETWEEN THE
HOURS OF 7:00 O'CLOCK A.M. AND 7:00 O'CLOCK P.M., ON THE
QUESTION OF EXEMPTING THE CITY OF PARIS AND THE PARIS
FIREFIGHTERS RELIEF AND RETIREMENT FUND FROM THE
APPLICATION OF ARTICLE X¥I, SECTION 66 OF THE TEXAS
CONSTITUTION, ENTITLED "PROTECTED BENEFITS UNDER CERTAIN
PUBLIC RETIREMENT SYSTEMS"; PRESCRIBING THE FORM OF THE
BALLOT; PERMITTING ONLY RESIDENT QUALIFIED VOTERS TO
VOTE; PROVIDING FOR EARLY VOTING; PROVIDING FOR AN EARLY
VOTING BALLOT BOARD; PROVIDING FOR NOTICE OF THE
ELECTION; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas, by adoption of House Joint Resolution
No. 54, provided for submittal of a new Article XVI, Section 66 to the Texas Constitution to the
electorate of the State of Texas; and,
WHEREAS, the aforesaid Article XVI, Section 66 to the Texas Constitution was adopted
by a majority vote of the electorate of the State of Texas; and,
WHEREAS, as a consequence of the adoption of said Article XVI, Section 66 to the Texas
Constitution, entitled "Protected Benefits Under Certain Public Retirement Systems," the Paris
Firefighters Relief and Retirement Fund would be subject to the provisions of said Article XVI,
Section 66; and,
WHEREAS, by virtue of falling under said constitutional provision, the City Council of the
City of Paris, following the effective date of said provision, is prohibited in making a change to the
service or disability retirement benefits or death benefits for the Paris Firefighters Relief and
Retirement Fund which would result in a reduction of or otherwise impair benefits available to a
person covered by said retirement fund; and,
WHEREAS, Article XVI, Section 66 authorizes the City Council of the City of Paris, as a
political subdivision governed by said constitutional provision with a retirement system falling under
-1-
said constitutional provision, to seek exemption from the provisions of Article XVT, Section 66 by
submitting the issue of said exemption to the voters of the City of Paris; and,
WHEREAS, Article XVI, Section 66 provides that any such election seeking exemption must
be held on May 15, 2004; and,
WHEREAS, without presenting said matter to the voters of the City of Paris, the City
Council would thereafter be permanently prohibited from exercising local discretion in reducing the
benefits payable to employees covered by the Paris Firefighters Relief and Retirement Fund; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That a special election shall be and is hereby ordered to be held city-wide in all
Council Districts of the City of Paris, Paris, Texas, on Saturday, May 15, 2004, between the hours
of 7:00 o'clock a.m. and 7:00 o'clock p.m., for the purpose of submitting to the qualified voters of
the City of Paris one proposition on the question of exempting the City of Paris and the Paris
Firefighters Relief and Retirement Fund from the application of Article XVT, Section 66 of the Texas
Constitution, entitled "Protected Benefits Under Certain Public Retirement Systems."
Section 3. That the City Clerk of the City of Paris shall be and is hereby directed to prepare
the necessary documents and to proceed in acquiring the ballots such that the vote shall be held upon
an official ballot prepared in such a manner as will permit the voters of the City of Paris to vote "For"
or "Against" the proposition submitted, with the proposition to be expressed on the official ballot in
accordance with Article XVT, Section 66 of the Texas Constitution, in a form substantially as follows:
"PROPOSITION NO. 1 That the City of Paris and the Paris Firefighters Relief and
Retirement Fund should be exempted from the application of Article XVT, Section 66
of the Texas Constitution, entitled 'Protected Benefits Under Certain Public
Retirement Systems.'"
Section 4. That the polling places and election officials of such election shall be as follows:
District One (1):
Polling place:
Red River Valley Fair Grounds
590 E. Center Street
-2-
Officials:
, Presiding Judge
, Alternate Presiding Judge
District Two (2):
Polling place:
City of Paris Police & Courts Building
811 Bonham Street
Officials:
, Presiding Judge
, Alternate Presiding Judge
District Three (3):
Polling place:
Travis Jr. High School
3270 Graham Street
Officials:
., Presiding Judge
., Alternate Presiding Judge
District Four (4):
Polling place:
Cecil Everett Elementary (N. Lamar)
3201 Lewis Lane
Officials:
., Presiding Judge
., Alternate Presiding Judge
District Five (5):
Polling place:
City Hall Annex West
150 1st Street S.E.
