City Council Spars on Proposed City Charter Amendments
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
The Eagle Pass City Council sparred over the proposed City Charter Amendments which are to be placed on the May 9, 2015 Municipal Election at their regular meeting held on March 3, 2015 at City Council Chambers in City Hall in Eagle Pass, Texas, demonstrating a clear political rift between City Council members on what form of City Government and democracy the City of Eagle Pass should have.
During the past several months, City Council observers have noticed a growing political and philosophical differences between City Council members. Currently, the best soap opera in Eagle Pass is not on one’s television set, but rather at City Council meetings. Admission is free.
City Council has narrowed the number of proposed City Charter Amendments from nine to five over the course of two previous City Council meetings held on February 19th and 24th.
At their March 3, 2015, regular meeting, City Council addressed Agenda Item No. 11 regarding the Third and Final Reading of an Ordinance calling for a Special Election on the proposed City Charter Amendments to be held in conjunction with the City Officers General Election on Saturday, May 9, 2013 and establishment of procedures and authorization for said Election.
Mayor Ramsey English Cantu called Agenda Item No. 11. City Council proceeded to have a lively discussion and debate on the five proposed City Charter Amendments. Mayor Cantu raised the question if City Council had been given a clean copy of the proposed City Charter Amendments due to the numerous changes previously made at the two earlier Council meetings. Mayor Cantu requested City Attorney Heriberto Morales to get City Council a clean copy of the proposed City Charter Amendments.
City Attorney Heriberto Morales of Langley & Banack raised the point that several City Council members had expressed legal issues regarding some of the proposed City Charter Amendments and advised City Council that if they wished they could go into Executive Session to consult with legal counsel to discuss these legal issues. At this March 3, 2015, City Council meeting, there were three attorneys present from Langley & Banack, including Morales.
Eagle Pass City Council had a vote on a previous agenda item overturned by the use of a subsidiary motion (reconsider the vote) under the Robert Rules of Order at their monthly meeting held on Tuesday March 3, 2015.
Mayor Cantu invited City Council to go into Executive Session to consult with legal counsel regarding legal issues raised by some City Council members on some of the proposed City Charter Amendments. City Council voted to move Agenda Item No. 11 into executive session.
Upon returning into Open Session, Mayor Cantu motioned to approve the proposed Ordinance with the five proposed City Charter Amendments and Council member Gloria E. Hernandez seconded the motion. During discussion, Mayor Pro-Tem Luis E. Sifuentes stated that he preferred to discuss each proposed City Charter Amendment on an individual basis instead of globally. Mayor Cantu replied “I believe that it is an Ordinance and it can be taken as a full Ordinance.”
Mayor Pro-Tem disagreed and stated that he would prefer to discuss each proposed City Charter Amendment individually.
Mayor Cantu asked City Council if there were any other discussion. Councilman William “Billy” Davis reiterated Sifuentes’s concerns as well. “I’m not comfortable with all of them. I am comfortable with some of them. But if that’s the way you all want to take the motion forward, it’s fine with me,” said Councilman Davis.
Mayor Cantu, for a third time replied. “I do have a motion and a second. Is there any further discussion?” There was no further discussion from any City Council member nor any clarification from legal counsel either.
Mayor Cantu then called for the vote and the motion was passed on a split 3 to 2 vote with Mayor Cantu, Councilwoman Hernandez, and Councilman Villalpando in favor while Mayor Pro-Tem Sifuentes and Councilman Davis against. Thus, City Council approved Agenda Item No. 11 and the proposed Ordinance with the five proposed City Charter Amendments to be included in the May 9th City Election.
However, after City Council had cleared out all their agenda items in the March 3rd meeting, Mayor Pro-Tem Luis E. Sifuentes proceeded to use of a subsidiary motion (reconsider the vote) under the Robert Rules of Order of the City Council’s earlier approval of Agenda Item No. 11 by making a motion to revisit Agenda Item No. 11 due to legal concerns raised by Legal Counsel Heriberto Morales, stating “They warned us that we should be wary of them. So that’s why I am going to move to go back to item 11 because I think we need take the items one at a time and not as a whole. I’m making that motion to go back to item No.11.”
Mayor Pro-Tem Sifuentes’s motion was seconded by Councilman Davis..
During discussion, Mayor Sifuentes raised concerns over some of the proposed items under the ordinance. “Just as we were looking in executive session, just in case there were legal concerns which were pointed out and for us just to go and put everything on the proposition even though it opens us up to possible litigation. I think we need to reconsider it and revisit item 11 and take it one item at a time,” said Mayor Pro-Tem Sifuentes.
