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City attorney finds no charter or Chapter 171 violation after council reviews complaints
Summary
After an executive session and legal review, the city attorney told the Kennedale council he found no violation of Chapter 171 or the city charter in the complaints filed against council members and noted that criminal enforcement under Chapter 171 would be for the district attorney.
The council considered complaints filed against two council members and briefly moved into executive session to consult the city attorney. After reconvening, the city attorney explained his review of the filed complaints and advised the council that he found no violation of Chapter 171 (conflict-of-interest statute) or of city charter Section 12.07 in the materials presented to the council.
The attorney clarified that a 200-foot notice rule is a zoning-notice requirement and is unrelated to the conflict-of-interest analysis; he said that being within a 200-foot notice area does not automatically create a disqualifying conflict. He also reminded the council that Chapter 171 carries potential criminal penalties and that any criminal investigation or charges would fall to the local district attorney, not to the city council or city attorney.
Councilmembers asked whether any conduct rose to the level of violating the oath of office; the city attorney stated he was not aware of any conduct that would constitute such a violation based on his review of the complaints. No formal disciplinary action was taken during the meeting.