Officials:
., Presiding Judge
., Alternate Presiding Judge
District Six (6):
Polling place:
Paris Junior College
Applied Technology Building
2400 Clarksville Street
Officials:
., Presiding Judge
., Alternate Presiding Judge
-3-
District Seven (7):
Polling place:
Ramseur Baptist Church
3400 Lamar Avenue
Officials:
., Presiding Judge
., Alternate Presiding Judge
Section 5. That the Presiding Judge of the respective voting boxes shall designate and
appoint at least two (2) and not more than four (4) competent and qualified clerks for such respective
polling places and voting boxes as may be required for the efficient conduct of said election.
Section 6. That early voting for the election described in Section 1 above shall be conducted
under the direction of the City Clerk by herself and her deputies as ordered in separate order
herefrom, beginning on the 28th day of April, 2004, through the 1 lth day of May, 2004, Monday
through Friday, between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m.
Section 7. That the polling place and election officials for early voting of said election shall
be as follows:
EARLY VOTING:
Polling Place:
City Hall Annex West
150 1st Street S.E.
EARLY BALLOT BOARD:
Officials:
., Presiding Judge
., Alternate Presiding Judge
Section 8. That there is hereby created an early voting ballot board which shall consist of
the presiding judge and the alternate presiding judge appointed in Section 7 above, and at least two
other members to be appointed by said presiding judge. The early voting ballot board shall carry out
the duties enumerated in Chapter 87 of the Election Code of the State of Texas.
Section 9. That such election shall be held in accordance with the laws of the State of Texas
governing general and municipal elections, insofar as the same may be applicable, and with the
provisions of the City Charter and Ordinances or the City of Paris, wherein said Charter and
ordinances do not conflict with state law and the above-described Order.
Section 10. That the City Clerk of the City of Paris is hereby directed and instructed to cause
the posting of a properly executed Notice of Election pursuant to this order of election, signed by the
Mayor of the City of Paris and attested by the City Clerk, on the bulletin board in the City Clerk's
Office, on the board provided for notices at the City Hall door, and at each of the polling places
-4-
designated above, which are within each district in which the election is to be held, not later than the
twenty-first (21 st) day before election day; further, a properly executed copy of such Notice of
Election shall be published at least one time not earlier than the thirtieth (30th) day nor later than the
tenth (10th) day before election day in at least one (1) daily newspaper published in the City of Paris,
and a copy of the notice shall be filed with the City Clerk of the City of Paris, together with the
posting officer's return and the newspaper certificate of publication.
Section 11. That the pay of the judges and clerks of said election is hereby authorized and
established as follows: $8.00 per hour for each judge and clerk; the election judge who delivers the
returns of said election immediately after the votes have been counted to the proper office shall be
paid an additional sum of $25.00 for that service, provided also, he shall make return of all election
supplies not used when he makes return of such election.
Section 12. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED by the City Council of the City of Paris in regular meeting, at
the City Hall of said City, on this 9th day of February, 2004.
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
-5-
NOTICE OF SPECIAL ELECTION
Pursuant to an order issued by the City Council of the City of Paris, Paris, Texas, notice
is hereby given that a special municipal election will be held on the third Saturday in May 2004,
same being the 15th day of May 2004, between the hours of 7:00 o'clock a.m. and 7:00 o'clock
p.m., by the qualified voters of Districts 1, 2, 3, 4, 5, 6, and 7, of the City of Paris, Paris, Texas
(as provided in Paragraphs 2, 3, 5, 6, and 7 of Order entered March 15, 1976, in Civil Action No.
P-75-3-CA, in the District Court of the United States), with early voting for the same being
conducted in the City Hall Annex West, 150 1st Street S.E., from the 28th day of April, 2004,
through the 1 lth day of May 2004, Monday through Friday, between the hours of 8:00 o'clock
a.m. and 5:00 o'clock p.m., for the purpose of voting for or against a proposition that the City
of Paris and the Paris Firefighters Relief and Retirement Fund shall be exempted from the
application of the requirements of Article XVI, Section 66 of the Texas Constitution, entitled
"Protected Benefits Under Certain Public Retirement Systems."
