2018-152a Qualified Voter RequirementDate: October 12, 2018 Report No. 2018-152
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Qualified Voter Requirement for Appointed Board Members
DISCUSSION:
We were recently asked to review whether or not individual board and commission members
appointed by City Council must be “qualified voters” of the City of Denton. Currently, the Denton
City Code (“Code”) has a general requirements ordinance which states that any individual
appointed to a City board or commission must be a “qualified voter” of the City of Denton.1 Under
our Code the word “board” means any “…managerial, administrative, or quasi-judicial body of
persons which has an advisory or deliberative character and whose members are appointed by or
serve at the pleasure of the city council.”2 It is important to note that the requirement that
individuals be a “qualified voter” generally does not apply to bodies of a limited duration or
purpose, such as ad hoc committees and task forces unless specified in the bodies’ specific enabling
ordinance.3
After reviewing current Federal, State, and local laws we found that there is not a legal requirement
that individuals appointed to local boards and commissions be qualified voters. Our ordinance
requiring board and commission members be qualified voters was passed in 1966 and is a self-
imposed limitation. In light of current law we are recommending our ordinances be updated and
amended to reflect the current qualification recommendations as determined by City Council.
If City Council prefers to remove the qualified voter requirement for individuals appointed to
boards and commissions (with the exception of PUB) then an amendment to the general
requirements ordinance would be necessary. Also, since some boards have specific qualifications
such as profession type or being a resident of the city, board specific ordinances would need to be
reviewed and possibly amended to ensure they are consistent with any amendments to the general
ordinance.4 This would be a relatively simple and straightforward process that could be dealt with
through the consent agenda.
STAFF CONTACT:
Aaron Leal
City Attorney
Aaron.Leal@cityofdenton.com
940-349-8376
1 Denton City Code, Sec. 2-61.
2 Denton City Code, Sec. 2-81.
3 Denton City Code, Sec. 2-64.
4 For examples of boards with specific requirements see: Denton City Code, Sec. 35-236 Historic Landmark
Commission; Denton City Code, Sec. 2-251 Economic Development Partnership Board; Denton City Code, Sec. 2-
260 Health Building Standards Commission.