Proposition H: Expanding Legal Representation Options for the City

Proposition H proposes changes to Section 3.10 of the Harker Heights Charter, clarifying who can represent the city in legal matters. The amendment allows the city to use attorneys other than the City Attorney when necessary, either through direct authorization by the City Council or agreements with external legal providers.

Key Changes:

• Expanding Legal Representation Options: Previously, the City Attorney was listed as the only person who could represent the city in court. This amendment allows the City Council to authorize other attorneys to handle litigation, either directly or through agreements with outside legal services.
• Formalizing the Use of External Legal Services: This change reflects how the city already operates. For example, Harker Heights has an agreement with the Texas Municipal League Intergovernmental Risk Pool (TMLIRP), which provides attorneys when the city is sued for certain types of claims. This amendment ensures the charter reflects that insurance providers or external law firms may represent the city when needed.
• City Attorney Retains Advisory Role: Even though other attorneys may handle lawsuits, the City Attorney will still serve as the primary legal advisor to the city, its officials, and departments.

Implications:

• Increased Flexibility in Legal Matters: The amendment ensures the city can efficiently manage lawsuits by using specialized attorneys or those provided through agreements, such as insurance providers. This is particularly helpful for complex or insurance-related claims where external expertise may be needed.
• Alignment with Existing Practices: Since the city already uses external attorneys for some cases, this change makes sure the charter reflects reality and avoids any potential conflicts between the city’s practices and the charter.
• No Financial Impact: The proposal emphasizes that this change won’t create new costs—it simply makes it clear that the city can continue working with external attorneys when necessary.

Should You Vote YES or NO on Proposition H?

This amendment is mostly about clarifying how the city handles legal matters. If passed, it will make sure the city has the flexibility to choose the right legal resources for different types of cases. However, some residents may feel that this gives too much discretion to the City Council to delegate legal work to outside attorneys.

Conclusion:

Proposition H ensures the city can use outside attorneys or insurance-provided lawyers when necessary, without conflicting with the charter. Voting YES would formalize the current practice and give the city more flexibility in handling lawsuits. Voting NO would mean the City Attorney remains the sole legal representative, which could limit the city’s ability to efficiently manage complex or insured legal cases.

For more information, visit the official Harker Heights Election Page.