The polling places of and for said election in the respective districts shall be as follows:
The polling place in District One (1) shall be at the Red River Valley Fair
Grounds, 590 E. Center Street.
The polling place in District Two (2) shall be at the City of Paris Police & Courts
Building, 811 Bonham Street.
The polling place in District Three (3) shall be at Travis Jr. High School, 3270
Graham Street.
The polling place in District Four (4) shall be at Cecil Everett Elementary (N.
Lamar), 3201 Lewis Lane.
The polling place in District Five (5) shall be at City Hall Annex West, 150 1 st
Street S.E.
The polling place in District Six (6) shall be at Paris Junior College, Applied
Technology Building, 2400 Clarksville Street.
The polling place in District Seven (7) shall be at Ramseur Baptist Church, 3400
Lamar Avenue.
SIGNED AND GIVEN this 9th day of February, 2004, at Paris, Texas, by authority of
the provisions of law and order of the City Council of the City of Paris, Paris, Texas.
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
TEXAS
MUNICIPAL
RETIREMENT SYSTEM
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P. O. Box 149153 · AUSTIN, TEXAS 78714-9153 · 1200 NORTH I~4T[RSTATE 35 ' Www. TNR$.co~
ADMINISTRATION: (512) 476-7577 Oe TO~L-FRE[ (877) 634-859S ' FAX (512) 476-2903
~V~EMBER SERVICES: TOLL'FREE (800) 924-8677 · Fax: (512) 476'5576
TO:
FROM:
DATE:
SUBJECT:
Selected TMRS Cities
Gary Anderson, Executive Director
January 29, 2004
Municipal Election Language for Certain Public Retirement Systems
According to our records, ~c~ur city is one that covers most of its employees in TMRS,
but also has a separate local plan for firefighters and/or other employees. This past
November, voters approved Proposition 15, a constitutional amendment providing that
certain cities could not reduce certain accrued retirement benefits. This amendment
does not affect your TMRS retirement program, but would apply to your local
firefighter plan.
FEB 02 2004
Proposition 15 included a provision which grants affected cities a one-time opportunity to
hold an election, to determine whether or not the city's local retirement plan will be
subject to Prop. 15. This election, if conducted, must be held in May 2004. We have had
II I t
,everal call, ~rorn e,hes regarrImg ~,s mat~er, and would recommend that you contact the
Legal Department at the Texas Municipal League (TML), who is working with city
attorneys to develop language for the upcoming May election. You may
reach the TML Legal Division at (512) 231-7400.
If you have other questions we can help you with, please email Joel Romo at
i r0m0~tmr~.c0m or 0all mm at (a l z) zz5,376~.
FEB O2 200~
CITY MANAGER
PARIS, TEXAS
TEXAS
512o2)1-7400
October 30, 2003
MEMORAaNDUM
NOV 0 1 200~
CITY A'£ iORNI~
TO:
FROM:
SUBJECT:
TML Member Cities that Sponsor Non-Statewide Retirement Systems
Frank Sturzl, TML Executive Director
H.J.R_ 54
CITIES HAVE ONLY ONE OPPORTUNITY TO OPT OUT
OF RETIRMENT SYSTEM MANDATE
The Texas Legislature recently passed H..LR. 54, a proposed amendment to the Texas
Constitution that protects certain benefits under certain public retirement systems. The
amendment was approved by Texas voters at the September constitutional election and
took effect shortly thereal~er. The following is a summary &the impact of H.J.R. 54, as
well as an explanation of the procedure that allows a city to exempt itself from the
amendment's application.
H.J.R_ 54 is now codified as Article XVI, Section 66, of'the Texas Constitution. It
provides that once certain benefits are granted to retirees or other annuitants, those
benefits may not be subsequently reduced. It also requires political subdivisions and the
retirement systems that finance the benefits to be jointly responsible for ensuring these
benefits are not reduced. The new Article XVI, Section 66, applies only to public, non-
statewide retirement systems that.provide service and disability retirement benefits and
death benefits to public employees. We have reason to believe that your city has a
retirement system that is affected by this new constitutional amendment. Whether your
city is affected is an important question that you will need to consult with your city
attorney about. (Note: TMRS cities are part of a statewide retirement system, and are
therefore not affected by the amendment.) The amendment does not apply to health or
life insurance benefits or certain other disability benefits.
