Charter Amendments

MAY 4, 2019 SPECIAL ELECTION

​Based upon Charter Review Commission (CRC) recommendations, the Town Council called a Special Charter Election for May 4, 2019 to present the Charter amendment propositions to voters. The following information provides a detailed description of each proposition, as well as frequently asked questions. All approved propositions would go into effect June 1, 2019.

Proposition A: Compensation for Mayor and Councilmembers

Current Charter Language Ballot Language Description Background
The Mayor and members of the Town Council of Flower Mound shall serve without pay or compensation; provided, however, that they shall be entitled to reimbursement of any necessary expenses incurred in the performance of their official duties, when approved by the Council. Shall Section 3.04 of the Flower Mound Home Rule Charter be amended to authorize a monthly stipend of $300 for the Mayor and a monthly stipend of $200 for each Council Member? Currently, neither the Mayor nor Council Members are paid for their role as a public officer for the Town. This proposition would include a monthly stipend of $300 for the Mayor and $200 for each Council Member. The CRC recommended that the issue of compensation for the Mayor and Council Members be presented to the voters as outlined in the proposition by a vote of 4-1.

1. Do any of the Town’s benchmark cities offer compensation to the Mayor or members of Council?
​a. Yes. Comparison Report. ​

​2. What other commitments do the Mayor or Councilmembers have outside of council meetings?
​a. Mayor/Council Calendar

​3. What would the total annual cost be for the proposed compensation? ​    
​ a. $15,600

​4. Are members of Council in the paid service of the Town for purposes of the Texas Tort Claims Act (“Act”)?
​a. No, the Town’s current Charter language requires members of the Town Council to serve “without pay or compensation.” As part of a 2003 tort reform bill, a Texas law was revised to effectively shield government and city employees from tort claims. In 2011, the Texas Supreme Court confirmed this by holding that the new law bars tort claims against government employee in their individual capacity if they were acting within the scope of their employment. Under the law, an employee is only a person in the paid service of the government. At least one court decision says council members can be entitled to this immunity if they are paid. Many cities allow or require council members to be paid but others, like Flower Mound, have charter provisions which prohibit compensation. Proposition A, if approved, would allow a monthly stipend to be paid the mayor and council members.

Proposition B: Publication of Ordinances

Current Charter Language Ballot Language Description Background
3.07(w)… to name and designate an Official Newspaper for the Town of Flower Mound, Texas and to cause only the caption of duly enacted ordinances to be published except as provided otherwise by law. Shall Section 3.07 of the Flower Mound Home Rule Charter be amended to remove the requirement that all ordinances adopted by the Town be published in the Town’s official newspaper except those ordinances required to be published by law? Currently the Charter requires the Town to publish the caption of all approved ordinances in the Denton Record Chronicle. The CRC recommended that the issue of publication of ordinances be presented to the voters by a vote of 5 - 0. This proposition failed 55.03% to 44.97% when presented to the voters Nov. 8, 2016.

1. Where are Ordinance captions published besides the Denton Record Chronicle?
​ a. Town website (agenda packet)
​ b. Minutes
​ c. Archived in the Town Secretary’s Office

​2. Will this apply to other public notices that the Town publishes?
​a. No. This includes the caption portion of Town Council approved Ordinances. State law requires a newspaper publication for many items slated to be heard by Town Council.

​3. How much does it cost the Town to purchase print space to publish these ordinance captions each year?
​ a. $2,000 (on average)

​4. Isn’t the Town legally required to publish these ordinance captions?
​a. No. State law does not require a publication of every ordinance caption. State law only requires publication of the caption and penalty of those ordinances imposing a fine, penalty or forfeiture.

Proposition C: Certification and Copies of Budget

Current Charter Language Ballot Language Description Background
Effective Date of Budget; …. A copy of the budget, as finally adopted, shall be filed with the Town Secretary, the County Clerk of Denton County, and the State Comptroller of Public Accounts at Austin….. Shall Section 9.10 of the Flower Mound Home Rule Charter be deleted in its entirety to remove the requirement that the Town budget be filed with various county and state agencies? Currently Town staff files the Town budget, including amendments to the budget, with both Denton and Tarrant County, and the State Comptroller’s office. The CRC recommended that the issue of budget amendments be presented to the voters by a vote of 5 – 0. This proposition failed 55.03% to 44.97% when presented to the voters Nov. 8, 2016.

1. Where can I find the Town Budget?
​a. Budgets from Fiscal Year 2013-2014 to current. Older budgets are archived and readily available by contacting the Town Secretary’s​         Office. The current budget can also be viewed at the Flower Mound Public Library.​

2. How much does it cost the Town to file the budget and associated amendments throughout the year?​    
​a. $700 (approximately)​

​3. Doesn’t state law require the budget to be filed with the county or state?
​a. No. State law only requires that the budget be filed with the “municipal clerk” (Town Secretary), and that it be posted on the Town’s website along with the ‘record vote” results of Town Council (i.e. how each member of Council voted on the Budget).

Proposition D: Budget Appropriations

Current Charter Language Ballot Language Description Background
During the fiscal year, the Town Council shall have the power to transfer funds allocated by the budget from one department to another department… Shall Section 9.14 of the Flower Mound Home Rule Charter be amended to allow transfer of funds between departments within the same fund without the requirement of a budget amendment? The Town budget is comprised of five different fund categories. If approved, this proposition would allow the transfer of money within any one of those funds independently Currently Town staff creates an agenda item when there is a need to move money from one department to another, within the same fund. This usually occurs at the end of a fiscal year to cover unanticipated expenses for one department by another department that has a surplus. If approved, Town Council action would remain a requirement to transfer money outside of a particular fund. The CRC recommended that the issue of transfer of funds be presented to the voters by a vote of 5 – 0. This proposition failed 55.03% to 44.97% when presented to the voters Nov. 8, 2016.

1. Where can I find information about the five different fund categories?
​ a. Adopted budget
​2. How many times has Council been presented with a budget amendment for the purpose of transferring funds within the same fund in the last three years?

a. Approximately 2 – 3 times per year, particularly near the end of the fiscal year.

​3. Would there be a limit on the amount that could be transferred?
​a. Any transfer of funds would be based on the approved budget.

​4. Does state law require a budget amendment in order to transfer funds between departments within the same fund?
​a. No, state law does not require a budget amendment in order to move money from one department to another, within the same fund.

 Download a printable copy of this web page.

For questions regarding the above propositions, contact the Town Secretary’s Office at:

972.874.6076 or townsecretary@flower-mound.com.