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Charter measures on marijuana and allowing noncitizens on commissions headed to Dallas voters

Dallas city council members during a meeting Wednesday, Nov. 1, 2023, at Dallas City Hall.
Yfat Yossifor
/
四虎影院
After over a year of discussion and debate, the Dallas city council finalized a slate of propositions that could alter the city's charter. Now, its up to Dallas voters to decide what is approved.

Dallas elected officials finalized a slate of proposed changes to the city鈥檚 charter. They include measures to decriminalize some amounts of marijuana, administrative policy tweaks, changing when elections are held and allowing noncitizens to serve on city commissions.

While the final vote was made during Wednesday鈥檚 marathon city council meeting, Dallas voters will ultimately decide which changes to the city鈥檚 charter should be passed.

Elected officials voted to give Dallas voters a second chance to allow noncitizens to serve on boards and commissions laid out in the charter. The topic elicited strong emotions and tense debate around the horseshoe.

Voters will have the chance to decide on an independent inspector general鈥檚 office to investigate crime and corruption inside City Hall 鈥 and have the director report directly to the city council.

And the council approved a measure that could allow more Dallas residents to serve on boards and commissions. The issue was placed on a pervious ballot and failed. The topic gained intense and emotional discussion from council members during the meeting.

Measures aimed at decriminalizing four ounces of marijuana and another set aimed at public safety funding and city hall accountability, will also be added to the ballot. Voter petitions that were certified by the city secretary last month dictated that the city let Dallas voters weigh in on the issues.

Even though the city is legally required to move the propositions forward, four elected officials voted against calling the special election for the marijuana amendment. The rest of the council voted in favor of calling the election.

When it came to vote to move the voter-led propositions that would dictate funding for public safety, hiring hundreds of new police officers and create new compensation metrics for city officials, the council voiced concern. Ultimately, the body voted 12-3 to call the special election.

鈥淚 do think they can cause harm to our city,鈥 District 9 Council Member Paula Blackmon said during the meeting. 鈥淏ut I will put it forth to the voters and let them decide.鈥

But Dallas voters won鈥檛 get to weigh in on all changes brought up during the council鈥檚 discussion. They range from administrative and technical amendments to police oversight.

A motion to place the director of the city鈥檚 Office of Police Oversight under the supervision of the city council was ultimately voted down by elected officials.

The decision comes after the city鈥檚 civilian-led police oversight board鈥檚 investigative powers have come into question after the board started investigating a controversial complaint against the Dallas Police Department.

Council members and board appointees expressed concern over what they view as a lack of independence.

Now, its up to Dallas voters to decide which of the proposed changes to the charter get adopted. The measures will be placed on the upcoming November election.

鈥業f you hate us, tell us鈥

The city council voted to send a measure that would allow noncitizens to serve on the boards and commissions laid out in the charter, to Dallas voters. A related measure was put in front of voters in previously but failed.

But, like many amendments proposed during the marathon meeting, not every council member was on board with the idea. District 12 Council Member Cara Mendelsohn offered a motion to strike the proposal from the ballot.

鈥淭his is not a good plan,鈥 Mendelsohn said after. 鈥淎nd I respectfully ask for your reconsideration so that we remove this item.鈥

Mendelsohn quoted from an 鈥 Tom Leppert, Mike Rawlings and Ron Kirk 鈥 published in The Dallas Morning News. The piece voiced opposition to 12 charter amendments, including the one aimed at opening some boards and commissions up to more residents.

鈥淭his proposed amendment reflects a misguided notion that would further diminish the importance of encouraging voter participation and ensuring members have vested interests in the effective functioning of these organizations,鈥 Mendelsohn quoted from the article. 鈥淲e cannot conceive how the work of these important boards and commissions would be served by eliminating these minimal requirements.鈥

Mendelsohn鈥檚 comments gained intense and emotional rebuttal from members of the council.