It is important to note that an employee need not currently be receiving benefits under a
retkement plan for those benefits to be protected. Once the individual becomes eligible
to receive benefits, even if employment continues, those benefits may not be reduced
from their current level of eligibility by a subsequent change of policy.
An affected city may choose to exempt itself from the provisions of Article XVI, Section
a) it holds an election on thc issue on May 15, 2004;
b) a majority of the voters voting at the election favor exempting the city and the
retirement system from Article XVI, Section 66; and
c) the exemption is the only issue relating to the funding and benefits of the
retirement system that is presented to the voters at the election.
The May 1fi, 2004, election date is the only opportunity an affected city will ever
have to opt out. If an election is not held, the restrictions in the amendment are
permanent.
Finally, city officials should be aware that Article XVI, Section 66, is already effective.
If a city's retirement plan falls under the amendment's provisions, certain protected
benefits may not be reduced unless a May election is held to exempt the retirement plan.
If you have questions about this amendment, please contact the TML Legal Department
at (512) 231-7400.
2
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II
PROPOSED CONSTITUTIONAL AMENDMENTS
H.J.R. 54, § 1
persons; but nine members of a grand jury shall be a quorum to transact business and
pcesent bills. In trials of civil cases[ ' ' ' .... ]
in the District Courts, nine members of the jury, cohere'ring, may render a verdict, but when
the verdict shall be rendered by less than the whole number, it shall be signed by every
member of the jury concurring in it. When, pending the trial of any case, one or more jurors
not exceeding three, may die, or be disabled fi'om sitting, the remainder of the jury shall have
the power to rendec the verdict; provided, that the Legislature may change or modify the
rule authorizing less than tho whole number of tho jury to render a verdict.
SECTION 2. The proposed constitutional amendment shall be submitted to the voters at
an &ct;o. la t,a g01 tOm[/811 1], _001 TI]0 l} ]l"t . hitll Dc plii]bgd I][rniii miali fir ii'
against the peoposition: "The constitutional amendment to let'mit a sLx-person jury in a
district com't misderneanor trial."
Passed by the House on May 2, 2003: Yeas 135, Nays 0, 3 present, not voting; the
House concurred in Senate amendments to H.J.R. No. 44 on May 30, 2003: Yeas
143, Nays 0, 2 present, not voting; passed by the Senate, with amendments, on May
28, 2003: Yeas 31, Nays 0.
Filed with the Secretary of State June 2, 2003.
HJ.R. No. 54
A JOINT RESOLUTION
proposing a constitutional amendment providing that certain benefits in certain public retirement
systems may not be reduced or impaired.
BE IT RESOLVED BY TItE l. egislature of the Slots of TexaS:
SECTION 1. A~icle XVI, Texas Constitution, is amended by adding Section 66 to read as
follows:
Sec, 66. PROTECTED BENEFITS UNDER CERTAIN PUBLIC RETIREMENT SYS-
7'EMS. (at 77tis section eppliea only to a Intblic retire?neat system that is not a statewide
system and that provides se~qce and disability retirement bm~efits and death benefits to
public officers and employees.
(bt This section does not apply to a Fublic retirement system that provides service a~d
disability retirement benefits and death benefits to firefightexs and police officers employed
by the City of San Antonio.
(ct This section does not apply to ben.efits that are: (I) health benefits;
(2) life insurance benefits; or
(3) disability benefits tt~at a retirement system determines ore no longer ~ayable under
the twrn~ of the retirement system a.s those terms existed on the date the retirement system
began paying the disability benefits.
(d) On or after the effectire date of this section, a cha?~g¢ in service or disability
retirement be,efits or death ben.ts of a retirem¢.t ~ystcm ,nay not reduce or other~vise
impair be~lefits accraed ~y a person ~f t)~e person:
(I) could have terminated e?nployment or has terminated employment before the
effective date of the change; end
(2) would bane been eligible for those beneftts, u,ithout eccumulatim~ additional service
under the rctire:r~nt system, on any date on or after the effective date of the cho.ge bad
the change not occurred.
(et Benefits g~unted to a retiree or other annaita]~t before the effective date of rids scctim~
and in effect on that date may ~ot be red,wed or otbt rugse impaired.
benefits under the reti~'me~d syste~n are jointly responsible for enaurbtg that benefits under
this section are not reduced or othemeise intpaired.
