In a metropolis that’s recognized for difficult GOP insurance policies its progressive residents don’t agree with, new Mayor Gina Ortiz Jones is asking on native leaders to take extra steps in guaranteeing that proposals popping out of Metropolis Corridor don’t battle with state and federal legislation.
Among the many modifications Jones is asking for is a requirement that Metropolis Council members submitting Council Consideration Requests (CCR) first receive a signature from town supervisor acknowledging he’s seen the proposal.
It could then go to the Metropolis Lawyer’s workplace for an “preliminary screening” to find out whether or not the coverage is “clearly preempted” or would result in “non-compliance” with the legislation, in accordance with an Aug. 8 draft of the mayor’s modifications.
“On this authorized surroundings, we have to reduce the chance to our group,” Jones informed the Metropolis Council on Wednesday whereas laying out her reasoning for a number of procedural modifications that many members have balked at.
As a blue metropolis in a purple state, previous San Antonio metropolis leaders have lengthy taken a extra adversarial strategy to Texas legal guidelines they didn’t like.
Town joined a lawsuit to cease Texas’ Loss of life Star invoice in 2023, devoted cash to assist ladies circumvent the state’s near-total abortion ban earlier this 12 months, and famously fought the state for energy to maintain Chick-fil-A out of the San Antonio Worldwide Airport early in former Mayor Ron Nirenberg’s tenure.
Towards that backdrop, Jones’ deal with minimizing authorized conflicts with state leaders marks a change within the political discourse.
The progressive Democrat campaigned promising to maintain San Antonio “compassionate” by defending residents from dangerous GOP insurance policies on the state and federal stage.
“I proceed to suppose it’s vital that we arise for our group, for all members of our group, and I definitely will stand by that,” Jones mentioned in an interview Wednesday night.
However more and more aggressive, Republican-dominated courts have made such actions extra dangerous, she famous, and town must take further precaution to maintain itself from turning into a goal.
“You’ve seen steps taken on the federal stage the place rule is legislation shouldn’t be what we knew it to be,” Jones informed the Report.
Simply this month, Gov. Greg Abbott requested the Texas Supreme Court docket to take away from workplace Democrats who broke quorum to cease President Donald Trump’s redistricting plan, whereas federal leaders have engaged the FBI to hunt them down and Lawyer Basic Ken Paxton has steered Beto O’Rourke ought to be jailed for fundraising violations.
“The authorized surroundings has modified, it’s extra charged. Authorized dangers are larger,” Jones mentioned at Wednesday’s assembly, whereas stressing that council members can nonetheless file their coverage proposals for consideration no matter what the preliminary authorized assessment turns up.
“As elected officers representing your constituents, you’ll be able to assessment the written doc that town lawyer has to offer … and decide should you would nonetheless prefer to sponsor the CCR,” Jones mentioned. “It doesn’t cease something. … It provides us extra consciousness.”
Pushback from council
Thus far Jones’ proposed modifications to the council’s policy-making course of have confronted dramatic pushback from liberal and conservative members alike.
Councilwomen Marina Alderete Gavito (D7) and Teri Castillo (D5) each pointed to latest profitable CCRs — Alderete Gavito’s harmful canine coverage and Castillo’s restrictions on metallic recycling — which confronted preliminary pushback from town lawyer’s workplace however finally discovered a manner ahead.
“Whereas I perceive the intent, what we hear is that the insurance policies that our constituents depend on and anticipate us to place ahead, we’re usually informed they’re preempted,” Castillo mentioned.
Extra broadly, Castillo and different council members expressed concern that Jones’ modifications would negate council’s authority to set its personal policy-making procedures, as members went to nice lengths to do final 12 months.
Present CCR insurance policies are set by an ordinance that the complete council voted on final 12 months, below Nirenberg’s tenure, to make sure the mayor should give all members’ proposals equal and speedy consideration.
Beforehand the mayor had sole discretion over which insurance policies superior, with some shifting rapidly and others sitting untouched for months and even years.
Defending that victory has pit even Councilman Marc Whyte (D10) — a conservative lawyer who spent a lot of his first time period begging colleagues to maintain metropolis authorities in its lane — towards Jones’ proposal to display screen for preemption conflicts.
“We positively don’t need metropolis ordinances to be in battle with state legislation,” Whyte mentioned in an interview after Wednesday’s assembly. “[But] should you have a look at the present ordinance … there’s a course of [for legal screening]. If the mayor desires to alter the method to have the authorized assessment carried out sooner, we have to have one other vote and amend the ordinance.”
It’s unclear whether or not Jones will agree. She reiterated Wednesday that her purpose was to make the CCR course of run extra effectively, and doubled down on the concept her actions are inside her authorized authority as mayor.
Metropolis Lawyer Andy Segovia authorised Jones’ concepts earlier than she offered them final month, however indicated she and the council must type out their variations amongst themselves.
“My authorized evaluation is this can be a household matter,” Segovia mentioned. “[The] household is the elected officers, and neither [City Manager Erik Walsh], nor I, nor the clerk, belong to the household.”
Whyte, Alderete Gavito and Castillo compelled Wednesday’s assembly to be referred to as by a three-signature memo, and practically all members mentioned they need changes to the council’s policy-making procedures to be achieved by a council vote.
Jones declined to say afterward how she deliberate to maneuver ahead.
