David Dasher, a member of the public, asked the council to clarify the legal status of council member Jeffs after a special session on Oct. 30 accepted her resignation.
"Once council member Jeffs accepted her resignation ... that creates a vacancy and triggers the 30 day deadline to swear in a new council member," Dasher said. He urged the council and city attorney to confirm whether Jeffs remains in a holdover capacity and retains duties and dais access until a successor is sworn in.
Dasher referenced Article 16, Section 17 of the Texas Constitution and said actions that effectively strip an officer of duties could amount to an unauthorized removal without due process. "Accordingly, I respectfully request city council and city attorney provide a statement clarifying the city's legal position regarding council member Jeff's holdover status," he said.
The mayor replied that the council understands the matter differently and said the member had voluntarily resigned to run for another office and that the seat is now vacant. "She did indeed voluntarily resign her office in order to seek another one, and so she is no longer on the council," the mayor said.
Dasher asked that the city publish the full special session packet from Oct. 30 on the city's website to ensure Open Meetings Act compliance. Council did not take formal action at the meeting; the request was recorded in public comment.