After further discussion, Mayor Sifuentes’ motion to revisit or reopen Agenda Item No.11 was approved on a split 3 to 2 vote with Sifuentes, Davis, and Villalpando voting in favor while Mayor Cantu and Councilwoman Hernandez against.
Legal Counsel Heriberto Morales jumped in to give City Council a presentation of some of the changes that were being proposed to the contents of Agenda Item No.11. These changes were not originally discussed publicly during the earlier motion made by Mayor Cantu on Agenda Item No. 11.
Mayor Pro-Tem Sifuentes immediately proceeded to raise his personal concerns on some of the proposed City Charter Amendments which had been previously approved earlier in the City Council meeting, reflecting his strong disagreement with Mayor Cantu’s position with the proposed City Charter Amendments.
Mayor Pro-Tem Sifuentes criticized the reasoning behind Proposed City Charter Amendment No.1 calling to set a fee of $500 or a collection of 500 signatures for any person registering to run as a candidate for city council. “I think it defeats the purpose of an open government and the democratic process. So I don’t agree with proposition No.1. I don’t think it’s necessary and much less charging people to run for office,” said Sifuentes.
After further discussion, Sifuentes stood firm on removing Proposition No. 1 it in its entirety.
Mayor Cantu called for a motion to approve proposition No. 1. Councilwoman Hernandez motioned to approve Proposition No. 1 and the proposition and motion died for a lack of a second. Thus, the City Council reversed its earlier approval to submit Proposition No. 1 to the City voters to now excluding it, with Councilman Villalpando changing his earlier vote and being the swing vote.
Under proposition No.2 , City Council considered and voted in favor of amending Section 3-2 of the City Charter to address the appointment of a city council member or mayor upon a vacancy depending on the time period left in the vacancy.
During discussion, Legal Counsel Heriberto Morales stated that there were some changes required to the language and dates on the proposition.
Mayor Cantu stated that those issues had been already addressed during the executive session and were understood. However, Morales stated that legal counsel would feel more comfortable if the changes were stated publicly. Morales then proceeded to point out the changes into the public record. City Council unanimously voted in favor of Proposition No. 2 to be placed on the May 9th ballot.
Proposition No.3 called for the amending of Section 3-9 and 7-2 of the City Charter to require the approval of City Council for approval of any City department head selected by the City Manager.
Sifuentes and Cantu once again had a difference of opinions as they quarreled over the reasoning of this proposition. Mayor Cantu stated proposition no. 3 will provide a better checks and balances of the City Manager under a confirmation process through City Council. “The issue was stated very well of confirmations, we’re looking at many governments that have to go through this process. The President has to get his appointees through confirmations through the Senate. I don’t see it any different it just allows the opportunity for a better checks and balances,” said Mayor Cantu.
Sifuentes disagreed with Mayor Cantu stating he would hate to see in the future where somebody loses out on a city department head or City Manager position because of political differences by a split City Council. “I think that the City Manager type of government that we have is working,” said Sifuentes. “Putting something like this in place just to say that we are going to have more checks and balances, I see it leading to problems in the future. I have seen it in other entities where deserving people have been left out for political differences. I don’t want that to happen to anybody and I’m not in favor of proposition No.3,” added Sifuentes.
“I think it can be stated that the City Manager can have political differences as well. I think that there need to be a balance in government and that is why I asked for this proposition to be considered,” said Mayor Cantu.
“To say that this is political and that it falls at least on five politicians and to say that the people who work at high levels in city hall are not political is naïve. So I think that’s where the checks and balances comes in,” said Councilwoman Hernandez.
City Council proceeded to discuss previous agreements pertaining to such issues, and if policy to send these confirmations through committees had been established.
Legal Counsel Morales stated that they had not been requested to be set.
Mayor Cantu proceeded to voice his concern as he could attest to two positions of directors that were hired without going through the committee process.
“When you are going through things like that. I don’t think we are going through a fair process for individuals to go through an application process. That’s why I say it’s important to have that in place and it is important to justify it to the council. Because at the end of the day it’s those citizens that are coming to us as the elected body to make sure we are moving forth in the right direction,” said Cantu.
Legal Counsel Morales raised legal concerns over procedures stemming from such actions that could be detrimental to the city.
Councilman Rudy Villalpando stated that he felt that the City Manager type of government was a process that he approved of and that was the reason he was against this proposition no. 3.
City Council reversed its earlier vote of approving Proposition No.3 be submitted to voters at the May 9th election as Sifuentes, Villalpando and Davis voted against whileMayor Cantu and Hernandez voted in favor. Proposition No. 3 will not be on the City Charter Amendment ballot.
