Council authorizes outside counsel to investigate complaint against Councilmember Neisler, approves $20,000 cap

City Attorney Mickey Corry told the City Council on April 14 that because the city attorney serves at the pleasure of the council and an investigation could involve a sitting councilmember, it is appropriate to engage outside counsel. Corry said outside counsel would investigate complaints that might lead to a resolution of censure or other action against a member of the governing body.

Corry said the city contacted Patrick Flanagan of Cranfill Sumner and recommended an outside investigator. The contract terms discussed at the meeting stated an hourly rate of $395 with a cap not to exceed $20,000.

Councilmember Scott Neisler was permitted to make a statement during the discussion and told the council his side of the story; City Attorney Corry interjected that Neisler would have the opportunity to refute allegations as part of the process. Councilmember Tyler Fletcher said he would not vote to use taxpayer funds for the investigation.

On a 5–2 vote, with Neisler and Fletcher casting the dissenting votes, the council authorized the mayor to enter into a contract with Patrick Flanagan of Cranfill Sumner to investigate a complaint alleging possible violations of the City Council Code of Ethics and other adopted resolutions; the investigation may include other complaints that arise.

The motion specifies an outside investigation and a fee cap; the council did not take further public action on potential censure at the meeting. The process described by the city attorney provides the respondent an opportunity to respond during the investigation.