City Council feuds on Placement of Agenda Items Policy or Lack Thereof
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
The Eagle Pass City Council revisited the ratification of agenda-setting policy procedures for the Mayor and City Council during a heated discussion at their regular meeting held on Tuesday, March 3, 2015, reflecting different opinions between Mayor Ramsey English Cantu and Mayor Pro-Tem Luis E. Sifuentes.
Agenda Item No.15 called for the consideration and possible action on ratification of agenda-setting policy procedures for Mayor and Council.
During discussion, Mayor Cantu stated this was a revisit of City policy regarding the process for City Council members setting agenda items for City Council meeting agendas.
“It takes two signatures to place them on their. I don’t know if Council wishes to revisit this item on how to handle the agenda setting policies. Basically, it’s been by Charter that members, the mayor or any two members can call a meeting and also for placing items on the agendas. Is there a concern as to the way this is set at this point?” asked Mayor Cantu to City Council. “I’m bringing this to you all for discussion,” added Mayor Cantu.
City Councilwoman Gloria E. Hernandez stated she wanted to ask Legal Counsel Heriberto Morales of Langley & Banack if this has been the standard practice followed and adhered to for years by the City of Eagle Pass City Council.
Council member Hernandez noted that the procedure currently followed is that the Mayor places items on the agenda, and if for some reason an item was not placed that it would then take at least two city council members and their signatures to set an item on the agenda.
“Is that written somewhere?” asked Hernandez to Legal Counsel Heriberto Morales.
Legal Counsel Heriberto Morales answered that it wasn’t written anywhere.
“Looking into it, we have provided a legal opinion on the guidance as to who can request an item on the agenda,” said Legal Counsel Morales to City Council.
Hernandez stated she wanted for purposes of the record that it be stated that the procedure that is currently used has been the standard of practice for the Eagle Pass City Council.
“That is how we have understood it until you began to look into it, because we have never been informed that there is nothing in writing?”, said Council member Hernandez to Legal Counsel Morales.
Morales then stated that it was not over an issue of not being informed but due to a question over the calling of special meetings and what parameters were there for city council members on calling such meetings if not called by the Mayor.
Morales stated that they had decided to establish the same procedures for an item to be called and set on an agenda based on that fact as well. ”If you can get two council members to get an item onto the agenda, then that seems like a proper routine” for calling a special meeting.
Hernandez then stated that this was a practice used for a long time by the City of Eagle Pass.
“If that had been the practice and we understood it that way, but it is not then I think it’s proper for us to clarify it because we have been working under an assumption that it was some kind of policy,” said Hernandez.
Morales then stated that the confusion through the years came about when the city charter addressed two council members needed for a special meeting.”
“I understand that it was practiced. It’s been done by practice,” added Hernandez.
Legal Counsel Morales explained that the issue had been recently brought up as a third party, Dos Republicas Coal Partnership, had requested to be put on as an item on the City Council meeting agenda for purposes of giving a presentation. “That prompted us to provide an legal analysis with respects to that,” said Legal Counsel Morales.
Morales stated that a number of city council members had asked if that could be done, implying that some city council members agreed to have Dos Republicas Coal Partnership give a presentation to City Council and be placed on the agenda of one of their meetings.
City Attorney Heriberto Morales noted that through Texas Municipal League and a Texas Attorney General Opinion there had been a clarification pointing out such issue that was guided towards an Attorney General opinion in respects to Commissioners.
In that Attorney General opinion, it specifies setting up policy and procedure to the setting of items to an agenda, however, the net affect cannot be to preclude a commissioner from setting up an item on the agenda so it can be discussed publicly, said Morales.
“You guys have policies and procedures but they cannot be more constrictive than allowing at least one council member to place an item on the agenda,” advised Legal Counsel Morales.
“So you are giving your opinion as how it should be,” asked Council member Hernandez to Morales. “I’m reading off the Attorney General,” replied Morales.
“I understand but we also have some leeway. And I get it, we set the policies,” replied Hernandez.
Morales concurred with Hernandez but stated that the city council cannot be more restrictive than allowing at least one council member to place an item on the agenda.
“You’re telling us what the policy needs to say?,” asked Hernandez.
“Not me, it’s the Attorney General that is informing you. I’m just letting you know what it is,” replied Morales.
Council member Hernandez noted that it was brought to question when agenda item No. 20 under executive session was asked to be placed on the agenda so that this opinions were able to be brought in.
“When we had the people from Dos Republicas coming in to give a presentation that created controversy. There were two city council members that put it on the agenda. There was no need for this opinion from legal counsel because it was placed by two council members. But in today’s executive session it is clearly placed on the agenda on one council member’s signature based on the opinion you are giving. I’m just clarifying because it needs to go on the record,” said Council member Hernandez.
Mayor Pro-Tem Luis E. Sifuentes jumped into the debate and stated that he had requested the legal opinion from the City Attorney for purposes of clarification.” I did want to see policy that said that is what we have,” admitted Mayor Pro-Tem Sifuentes. “I asked show me where it says that it takes two council members.,” said Mayor Pro-Tem Sifuentes.
Mayor Pro-Tem Sifuentes stated that when he sees an item that he feels it is important and it is not being brought up to council through an agenda, he should have the right to bring it up. “I think we all have that right to bring those items to the agenda to be discussed,” said Mayor Pro-Tem Sifuentes.
“I’m not questioning what you did or what he said, I am just clarifying what brought it on. And I know it was you,” said Council member Hernandez to Mayor Pro-Tem Sifuentes.
City Attorney Morales then asked Council member Hernandez is she knew that legal counsel had inquired into the same issue before.
Hernandez replied, “No.”
