Bastrop council debates rejecting city clerk resignation amid questions over shredded records

Bastrop City Council members on Tuesday debated a motion to reject the resignation of the city clerk and questioned whether documents were improperly shredded near the end of the outgoing administration.

The debate grew from a motion by Councilmember Bishop Brasco: “And I'd like to make a motion to reject her resignation as she remained clerk until the new administration determine what they'd like to do.” The council did not record a final vote on that motion during the meeting.

City Attorney Mitch told the council that a resignation creates a vacancy and that officials can be terminated by vote, but that resignations themselves are typically unilateral. He also warned about potential criminal exposure for destroying public files: “Destruction of public record can be anywhere from a misdemeanor to a felony,” he said.

Council members and at least one resident said they received a resignation letter that appeared to be backdated and that they had been unable to obtain records they had requested earlier in the week. Councilmember Mr. Grama told the meeting he had not received documents he had asked for and called for transparency about who authorized any shredding.

Mitch advised the council to make a formal document request and to check the city’s record-retention schedules filed with the secretary of state. He said as a practical matter the city typically retains records for five years but that retention periods vary by record type and statute.

Council members pressed for clarity on whether any shredded material might be subject to the retention schedule. The attorney said the process for destroying records requires an assessment that a record is not subject to retention or is past its retention period, and that outside legal review is sometimes used to provide additional assurance.

Discussion also covered whether a clerk who resigns can return to a non-elected city role; the attorney said an official may resign and later be employed in a regular staff position if that job exists and the administration chooses to hire that person.

By the end of the discussion council members agreed to pursue a formal request for the documents that had been sought, and the attorney recommended seeking outside counsel or a formal opinion if there is uncertainty about retention or destruction. No formal termination vote or final decision on the motion to reject the resignation was recorded in the meeting minutes.

Council members said they want the incoming administration to be able to perform a full transition and to have access to any records related to the municipal functions done during the outgoing official’s tenure.

The matter remained under discussion; council members asked staff to produce the responsive records and to provide clearer dates and documentation related to the resignation and any record destruction.