I brought this up yesterday in my wrapup of the city and HCC runoffs, and I’m asking it again here in the hope that someone who can provide a definitive answer will offer one. The question I have is whether or not CM Brenda Stardig is eligible to run for re-election in 2015. As I noted in that post, CM Stardig’s position is similar to that of former CM Jolanda Jones, who flirted with the idea of running in District D this year, thus igniting a stir over whether or not the term limits law allowed for her to run. The law says “No person, who has already served two full terms, shall be eligible to file for that same office.” City Attorney David Feldman interpreted that to mean that Jones could not run again, since she has served two full terms. My initial reaction was that Stardig was in the same kind of boat, but thinking about it again now, she’s not. If Stardig were to run for a third term, she would file for that election prior to serving out her second term, thus meeting the requirements of the term limits ordinance. A Houston Politics post from 2012 that includes a copy of Feldman’s position supports that view. In practical terms, that means that if you’re an incumbent Council member and you must lose an election, better it to be after your first term than after your second. You can win one, lose one, then win two more, but if you win two and then lose one, you’re out of luck. In other words, Helena Brown and Andrew Burks could come back and wind up serving three terms on Council just as Stardig could, but Jolanda Jones and Al Hoang are finished as Council members, though they could still run for Controller or Mayor.
All that assumes you accept Feldman’s interpretation, which Jones at least said she didn’t. I have to say, while this may be technically correct, it feels wrong to me. The clear intent of the term limits law was to restrict Council members, Controllers, and Mayors to three terms. It’s possible there was some discussion at the time of whether or not those terms had to be consecutive or not – it’s been a long time, I sure don’t remember – but even if there were I’m willing to bet that the prevailing opinion among city voters would overwhelmingly favor the simple “three terms and you’re done” perspective”. I presume that sooner or later this is going to need to be settled by a judge, or by a fix to the ordinance being passed by the voters. Be that as it may, I feel confident that the subject will come up again, any time the subject turns to Stardig and her possible re-election effort in two years.
One reason why this may matter, beyond the simple effect on folks like Stardig and Jones, was vocalized by Texpatriate, who wondered “if Brenda 2.0 becomes super conservative just to placate some of her angry, right-wing constituents”. Maybe the odds of that are greater if she has the option to run for re-election – she might emulate some of CM Brown’s positions in order to protect herself against a third matchup with Brown, for example. No guarantee she’s behave this way – Stardig might well conclude that there are limits to the crazy in District A, and her successful comeback is proof of that. Regardless, it’s not unreasonable to think that a term-limited Stardig could be a different Council member than a Stardig who has one more campaign to go.
So that’s my question. Writing this has led me to what I think is the technically correct answer, but I’m not convinced that the matter is settled. What do you think?