鈥淪ay the truth,鈥 District 6 Council Member Omar Narvaez said. 鈥淚f you hate us, tell us, that鈥檚 for anybody who cannot tell the truth.鈥

Jaynie Schultz, who represents council district 11, offered up her speaking time to anyone around the horseshoe that could answer one question:

鈥淲hat is the negative of having people who are noncitizens be able to serve in these capacities,鈥 Schultz asked. 鈥淚 would just like to hear a rationale for this, I haven鈥檛 heard that.鈥

No one answered the question.

鈥淪o, there is no rationale,鈥 Schultz followed up.

The motion failed with a 2-13 vote.

鈥榋ero fraud, waste and abuse鈥

Gay Donnell Willis, who represents council district 14, introduced a motion to place the inspector general鈥檚 office under the supervision of the city council. Currently, that office is a division reporting to the city attorney 鈥 and right now the inspector general is also an assistant city attorney.

Willis had multiple letters from local leaders advocating for the change. In the past, Dallas elected officials have been the subject of corruption 鈥 some cases leading to criminal charges.

鈥淚 am asking you, lets stand together and for the residents of Dallas, to instill trust by carving a clear path to zero fraud, waste and abuse at city hall,鈥 Willis said during the meeting.

Others on the council voice support of the measure. District 10 Council Member Kathy Stewart said a completely independent inspector general is crucial to the function of government.

鈥淪etting up an office of the inspector general in the city charter and asking the voters to approve this, shows our Dallas residents how we value independence, accountability and transparency,鈥 Stewart said.

Under the proposed amendment, the council will have complete control over hiring and firing the inspector general. While Willis鈥 original motion would have called for a majority of council to vote in favor of removing the inspector general 鈥 that was amended from a three fourths vote to a two thirds vote by District 9 Council Member Paula Blackmon.

鈥淚 think that threshold is actually, to me, just more consistent and would better reflect鈥hat can be carried out realistically,鈥 Blackmon said.

While Blackmon鈥檚 amendment passed, not everyone was onboard with the entire charter proposition.

鈥淚t strikes me that this amendment is unnecessary,鈥 District 13 Council Member Paul Ridely said. 鈥淲e have had no complaints, that I鈥檓 aware of, that the city attorney is interfering in the substantive decisions or recommendations of the inspector general.鈥

Ridley also said the current inspector general could not cite any interference either.

鈥淭he current arrangement has been working well, therefore there is no reason to change it,鈥 Ridley continued.

Carolyn King Arnold, who represents District 4 in southern Dallas, said she was onboard with ethics, but skeptical about the amount of support coming out about the proposition.

鈥淲e have had people that鈥ave been writing from everywhere, so when you see that much movement, there is a reason for me to pause and reflect,鈥 Arnold said. 鈥淲hether I am in the minority or the majority, I cannot support the isolation, especially when we have a budget right now that we are trying to cut.鈥

Arnold also said she was concerned about lowering the voting threshold to hire or fire an inspector general 鈥 citing it would be hard to remove someone from the position if they weren鈥檛 performing well.

The amendment passed by a 13-2 vote.

May to November elections

When Dallas should have its elections 鈥 either May or November 鈥 has been the subject of charter discussion since last year. But the measure to change from early Summer elections to the Fall did not gain much support at a recent council meeting.

The city鈥檚 Charter Review Commission decided not to send a recommendation to change the election date to the council as part of its final proposals.

During Wednesday鈥檚 discussion, District 1 Council Member Chad West introduced a motion to remove any mention of when an election should take place, from the charter.

鈥淚 will not go into the virtues with my colleagues on why I believe November odd-year elections are a good thing,鈥 West said. 鈥淭he opportunity for us as a council to change our election date鈥ould, as we鈥檝e seen in other cities across Texas, most likely double voter turnout.鈥

West also argued the change could lower costs to the city and engage more Dallas residents in important city decisions.

Cara Mendelsohn, who represents District 12, said there were many issues with changing the city鈥檚 election date. That includes the possibility of a December runoff.

