elpasospeak

Well I was wrong again.

In Thank you Dr. Noe! I closed with “This is better”.

It was not.

After posting this item “Discussion of recent contract changes that were completed prior to the departure of former City Manager Joyce Wilson” on the Thursday before this week’s city council meeting, the doctor publicly told us that he wanted to withdraw the item.  He indicated that after discussing the issue with various city officials he had the answers he wanted.

What about us?

After meeting in executive session for a rather lengthy session council came back into open session and announced that the agenda item would be deleted and that the city would be furnishing a copy of the amended contract relating to  the deputy city manager that has been sent home but that will still be paid through next year.

His original agenda item included other contracts that were changed in the last days and hours of our former city manager.

Nothing is being said about those contracts if there were any.

We don’t know.

But why would the agenda item have been deleted and one contract change produced with no comment about other changes?

What would the harm have been in continuing with the agenda item?  Some personnel actions are not subject to public disclosure but all contracts are.  Were contracts with vendors modified at the last minute?  If no other contracts were modified we could have learned that in open session.

Instead the city published a single contract and we are left to wonder if there were others.

We deserve better

Brutus

Our city council had a meeting this Monday (May 19, 2014) to discuss whether council had violated the open meetings rules when it came out of executive session the other day and did not hold a public vote on action that they evidently had decided to take.

The meeting was a farce, more about that in another post.

Not posted

It seems that the special meeting held Monday was not posted on the city’s web site.  The screen shot below was captured that Monday and it does not refer to a May 19 meeting.

Does the law say that council has to post it’s agenda on the city web site?  No.

They post their other agendas there however.  A reasonable citizen has the right to expect that all city council agendas are posted in the same place.  Otherwise they could be hiding meetings frequently.

Deliberate or accidental?

If they deliberately skipped the posting they should be taken to task.  If this was an accident then we have further proof of their incompetence.

We deserve better

Brutus

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