A former Killeen City Councilman is working to recall a pair of sitting council members; however, Killeen voters don’t seem to be in a hurry to get on board with the effort just yet.
Based on the petition received by the city of Killeen on June 28, Jonathan Okray is seeking Jose Segarra’s and Ramon Alvarez’s removal from the council by a vote in November over their actions regarding Proposition A (Killeen’s decriminalized marijuana law) passed 2022 and the subsequent lawsuit the city faces on the topic from Bell County.
Okray, as well as other opponents of the city’s marijuana law, say it conflicts with state law, as it prohibits Killeen police officers from arresting and charging people with misdemeanor amounts of marijuana (less that 4 ounces).
“Officials not only allowed a proposition inconsistent with the Constitution and laws prescribed by the Legislature of the State to be offered to the electorate for consideration, but they also canvassed and adopted the proposition into ordinance, in direct violation of the Constitution of the state, applicable state laws, and City Charter provisions,” Okray’s petition contends.
On Saturday, as he stood outside the Rosa Hereford Killeen Community Center, Okray said voters never should have had the opportunity to vote on the proposition. Now, also, the city is spending money defending itself in a lawsuit with Bell County being the plaintiff — a lawsuit Okray supported.
“Proposition A never should’ve been on the ballot,” he said Saturday. “I totally get that people went out and voted for it and everything and it was overwhelmingly by all metrics a majority. But the straw that broke the camel’s back really was the additional money that will be spent defending the lawsuit.”
The City Council recently voted to spend up to $100,000 this fiscal year defending the lawsuit filed by Bell County, which says Killeen’s law violates state law and hampers the city’s police officers from doing their jobs.
As of Saturday, Okray’s petition does not seem to have generated a lot of interest. Saturday morning, Okray had eight signatures on both petitions. He has until July 31 to get 2,037 for each to get the items on the ballot.
Those who wish to sign the petition can look to Okray’s Facebook page for dates, times and locations he will be with the petitions.
In 2011, Okray led a successful campaign to recall five Killeen council members over a $750,000 pay out to the outgoing city manager at the time. Killeen residents ended up voting all five out of office in November 2011.
Okray later ran for election and served on the Killeen City Council from 2012 to 2018.
Okray said he has recently become outspoken about the city’s marijuana law issue.
“I didn’t go looking for it,” he said. “But we’re talking about something very fundamental, which is following the rules and laws.”
On Nov. 8, 2022, Proposition A passed overwhelmingly in a vote of 16,845 to 7,411, holding just shy of 70% of the vote.
The Bell County Commissioners’ Court voted unanimously on Dec. 22, 2022, to file a lawsuit against the city of Killeen.
Proposition A called for an end of enforcement by Killeen police officers for Class A or Class B misdemeanor possession of marijuana offenses, except in limited circumstances.
Alvarez called the Herald Saturday afternoon to discuss the petition.
“I tell everybody, as local elected officials, we’re not tasked with being attorneys, judges or court of law,” Alvarez said Saturday. “We’re elected officials, elected by the people to represent the people.
“We had an election for Proposition A, an ordinance that was brought forth by a private organization — legally. It went to the voters, not by choice of the council. It was their right to take it to the ballot when we turned it down.”
Killeen’s charter require that the City Council move an ordinance forward for a public vote if the council either rejects or modifies the ordinance — provided the petition advocating for the ordinance has the required number of valid signatures. The council rejected the proposed ordinance last July, which pushed it to the ballot last November. After voters approved it, the council adopted it as a new city law with some modifications.
Alvarez, who signed the original petition to get the city law on the ballot, said politics has gotten in the way of state bills that address either decriminalization or legalization of small amounts of marijuana from being heard in the Senate.
“I’ve always been attracted to local elections and local positions like these because they’re nonpartisan; the unfortunate part is when politics get drug into it, just like they are with this issue of marijuana,” he said. “It’s not the issue about marijuana because the Texas House has had bipartisan support on this issue for recreational use marijuana for two legislative sessions in a row.”
During the 88th Legislative Session, the Texas House passed House Bill 218 by a vote of 87-59. The bill would’ve made possession of up to one ounce of marijuana a Class C misdemeanor, which would’ve maximized the penalty at a $500 fine and erased the threat of jail time. It also would’ve stipulated that those with possession of two ounces or less only receive a citation and not be jailed. Those individuals would also have had the ability to petition to have those charges expunged.
Segarra could not immediately be reached on Saturday.
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