Next, Proposition No.4 called to amend Section 7-3 of the city charter to change the authority to select the city secretary from the city manager to the city council. Again Sifuentes and Mayor Cantu butted heads on this proposition no. 4.
Sifuentes brought up concerns as to how things would take place under such change. “We are under a city manager type of government and everyone should fall under the city manager,” said Sifuentes.
Sifuentes raised further concern over the potential taking away of duties from the city manager as to posting agenda meetings and lack of participation in that process through the proposed Amendment.
Mayor Cantu stated that the city secretary does post the agendas but that it is a task that is done in conjunction with the city manager. “It is in no way shape or form taking away from the responsibility of the city manager,” said Mayor Cantu.
Mayor Cantu stated that when the issue was brought up it was to make sure that the overall official custodian of records for the city would be handled directly under the city council as the city secretary. “That was the reasoning for it. It is just a standard procedure,” said Mayor Cantu.
“If we want to continue living by an old day charter and not move forward in the direction that we need to be where there are good checks and balances and there is good opportunity for this government to move forward, Then that’s fine, let’s keep the political system because ultimately that’s what we have. Let’s keep it, that’s what it is,” said Mayor Cantu.
“As Mayor and the way that I see it and what I’m seeing here on a daily basis there is no checks and balances and there is no way that this government is going to continue to improve if this council doesn’t see some of these issues. It’s not in any way shape or form being an issue of addressing to try to take duties away. It is just a basic necessity of having a good system. Our charter is not in any way shape or form in a good way of governing,” added Mayor Cantu.
Mayor Cantu pointed out the incompletion of minutes from meetings of the various city committees and boards that fall under the City of Eagle Pass governing body.
Some of these boards have minutes that have not been provided in quite a while and that worries me, especially when we’re dealing with minutes in planning and zoning. There are concerns that have not been approved. There are issues that should be handled in the city secretary’s office and management has not yet been able to get this taken care off. Management has been made aware of in reference to this. So if we had an opportunity to where the city secretary was directly under the city council we could assure that this type of issues would be properly recorded and any document that is of city business or action that is taken by any commission is properly recorded, said Mayor Cantu.
“It worries me as mayor that there are not proper documentations being held through a lot of the departments because of this. And if we can’t recognize that and we can’t see that then I think that it needs to be properly addressed from this level. At least let this go to the voters for them to decide,” added Mayor Cantu.
Sifuentes then stated that he wasn’t aware of those issues and that those are things that need to be discussed and addressed to direct administration to really comply with them. “We can do that without this proposition,” said Sifuentes.
Villalpando then stated that if that was an issue then it needed to be considered for discussion under the next evaluation of the city manager. “We need to bring it up to the city manager and ask why those things aren’t being done to clear it out,” said Councilman Villalpando.
City Council again reversed its earlier approval of Proposition No.4 being placed on the May 9th City ballot as Sifuentes, Davis and Villalpando voted against while Mayor Cantu and Hernandez voted in favor.
City Council sparred on proposition No.5 which calls to add a provision to allow the city council to select a city auditor that reports to the city council on city finance and budget matters as a checks and balance system.
Legal Counsel Morales specified certain changes would be needed to the proposition during the discussion portion of the agenda item.
Under the discussion, Sifuentes stated “We as the leaders of the organization should be setting things in place and bringing them up to council for discussion and corrective measure purposes which is more appropriate than trying to get an auditor to oversee each department.”
Hernandez strongly disagreed and stated that if you go back and look at any entity that fails is because of its audits and its lack of internal controls. “I think that it is very important in light of the problems that we have had or even our community has faced in the past,” said Hernandez.
Councilmen Villalpando and Davis agreed with proposition no. 5 being placed on the ballot.
Sifuentes stood firm on his concerns and stated that he was not in agreement with proposition no. 5 and noted it was unnecessary.
Mayor Cantu called proposition no. 5 vote for a vote and it was approved on a split 4 to 1 vote with Mayor Cantu, Hernandez, Villalpando and Davis in favor while Sifuentes voted against.
The gloves are off between City Council members and the old way of business as usual is being challenged. It is apparent that Mayor Cantu seeks greater checks and balances in city government while Mayor Pro-Tem Sifuentes seeks to protect the current City Council and City Manager form of government.
City of Eagle Pass taxpayers will get to vote on two proposed City Charter Amendments during the May 9th Municipal Election.
Mayor Cantu has one year remaining on his term with the possibility of running for re-election while Mayor Pro-Tem Sifuentes is eyeing running for Mayor after Mayor Cantu steps down.
