Council debates recall ordinance for Mayor Cain; motion fails for lack of second

Freeport — The City Council considered, then declined to advance, an ordinance that would have placed a recall election for Mayor Jerry Cain on the Nov. 3, 2026 uniform election date.

Sam Reina, addressing the council during the agenda item, cited minutes from an April 29 meeting recording a 3–2 council decision not to place a recall on the ballot and read aloud Article 6, Section 6.11 of the City Charter, which he said empowers the Brazoria County judge to act if the council fails to receive or order a recall election.

Dr. Kelly told the council the ordinance, numbered 2026-2767, had been presented previously and was back on the agenda for reconsideration. Councilman Davis moved to approve the ordinance; the motion failed for lack of a second.

Council members then debated meeting procedure — whether discussion should precede a motion or whether taking motions first is acceptable — with multiple members citing Robert’s Rules and past practice. Several council members questioned who had instructed Dr. Kelly to place the recall item back on the agenda; participants said the item had been directed by the council during executive session.

Council and staff also discussed whether any city official (city attorney or city manager) has a ministerial duty under Section 6.11 to forward a completed recall petition to the county judge. A staff/legal explanation on the record said Section 6.11 does not itself impose an automatic duty on the city attorney or city manager to send the matter; the council or individual councilmembers may elect to send the materials.

Dr. Kelly said she would refer the matter to the Brazoria County judge to determine what action, if any, the judge would take, and the item could return to a future agenda depending on the judge’s response.

No vote was taken to call the recall election during the May 18 meeting; the council moved on to other business and later convened an executive session.