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Council fights over mayoral powers, temporary restrictions and open‑meetings questions
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Summary
A prolonged debate focused on whether the council can limit or prescribe mayoral duties under Texas law. Council adopted temporary measures to limit the mayor’s direct contact with certain employees while an investigation proceeds; the move exposed deep legal disagreement and threats of litigation.
Council members and the mayor engaged in repeated and sometimes emotional exchanges over a proposed ordinance that would clarify and in some respects limit the mayor’s ability to contact certain staff and access non‑public areas during a personnel investigation.
City Attorney Cynthia Trevino presented the ordinance language as a reiteration and clarification of prior council action; outside counsel and another attorney quoted portions of the Texas Local Government Code and case law to argue the council lacks authority to permanently restrict mayoral powers in certain ways. The mayor repeatedly characterized the restrictions as "ultra vires" (exceeding authority) and said they infringe on his statutory duties.
Council ultimately adopted temporary measures (the council characterized them as time‑limited and tied to the personnel investigation) that restrict the mayor’s direct contact with certain employees and access to some non‑public facilities. Council members who supported the measures said the limits are narrow, temporary and intended to protect employees and the integrity of the investigation; opponents said the council had no authority to impose such restrictions and warned of legal challenges.
The debate included multiple procedural arguments about agenda posting and whether prior closed‑session actions were properly noticed under the Texas Open Meetings Act. Several council members and the mayor threatened legal action; one council member indicated he had consulted outside legal resources (TML and case citations) on the question of authority.
The council’s action is procedural and temporary: it did not remove the mayor from office, but it did authorize measures meant to insulate the staff and the investigative process while the outside review proceeds. The legal question of whether council can place such time‑limited restrictions may be litigated; counsel and the mayor each said they would consider legal options depending on the investigation’s course.
