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
Posted by Brutus 
elpasospeak 
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