A-13
H.J.R. 54, {} 1
?$th LEGISLATURE--REGIo~.~R SESSION
(£) This section does not create a liability or an obliyation to a retirement system for a
member of the retirement system other than the payment by active members ufa required
contribution or a f~ture requlred contribution lo the rstlremerd system.
(h) A retirement zyste?n described by Subsection fa) and the political subdivision or
tiaa of this section if:
(1) the political subdivision or subdivisions hold an election on the date in May ~004
that political sitbdivisions may use for the election of their officere:
(2) the majority of the valets of a political subdicision votin# at the election favor
exemptin# the political sabdivision and the retirement system frwn the application of this
section; and
($) the exemption is the oaly issue relating to the fundin# and benefits of'the t'etirement
system that is presented to the raters at the election.
SECTION 2. This constitutional amendment shall be submitted to the voters at an
election to be held September 13, 2003. The ballot shall be printed to allow for voting for or
again,~t ~hc pr0p0,qtion; "Thc constitutional amendment provid[n~ that certain benefits under
certain local public reth'ement systems may not be reduced or impaired."
Passed by the House on April 29, 2003: Yeas 137, Nays 0, 1 present, not votino; the
House oonourred in Senate amendments to H.d.R. No. 54 on May 30, 2003: Yeas
144, Nays 0, 2 present, not voting: passed by the Senate, with amendments, on May
28, 2003: Yeas 31, Nays 0.
H.J.R. No. 84
A JOINT RESOLUTION
proposing a constitutional amendment providing for [he filling of a temporary vacancy in a public office
c~eated by the activation for military service el a public officer.
BE IT RESOLVED BY THE Le#islature of the State of Te.ras:
SECTION 1. Article XWI, Texas Constitution, is amended by adding Section 72 to read as
fo~,lo~vs:
Sec. 7£. (a) An elected or ap~inted officer of ti~e state ay of any ~litical .~bdivision who
enters actice duty in the uvmcd fi.'ees of lbo United States as a ~sntt of being called to daty.
d~fled, or octivalcd does not ,lxwate the office held, but th~ appropriate autbocity may
alq~oint a veplaceme.t to serce as te.mpomr~ octin~ ojficer as p~vtyided by this section if the
elected or appointed officer ~ldll bc on active duty Jbr longer than 30 days.
to appoint a person to fill a vaca~w~ in that office may appoint ~ temporarg acting
If o vacancy would ~wr. mlly by fl~d by apccial dcction, th¢ gow~*wr may ap~int the
tempo~ry acting officer for a state or dist~gct offce, and tfla governing body of a political
sabdivision ma~ appoint the tcmpo~r~ acti.g o~cer for an office of that political subdivi.
(c) For an o~cer who is a member of the legislature, tke member & the legislature shall
select a pe~on to seres as the temporar~ acting vepresentative ov senato~ subject to app~val
of tbe selcction b~ a majo~t~ vote of tbe app~priate hoase & tbe le~islata~. The tempora~d
actb~ rep~sentative or senator mast be:
(1) a member & the same ~litical pa~ as the member being temporarily replaced;
and
(~) ~ml~ed for o~ce under Section 6, A~icle 11[, of this constitntion for a senator, or
Section 7, A~icle IIL &this constitat~n for a representative.
(d) The o~c~ who is tempo~ly replaced under this section ma~ reco~nmend to the
a~mpriate appointing authority the name & a pe~on to tempo~ly fill the o~ce.
A-14
PROPOSED
(e) Tbe ap!
on the date
officer will
(D A tempo
as the officer
(g) A temp~
office for the s
(1) the te
(~) the te
(h) In this
United States
United States
the National
8ECTION
an ~lccti0n t0
against the p~
tempor~, re~
duty in the U~
Passed by
House
28, 200
Fi~ed with th
proposing a cc
without an ele¢
BE IT RESi
SECTION
follows:
Sec. 13. Fo
proc/dc bt/.qc~
oul!/ ca,didat~
SECTION 2
an election to
against the
a pe~voo to ta~
electkm for th~
SECTION
2003, is amend
SECTION 2
an election to
permit votin.q
mnnicipalities
volunteer fu'e
Passed by
House ,
H.J.R. 54, § 1
7$th LEGISLATURE~REGULP~R SESSION
PROPOSED
(ti) This section does not create a liabilit~t or an obligation to a retirement eltstem for a
member o/the retirement ~dstern other than the ~agment blt acti~ m~b~e~ of fl ~OCtli~'Od
contribution or a futare required contributton to the retirement sltste*n.
