Proposition 8, a suggested change to the City Charter by the Charter Review Commission emphasizes Due Process in the course of any city council investigation. The Review Commission cautioned that the wording of Section 3.15 may be of concern and the city’s commitment to constitutional rights should be stated clearly.The addition to Section 3.15 of the City Charter adds the sentence: “Any person participating in such an investigation shall have all rights afforded by the Constitution and laws of the United States and the State of Texas.”
City Councilmember Chris Jones said he could not remember a time when anyone was under investigation by the Council, however, he said the new statement ensuring due process is valid.
“I’m supportive of it and I’ll be voting for it,” said Jones. He said the Council saw the change as something that reinforced their dedication to Due Process.
San Marcos residents expressed concern in the reasoning behind the new statement.
“Why do they feel it’s necessary to mention such a thing?” said San Marcos resident Terry Norris. “What’s the motive behind it?”
San Marcos business owner Bill Jones also had a tentative reaction to the rewrite.
“Do the laws of the nation supercede those of the state in such an investigation?” said Quick Align owner Bill Jones. “That’s where I would be concerned. They have three different (governing) bodies with different interpretations of the law in the same sentence.”
Amendment 14 of the United States Constitution declares that, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
by Mary Dichard