My reluctant Plan Commission resignation: incumbents win again, citizens lose. Another reform needed!

"Don't be afraid to give up the good and go for the great." —Steve Prefontaine

I have occupied this seat on the Plan Commission for 10 of the last 12 years, learning from this role much about our city, our people, and our city government. The citizens of Garland deserve a city government that is as good, as trustworthy, and as honest as they are—and that represents ALL citizens and not just the powerful few.

I have resigned twice from the City of Garland Plan Commission. Once, six years ago, was out of courtesy to the winning District 2 City Councilperson, Anita Goebel. In the election I had supported her opponent and thought she ought to be able to choose her own candidate for my seat on the Plan Commission. I served six years before Goebel was elected.

Two years later Goebel called me to ask me if I would return to the Plan Commission as her nominee. This time I have served for four years—a 10-year stint in all.

However, the second time—this time—I resigned unwillingly after I filed to run for Mayor of the City of Garland.

A Garland tradition says board and commission members must resign if they file to run for mayor or city council.

The same rule does not apply to city councilmembers or mayors who file for re-election or councilmembers who file to run for mayor. They are allowed to keep their seats and get as much free TV air time as they can muster on the City's TV channel and exposure in the city press.

As I have said previously in other blogs, it's all a part of an anti-citizen, anti-free election attitude in the city that vaults city-paid incumbent city officeholders above ordinary citizens, who give voluntarily of their time to serve on city boards and commissions.

The tradition, which is actually written into the city's charter but is unclear in Texas law which supersedes our charter, gives incumbents an advantage that ordinary citizens don't have.

As soon as the filing deadline passed for council seats, I texted a Garland politico to dialog about why he thought no one had filed against the two incumbents.

"Hard to beat an incumbent who seems to be serving their district," he replied.

No wonder so few citizens ever want to run for election in our city! The deck is stacked against them.

In our current council elections, two incumbents are running unopposed.

A third citizen entered the race for his district seat, but no second candidate filed, so the unopposed candidate wins by default.

In the fourth race, the incumbent, who was ineligible to run for re-election, is listed as one candidate's campaign treasurer and is reported to be managing his campaign. The other candidate in the race led the successful recall petition against the incumbent, who is now fielding her candidate against the person who led the recall petition against her.

To add to the confusion, as Mayor Douglas Athas has pointed out, the majority of city councilmembers were not actually elected to their seats by the voters but by the council itself because the councilmembers were running unopposed.

At one point before he and a group of six city councilmembers got crossways with each other, resigning Mayor Douglas Athas tried to say that not having elections in Garland was a sign that the council was doing a great job and the public recognized that.

I wonder whether he is making that statement now.

This is why I continue to assert, "Incumbents rule in Garland."

So back to my reluctant decision to submit my letter of resignation from the Plan Commission instead of fighting the unfair "tradition" in the courts.

I will miss Plan office personnel Will Guerin, left, and Isaac Williams, but I look forward to working again with them when I am mayor.

This is what I said in my letter of resignation:

"I submit this resignation reluctantly. The Garland City Attorney's office tells me the issue of the city forcing a board or commission member to resign and lose his or her seat immediately on filing for a city office (while not requiring the same of a sitting city councilmember or mayor seeking re-election) is a "gray area" that is not clearly defined by a careful reading of both the City of Garland's Charter in combination with existing Texas law on this matter.

"The city Attorney's Office tells me that such a required resignation has been a 'tradition' in Garland for a number of years but has not been tested in court.

"As you know, Mayor Douglas Athas resigned in February and because of state law is allowed to remain in office until his successor is sworn in. Also, District 2 City Councilmember Anita Goebel, after a recall petition, also resigned in February but remains in office until her successor is sworn into office in May.

"I want to go on record as stating that I believe such a tradition is unconstitutional and biases city elections in favor of sitting (incumbent) councilmembers and mayors who seek re-election. I also believe it violates my civil rights as a citizen of this city.

"I believe the only fair legal remedy is for the requirement for resignation of commission and board members while filing for public office to be removed from the City Charter."

"Because of my deep concern for the needs of the City of Garland and its people, I feel I must devote all of my time to the campaign for Mayor and not at this time fight this needless, senseless and questionable tradition that is biased against citizens."

When I first was seated on Garland's Plan Commission 12 years ago, now-chairman Scott Roberts sat next to me and helped tutor me in the work of the commission. Sad to say goodbye to him on Monday.

A voice crying in the wilderness? Maybe. One of my favorite sayings is, "You can lose the battle but win the war." I hope in this case that's true.

As mayor, I'll have a greater opportunity to move the city along toward a more fair and open society where all citizens—not just the tiny group of predominantly Anglo citizens who control it now—have a place at the city's table.

As I have said many times, in many places, in many ways my vision includes ALL citizens having an equal voice in the business of our city.

Idealistic? Yes.

Possible? Yes. But with a lot of work necessary to reach the goal.

I look forward to the day when Garland once again has elections that are free and open to everyone equally and in which citizens by the droves instead of the handfuls actually vote!

I have enjoyed serving on the Plan Commission with Commissioner Chris Ott, right.