CYPRESS : Limits on Council Service Challenged

The City Council refused to consider overturning a law this week that limits council members to eight years in office, despite warnings from city officials that the law is unconstitutional.

In 1977, an amendment was added to the City Charter barring people from serving more than eight years on the council. City Atty. Jerry M. Patterson said that the language in the amendment is flawed because it implies a lifetime ban, which is constitutionally unsound.

“In my opinion if it were challenged, it would be successfully challenged,” Patterson said. It places unfair restrictions on people who run and also on constituents’ rights to choose elected officials, he said.

However, opponents argue that if the law is changed, it would allow politicians to become “career council members.”

Several cities have successfully curbed the number of terms council members serve. However, most allow former members to run again after sitting out for a specified amount of time. In contrast, the Cypress law places a flat eight-year limit on service.

Councilman John Kanel, who completes his second term in November and therefore is barred from seeking reelection, asked the council to consider the issue.

In order to change the charter, the council would first have to approve an amendment that would then go before the citizens for approval. At this week’s meeting, there weren’t enough votes to give the issue consideration.