鈥淚 don鈥檛 know if you鈥檝e ever tried to host an event in December, but people are super busy,鈥 Mendelsohn said. 鈥淭hey鈥檙e busy with holiday parties, they鈥檙e busy with end of year activities for their job, vacations.鈥

Mendelsohn told her colleagues that the result could be 鈥渁 turnout of just the most ardent supports of any specific candidate.鈥

鈥淲hich really may not yield the results that people would like,鈥 Mendelsohn continued.

Even with opposition, the amendment was passed by a 9-6 vote. If passed, the city would need to pass a local ordinance setting the new date and seek permission for the change from state legislators.

'This office is vulnerable'

District 7 Council Member Adam Bazaldua introduced a motion to place the director of the city鈥檚 Office of Police Oversight under the council鈥檚 supervision.

The proposal comes after the city鈥檚 civilian-led Community Police Oversight Board tried to investigate a complaint made against the department by Dynell Lane. Lane is a disabled veteran who was reportedly forced to urinate on himself after being denied the restroom at a Deep Ellum pizza restaurant.

Officers on the scene mocked Lane, according to body camera footage released after the oversight board started to investigate the case.

But during that time, a confidential legal opinion was handed down from the city attorney, essentially telling the board it couldn鈥檛 investigate any case that the department鈥檚 Internal Affairs Division hadn鈥檛 already started to look into 鈥 or deemed 鈥渘o investigation.鈥

During Wednesday鈥檚 meeting John Mark Davidson, the chair of the oversight board, spoke in support of sending the measure to voters. Davidson said after working under two city managers 鈥 he noticed a shift.

鈥淭his office is vulnerable...to whoever is in that seat,鈥 Davidson said. 鈥淭hat tells me that this is very personnel driven, it鈥檚 not people centric.鈥

District 3 Council Member Zarin Gracey said the motion to shift the oversight structure was more than just administrative.

鈥淚 will be supporting this notion, if for no other reason than Dynell Lane,鈥 Gracey said. 鈥淗e is not only a resident of District 3 but he actually lives across the street from me.鈥

Gracey said bureaucracy got in the way of handling Lane鈥檚 case properly.

Immediately, some on the council voiced opposition to the change.

鈥淚鈥檓 not going to support this amendment,鈥 Mendelsohn said. 鈥淲hat happened in that one case shouldn鈥檛 be the basis for changing how we鈥檙e structured.鈥

Mendelsohn voiced concern about the oversight board becoming politicized. She also admitted Lane鈥檚 case was humiliating.

鈥淏ut it also got the attention it needed and is being addressed,鈥 Mendelsohn said. 鈥淣ot the way it should have gone.鈥

Interim City Manager Kimberly Tolbert told the council that the move could mean 鈥渟tarting all over again鈥 in terms of police oversight.

鈥淭here will still need to be the workflow defined, and how that position still has to engage with the [city manager], engage often with the city attorney,鈥 Tolbert said. 鈥淭hat had not been done, and it did not give the board鈥ay-to-day governance.鈥

Tolbert said that would be a responsibility of the council, if the measure was passed.

The council voted against placing the measure on the November ballot.

What's next

Now that the council has voted on a final charter package, the propositions will be placed on the November ballot for Dallas voters to decide on.

The process getting here has been ongoing since last year. The city appointed a 15-member Charter Review Commission who held numerous meetings and heard public input on the proposed changes.

Along with the charter review鈥檚 recommendations and the city鈥檚 鈥 four propositions will be added from voter-led petitions. Those center around looser marijuana policies in the city and amendments focused on public safety.

The council has debated and discussed the changes 鈥 and added in a few of their own 鈥 for months. Now the decision is in Dallas voters hands.

Got a tip? Email Nathan Collins at ncollins@kera.org. You can follow Nathan on Twitter .

四虎影院 is made possible through the generosity of our members. If you find this reporting valuable, consider today. Thank you.

Nathan Collins is the Dallas Accountability Reporter for 四虎影院. Collins joined the station after receiving his master鈥檚 degree in Investigative Journalism from Arizona State University. Prior to becoming a journalist, he was a professional musician.