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Gonzales council deadlocks on recall election petition; matter sent to closed session, no final action

2809438 · January 16, 2025
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Summary

Council debated whether a submitted recall petition met charter requirements, questioned legal sufficiency and voted without resolving the petition; the item went to closed session and will be revisited at a future meeting.

The Gonzales City Council spent more than two hours on Jan. 30 debating a citizen-submitted recall petition targeting a District 4 council member and whether the petition met the city's charter requirements. After extended public comment, legal advice and council discussion, the council took no final action and sent the matter to closed session for legal counsel. No election was ordered at the meeting.

Nut graf: Council members disagreed over whether the circulated petition contained sufficient, specific allegations as required by the city charter; the city attorney advised the council that courts and counsel typically read charters by the text voters approved and that the council should consider legal implications before setting an election date.

Key actions and debate: Councilmember Jordan moved to discuss and consider possible action on an ordinance (2025-2) ordering a special election for May 3, 2025, to vote on the recall. The motion was seconded and generated lengthy debate over legal sufficiency and process. Multiple council members and outside attorneys addressed whether the charter requires the council or the city secretary to evaluate the sufficiency of allegations in the petition.

Councilmember Jordan later moved to reject the order for a special election (i.e., to block the May 3 date). The motion to reject received a second, but the vote failed; the council did not reach a final decision to call or to cancel the election during the public meeting. Council members expressed concern that either ordering or not ordering the election could prompt litigation; the city attorney said the matter could lead to court proceedings regardless of the council's choice.

The council ultimately recessed for a short break and then entered a closed session under Texas Government Code Sec. 551.071 for legal advice on pending or contemplated litigation related to the petition. After closed session the mayor reported "no action recommended out of closed session" and said the ordinance was moot for the night and would be revisited at a future meeting. Council discussed scheduling a follow-up meeting or using the Feb. 13 council meeting to continue the matter; a special meeting was also suggested.

Ending: The council did not set a recall election date at the meeting and left the petition's procedural status unresolved. Council members asked for further legal briefing and discussion before any ministerial action is taken to set an election.