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San Marcos City Council approves ordinance restricting lobbying

Sunday, June 6, 2021

After a contentious two hour discussion, the San Marcos City Council approved an ordinance requiring lobbyists to register and periodically report contacts they make with elected city officials, board members, commission members and city employees.

The ordinance aims to improve transparency regarding city business and services to the public.

The ordinance states that it’s designed to “maintain public confidence and public trust in our city officials and employees when public resources are used and municipal decisions are made; and require certain individuals to register as lobbyists and report exchanges with city officials and city employees.”

The ordinance defines a lobbyist as a person “who engages in lobbying for compensation or economic benefit, whether directly or through the acts of another.”

The ordinance also creates a criminal penalty not to exceed $500 for anyone who violates it and states that each day in which a violation occurs is punishable as a separate offense.

Prior to the final vote, Councilmember Mark Gleason motioned twice to postpone discussion on the ordinance stating that the ordinance included “unintended consequences.”

“I think there are some things in there that I’m not super happy with and I think it actually does limit people’s political speech and I think there’s just some verbiage in here I’m not totally comfortable with and I want to do some more research on it,” Gleason said. “I’m not prepared to vote on this tonight … I had some community members reach out to me that are concerned about what the implications are of this. So, I want to look at this some more before I make a vote on it.”

Councilmember Maxfield Baker questioned Gleason’s motives with his motion to postpone taking action on the ordinance, asking if it had to do with donations made to him by the San Marcos Police Officers Association.

“I take offense to you even making that accusation and I don’t think that’s an appropriate thing,” Gleason replied. “I have my own personal qualms with this because of the way it’s done. I think we’re trying to fix something that’s not necessarily broken.”

Mayor Jane Hughson brought up concerns that the ordinance isn’t fully complete.

“I’m still trying to determine exactly what is our problem that we’re trying to solve by this ordinance,” Hughson said. “I had said that before and I will say it again because if it’s influence, this ordinance doesn’t do that. It’s only focused on money. I don’t find anything about email messages, phone calls, etc. that attempt to influence our vote when there’s no money involved.”

The first motion to postpone discussing the ordinance to the Aug. 17 meeting failed 4-3 with Councilmembers Shane Scott and Gleason, and Hughson voting in favor.

The second motion to postpone the discussion until Aug. 3 also failed 5-2 with Scott and Gleason as the only remaining votes in favor of postponement.

After an additional hour of conversation following the postponement votes, the council ultimately approved the ordinance on first reading — 5-2 with Gleason and Scott voting no. The council also approved an effective date of Aug. 3.

The ordinance is scheduled to come back to council for a second reading during its July 6 meeting.

In other business, the council chose to move forward with the creation of a Mexican American and Indigenous Heritage Culture District. which recognizes the first four established Mexican American neighborhoods in San Marcos. Those neighborhoods are considered the El Barrio del Jorobado and El Barrio de la Nalga Pelona — currently known as the East Guadalupe Neighborhood; El Barrio de la Victoria — known as Victory Gardens Neighborhood; and El Barrio del Pescado, now known as Wallace Addition.

Councilmembers voted to approve an ordinance authorizing the issuance of City of San Marcos, Texas General Obligation Refunding Bonds in an amount not to exceed $75 million.

The council approved a resolution that would direct publication of a notice of intention to issue certificates of obligation in an amount to not exceed $72,670,000. The certificates of obligation would be used for construction, improving, designing, acquiring and equipping the city’s wastewater system, electric utility system, streets, municipal buildings, stormwater management and flood control facilities, airport, public safety facilities, network and fiber optic infrastructure equipment, recreational facilities, a new public services facility, parking facilities and the payment of professional services. The council approved to drop the original cost by $1 million, removing funding included for Cape’s Dam. Additionally, councilmem

bers approved a resolution supporting and authorizing the submission of applications by the Parks and Recreation and Engineering departments to the Hays County Parks and Open Spaces Advisory Commission for the Hays County 2020 Parks Bond to fund City Parkland improvement, acquisition and flood mitigation projects.

The council decided to move forward with a temporary, in-house, grant writer to organize and fortify the city’s nonprofits for those recently homeless following the COVID-19 pandemic and for any future pandemic emergencies and natural disasters.

ncastillo@sanmarcosrecord.com

Twitter: @Nick_Castillo74

San Marcos Record

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P.O. Box 1109, San Marcos, TX 78666