Our city attorney is way out on a limb because of the advice that she evidently gave city council about the process used to negotiate with our potential city manager.
City council went into a closed meeting to discuss their selection. When they re-convened in open session they did not take a formal vote to authorize the negotiations with their candidate.
They must have decided to do that in closed session.
The 2012 Texas Open Meetings Act Made Easy contains this language:
A court has held that a member of a governing body may indicate during an executive session
how he or she plans to vote on an item. However, the governing body may not conduct a
straw vote or a formal vote during such a session. The Act requires that any final action,
decision or vote be taken in an open meeting.
The actual law contains this:
§ 551.102. Requirement to Vote or Take Final Action in Open Meeting
A final action, decision, or vote on a matter deliberated in a closed meeting under this chapter may
only be made in an open meeting that is held in compliance with the notice provisions of this chapter.
Without a vote how did council decide which person to make an offer to?
The great enabler
Our city attorney repeatedly gives advice to council and makes statements to the public that violate the spirit of our laws. The law may have been violated here. Two council members have asked for a special meeting of city council in order to get a written document from the city attorney where the city attorney tells them that they have not violated the law.
If she provides the document they will be off the hook. Otherwise they could be subject to criminal charges.
What a shame. Council members have the right to expect their city attorney to keep them out of trouble. This city attorney actually sits and watches while council violates the law.
Acting city manager controversy
The Times has reported that there is concern that council cannot appoint an acting city manager because our charter gives that prerogative to the city manager.
Here is what the charter says:
Section 5.4 ACTING CITY MANAGER.
By letter filed with the City Clerk, the City Manager shall designate a City employee to exercise the powers and perform the duties of City Manager during the Manager’s temporary absence or disability. The City Council may revoke such designation at any time and appoint another employee of the City to serve until the City Manager returns.
Temporary absence
These documents are easy to look up.
We deserve better
Brutus
elpasospeak 
Any council member or mayor should be familiar with the basics of the open meeting law as outlined in your post. Law aside, they should also be committed to transparency and open government, which they are not. So while the city attorney might be incompetent, its disingenuous for certain reps to have participated in this process and then blame the city attorney after the media calls them on it. Firth’s error could work in our favor if it were to cause them to all be thrown in jail.
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Yes, they are required by state law to take training on the open meetings laws.
Brutus
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Which proves my point. They knew full well what they were doing. They just didn’t care because they didn’t think they would get called on it. They also have been lulled into thinking that the El Paso Times is their ally, who will support and endorse their every decision. The ballpark process created a sense of immunity among council members, a feeling that HOW things are done is totally up to them and that they can do whatever they want without consequences, legal or otherwise.
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News tip. Apparently more layoffs to be announced at the El Paso Times. Morale is incredibly low. Senior management makes big money while going out to lunch for hours at a time while the rest of the staff never gets any praise from management. The times appears to be a mode of pampering senior management, keeping kids who are low paid on staff, and killing everyone in the middle. Word from the newsroom is they call the Times “little mexico” because its so corrupt. Not sure what specific issue they think is corrupt as I was in listen mode and just letting people talk without asking questions.
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What is the “temporary absence” or “disability” that requires the appointment of an interim city manager? We are paying Ms. Wilson about $20,000 a month to carry out city manager duties. Why is she unable to do so from now to the time that Mr. Gonzalez assumes charge (presuming that he does) on June 23? Mr. McGlynn may be a fine bureaucrat, but why are we going to burnish his resumé (and perhaps increase his salary for that five weeks) rather than keep Ms. Wilson on the job? What exactly would she do as a “consultant” to Mr. McGlynn during those five weeks????
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In case you don’t read El Paso Inc – some quotes from Joyce Wilson, from the article in this week’s edition about Gonzalez. Be MOST interesting to know what she is going to do in the private sector…any guesses?
Wilson said the order of things makes sense “on the surface.”
“I’m just not sure that legally it was handled appropriately,” she said. “My contract is in force through September and I’m not sure the council can appoint an interim without removing the current city manager.”
Other than that, she said, “I’m fine, I’m happy. I’m going to stay in El Paso, and I actually have some opportunities here in the private sector.”
Laughing, she added, “So, I won’t have to tell anyone how much money I’m making,”
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This evening’s special council meeting was a farce. Total BS. The only thing we learned is that the mayor and council members hold our city attorney in high regard and think the quality of her work is just fine.
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