Mayor Cantu jumped in the heated discussion.
“ I think that at a point that this council has had a practice whether it has been the policy or the understanding, obviously gentleman’s agreements are not valid within any of what we are seeing,” said Mayor Cantu.
Mayor Pro-Tem answered back stating that he did not know of any such agreements, despite being on the City Council for several years and having risen to Mayor Pro-Tem.
“But there has been a standard practice,” replied Mayor Cantu.
Mayor Cantu turned to former City Secretary Irma Morales and asked her: “You were city secretary for over 20 years, was that the standard practice?”
“Yes Sir,” answered former City Secretary Irma Morales who was sitting in for City Manager Gloria Barrientos who was absent.
Mayor Cantu noted in disbelief that for certain individuals to have seen and participated in this custom and practice for several years points to the fact that there is a precedent that had been set by past and present City Councils.
“So when I see this and there are issues that we are facing as agenda setting policies. Not only do I think it is not correct on Legal Counsel’s behalf but as a council member I feel we should have set policies before implementation or items would’ve been placed on an agenda. No member at any point has ever been denied an opportunity to place an item on this agendas,” said Mayor Cantu.
Mayor Cantu stated that he recalls placing items on the agenda with other council members even though he didn’t agree with the items but for discussion purposes, “That was the policy and that was what the city had and that was what I always respected,” said Mayor Cantu.
“Let’s correct that there is no policy,” replied Mayor Pro-Tem Sifuentes.
“That’s why I’m telling you sir but that has been the standard practice,” replied Mayor Cantu.
“That is why I placed this item on the agenda to move forward from there,” added Mayor Cantu.
“I’m not telling you than no member of this council should place an item on the agenda. Because at the end of the day I have always been an individual that says ok if that’s what you want to discuss lets discuss it and talk to me. Bring the concern to me as the mayor who sets the agenda. That’s the only thing that I ask for. If there are members that ultimately don’t agree, it doesn’t mean that I’m not going to agree with you but I’m going to respect the fact that you came to me as chairman of this organization , meeting coordinator to at least tell me there is a concern. I want to address this. Not at any point sir, did you contact me on those particular issues,” added Mayor Cantu.
“I don’t want to pin-point it, I knew the concern but you never told me I want to address it. And that is up to you sir. I am not going to be babysitting any Council member or any administrator,” added Mayor Cantu.
Mayor Pro-Tem Sifuentes answered back: “When you are advised that a council member has a concern and we should bring it as an item on the agenda and you disregard that notion then I have to take other steps to see how we can bring items to the agenda.” Sifuentes’ reply notes that there is a rift or political difference between Mayor Cantu and himself or other council members. This has been evident in recent city council meetings and discussions therein.
Cantu then clarified that it would have been as easy as just submitting the item.
Sifuentes strongly disagreed with Cantu.
Mayor Pro-Tem Sifuentes then used the Dos Republicas Coal Partnership request to be placed on the agenda as an example. “When we were here you even agreed that we should have the presentation,” said Sifuentes.
“I know that I had concerns with that. I had concerns with it because of our legal position.” replied Mayor Cantu.
Mayor Pro-Tem Sifuentes then stated that there was no written policy and that what was being practiced was due to what they were led to believe. “That doesn’t make it right, said Sifuentes.
Mayor Sifuentes added that in this case Legal Counsel Heriberto Morales had come up with a legal opinion that states that anyone can put an item on the agenda.
“Nobody is taking that right away,” replied Mayor Cantu.
“ I understand that but it’s time to set the policy,” said Council member Hernandez.
Mayor Cantu noted that out of respect to the city council and the understandings that are set, that is why he had placed the item on the agenda.
“It’s not restricting anything and I don’t think that any council member has been restricted at any point. But if you feel that way sir, obviously there is a lack of communication somewhere,” replied Mayor Cantu to Mayor Pro-Tem Sifuentes’ concerns.
“I’m glad this is coming out because we all have the right to place items on the agenda. I don’t think it necessary for two council members to get together to place an item on the agenda and be more restrictive to the council members and the Mayor,” snapped back Sifuentes.
Councilman Rudy Villapando recalled that in the past he had followed the two member process. “ I did it a few times and I felt like I was going against the mayor by doing that. I didn’t feel like I was contributing to the agenda. It just seemed like you had to convince somebody else to do that. If we follow the Attorney General’s Opinion it kind of feels a lot better. But I do agree with the mayor that we need to let him know what item we want to put on the agenda as respect to the position,” said Council member Rudy Villalpando.
After further discussion on the structure recommended through the Attorney General’s opinion, Legal Counsel Morales recommended that if the city council desired to set a structured policy that would be set formally in writing and for consideration to be followed and then be set in place.
Mayor Cantu stated that he had no issues with setting a comprehensive policy in place that was conducive for all involved but that he would ask that a common courtesy be given to the position of Mayor. “ If there is going to be something that there is a respect at least given to this position. It may not be to me but at least to this position. That’s all I ask for. I ask this council to look at that because at the end of the day we are responsible to the citizens and if there are issues in which they are being bombarded for agenda purposes. I think we need to set parameters to be placed and move forward,” said Mayor Cantu.
City Council concurred and requested that Legal Counsel Heriberto Morales draft a proposed policy for consideration and possible approval by City Council at a future meeting to establish a written policy.
Recent city council meetings have shown that the Eagle Pass City Council are divided on some issues and that past gentlemen’s agreements of courtesy are out the window. Also recent city council meetings have shown some city council members have concerns with City Manager Gloria Barrientos and/or Administration on certain issues. More heated debates and discussions are certainly anticipated in future city council meetings.