(h) A retirement s*dstem described blt Subsection (a) and the political subdiv'ision or
subdirisions that finance benefits under the retirement eltstem are exempt from the applica-
tion of this section if'
that political subdirisions may use for the election of their officers;
(2) the majorit~ of the voters of a political subdivision ~oting at the election favor
e.remptinlt the political sabdivlsion and the retlvement sllstem from the application of this
section: and
($) the exemption is the onllt issue relatin9 to the fundin# and benefits of the retirement
s*dstem that is presented to the votere at the election.
SECTION 2. This constitutional amendment shali be submitted to the voters at an
election to be held September 13, 2003. The ballot shall be printed to allow for voting for or
c~'rtain local public reth'oment systems ma7 not be redneed or impaired."
Passed by the House on April 29, 2003: Yeas 137, Nays 0, 1 present, not voting; the
House concurred in Senate amendments to H.J.R. No. 54 on May 30, 2003: Yeas
144, Nays 0, 2 present, not voting; passed by the Senate, with amendments, on May
28, 2003: Yeas 31, Nays O.
Filed with the Secretary of State June 3, 2003.
(e) Tile apl
0)! l~h~ tJate s
officer will
09 A tempo
entitled to the
as the officer
office fo,. ~e ~
(D the te~
(~) the
(h) 1~ this
United States
United States
the National (
~ECTION
against the p:
temporal, roi
dui7 in the Un
Passed by
House
143, N~
28, 200
Filed with th
H.J.R. No. 84
A JOINT RESOLUTION
proposing a constitutional amendment providing [or the ~illing of a temporary vacancy in a public office
created by the activation for military service of a public officer.
t~£ I~ RggOLV£D ~Ir ~H£ Lo~inlnttn,o of th~ Stato
SECTION 1. ~'Qcle XWI, Tex~ Constitution, is amended by adding Section 72 to read as
follows:
Sea 7i. (a) An elected or appointed officer of the state or of any political snbdivision who
eaters actiee duty in the avmcd Jbrccs of thc United States a.~ a res'alt of being called to dat~,
drcrficd, or vcticott'd docs not 'racnte the o~cc held, but thc appropriate aathodtg may
appobtt a replaceme. I to so'ce as tcml~tXu'~ acting ~ficcr as tnveidcd by this section if the
elected or appointed officer a'ill bc on active dutlt Jbr longer than $0 da~.~.
(b) For an officer other than a .member of the legi.slature, the attthority w/to h~ the poa~r
to appoint a person to fill a racanc9 in that o~ce may ap~int a tempomv~ acting office~:
tc. mpomv~ acting officer for a state or district officq and the governing bod~ of a political
subdidsion mag appoint the tcmporar~ acting officer for an office of that political sabdici-
(c) For an o~cer who is ~ ~nembe'r of the legisl~tnre, Ute member of the legialatare shall
select a perm* to serve as the temporary acting ~presc~itative or senator; sttbjcct to approval
of the selection by a majmSty l~te of the appmpdate honae of the legislatare. The tempomr~
acting wFresentatire ay senator mnst be:
(1) a ,nember of the same political pa~ as the member beln9 tempomvilg replaced;
(~) ~ml~ed for office under Section 6, Adicle II1, of this constitation for a senator, or
Sectim~ 7, Adicle lIl, of this constitation for a representative.
(d) The officer who is tempomdly replaced under th~ section ma~ ~commend to the
a~mpriate appointing a'athority the name of a pecan to t~n~mrily fill the office
A-14
proposin~ a cc
without an elec
SECTION 1
follows:
Sec. 15. Fo
pro ,ide bt/Iici
mill/ce.didat~
SECTION 2
0100[1011 [01
against the pt'.
a person to tat
election for th:
SECTION :~
2003, is amend
SI-A.TION '2
an election to I
permit voting
mumc~pal t es
volunteer t'we (
Passed by t
House ~