Former city council member Mark Scott says he intends to run for mayor despite a 6-1 vote by the city council to disqualify him from the race. Courtesy photo
A resolution reprimanding at-large Corpus Christi City Council member Mark Scott for resigning his seat early to avoid term limits was approved by eight of the council’s nine members at a meeting Nov. 1. Scott left the meeting after a four-hour executive session and before the vote was taken. Mayor Nelda Martinez and the remaining seven council members approved the resolution unanimously.
The reprimand carries no penalty and does not prevent Scott from running for mayor in 2018.
The resolution also included a provision to perform a comprehensive review of the charter, closing the loophole that allowed for Scott’s action. Scott resigned in September before the end of his fourth and final term as a city council member so he could run for mayor in 2018. By not completing his term, he would be eligible to run for mayor in two years rather than six as stated in the city’s term limit ordinance in its charter, according to an attorney who helped write the voter-approved document.
He returned to his position after an independent attorney hired by the city council said Scott would legally continue to be a council member until officially replaced. His replacement will be decided by the results of the Nov. 8 general election.
Attorney Charles Zech of Denton, Navarro, Rocha, Bernal, Hyde & Zech in San Antonio added a pretty big BUT at the end of his opinion: Even if Scott stayed on the council, he would be eligible to run for mayor after only a two-year hiatus because one of his four terms was not a full 24 months. Because election day was moved from May to November in 2012, both Scott and Martinez only served 18 of the 24 months in that term. The charter specifies a full two years.
The rest of the council, including Martinez, expressed concern that this was a loophole being exploited to circumvent the true purpose of the charter provision.
“Term limits are in place for a reason,” said council member
Carolyn Vaughn at a meeting Sept. 20.
She made the motion, which was approved unanimously by the council, to hire the independent attorney.
As far as Scott is concerned, he believes he is resigned from the council but will abide by the attorney’s opinion that he remains a member. He is returning his pay for the meetings missed, however. Council members make $6,000 a year. The mayor makes $9,000.
Scott said he did not believe his actions were circumventing the intention of the city’s charter as both his plan and the charter provision are based on a 12-year limit.
According to Scott, a person can serve six years as a council member and six years as mayor with a two-year break in between, the idea being that each person serve no more than 12 years total. The limit for a council member is four two-year terms or eight years total before having to wait six years to run again.
“The important part is 12 years, and I intend to honor that,” he told Corpus Christi Business News. “My intent is to serve these four terms and two terms as mayor and move on.”
According to the charter, Scott explained, someone could serve 10 years, sit out two, serve 10 more, sit out two, on and on.
“The ordinance needs work,” he said, agreeing with the rest of his fellow council members, who might not agree with him on much else where this issue is concerned.
Scott went on to explain that, in his mind, the charter limits are all about limiting the power of incumbency and encouraging more people to serve.
“I’m going to take two years off,” he said. “I eliminated the power of incumbency and am allowing people to serve. In my little brain, what I’m doing complies with the intent of the term limits.”
When asked why he wanted to run for mayor, he said why not?
“I love being involved in efforts and issues that are bigger than me,” he said. “I have a lot of leadership experience. I think I could do a good job and play a role in moving this community forward. I have been a good city council member and think I would be a good mayor.”
Council may also consider at a future meeting a petition signed by nine voters calling for Scott’s impeachment. If impeached, Scott would be be ineligible to run for any seat on the council, including mayor. According to the charter, any member who misses three meetings in a row can be dismissed from his or her position. Scott has missed five since his resignation: three because he considered himself resigned, one because of work, and the fifth to give the council an opportunity to discuss the issue without him present. He returned as a council member Nov. 1, his first meeting since his resignation.
