I have been approached by citizens requesting a quo warranto action to remove at least two city councilwomen. They have shown me that these councilwomen are delinquent on their city taxes and there is a provision in the city charter that states such delinquency without a valid excuse is grounds for instant disqualification and removal.
I have spoken with the city attorney and he has given me a federal case Hunt v. City of Longview, 932 F.Supp 828 E.D.Texas which states that such provisions violate the 14th Amendment. Upon reading, that's what it appears to say.
Anybody have any experience with this issue or advice/direction. Also does anybody have a Quo Warranto Petition to look at. Thanks
Having been approached about some analogous questions, I suppose my first question is whether the city in question is a Type A or B General Law Municipality or a home rule city. That will have some significant bearing on the proper procedure.
Its a home rule city.
In the case of a home rule city, you have to look first to the city's charter. Any procedure provided in that charter will have to be followed. The Local Government Code does not prescribe any particularized procedure for home rule cities (unlike their general law counterparts). You can probably argue that, if the charter provides for forfeiture of office by a given act or omission, then showing that act or omission gives rise to an action in quo warranto. If the act or omission is mired in constitutional questions, I think the determination on whether to proceed is one firmly vested in the discretion of the DA (or the AG, if they decided to wade into it).
With all that said, I have some forms I'd be glad to send (though they deal with quo warranto against county or precinct officials). If you want them, just email me (my email address is in my profile).
I have been approached with a request for Quo Warranto against City Council. Can anyone forward me some forms to get me started? You can email me at email@example.com. I appreciate any help I can get!!
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