Link


Social

Embed


Download

Download
Download Transcript

[I) Call Meeting to Order and Roll Call]

[00:00:10]

FEBRUARY 3RD AND THE TIME IS 6:00. I AM GOING TO CALL THIS SPECIAL MEETING TO ORDER. I'M SORRY, I DON'T HAVE THE SPECIAL ONE. DO WE DO ROLL CALL? CAN I DO A ROLL CALL HERE? TOBIAS.

PRESENT. GOSA. HERE. MEDINA. PRESENT. ZAPATA. HERE. HARRIS. HERE. MCKINNEY. HERE. ALL RIGHT.

[II) Citizen Comment Period with City Council]

WE HAVE SEVEN COUNCIL MEMBERS PRESENT. NEXT, WE'RE GOING TO DO CITIZENS COMMENTS. THE CITY COUNCIL WELCOMES COMMENTS FROM CITIZENS EARLY IN THE AGENDA OF THE CITY COUNCIL MEETINGS.

THOSE WISHING TO SPEAK ARE ENCOURAGED AND WELCOMED TO SIGN UP BEFORE THE MEETING BEGINS.

SPEAKERS ARE PROVIDED WITH AN OPPORTUNITY TO SPEAK DURING THIS TIME ON ANY AGENDA ITEM OR ANY OTHER MATTER CONCERNING CITY BUSINESS. WE ASK THAT YOU OBSERVE THE THREE MINUTE TIME LIMIT. THANK YOU. FIRST UP, WE HAVE MICHAEL MCDONALD.

WE'LL GET THIS ONE OVER QUICKLY. GOOD EVENING. I STAND HERE TODAY IN SUPPORT OF MAYOR YVONNE FLORES KALE, WHEN SHE HAS SPOKEN AS A COUNCIL MEMBER, AS A PRIVATE CITIZEN AND NOW AS MAYOR. I HAVE WATCHED HER STAND FOR WHAT IS BEST FOR THE CITY OF KYLE AND ITS CITIZENS. SHE HAS TAKEN FLACK AND PUSHED BACK AND HAS NOT CRUMBLED. SHE HAS STOOD FIRM ON HER CONVICTIONS. THE PAST CITY COUNCIL AND CITY STAFF HAVE TRIED TO QUIET HER VOICE, BUT SHE HAS ONLY GOTTEN STRONGER IN HER QUEST FOR TRANSPARENCY, HONESTY AND INTEGRITY. IT'S VERY OBVIOUS TO ME AND MANY OTHERS THAT SHE CARES DEEPLY ABOUT OUR CITY. I UNDERSTAND CITY STAFF ARE CONTEMPLATING DISCIPLINARY ACTION AGAINST OUR MAYOR. THIS MUST CEASE IF ANYONE SHOULD HAVE BEEN INVESTIGATED. IT WAS OUR FORMER MAYOR, TRAVIS MITCHELL. NOW THE DA'S OFFICE IS LOOKING INTO SOME OF HIS ACTIONS. IT'S TONIGHT'S DISCUSSION OF WITCH HUNT. WHAT IS CITY STAFF TRYING TO HIDE BY DEFLECTING AND TRYING TO SILENCE MAYOR FLORES KALE? IT WILL NOT WORK. WE, THE CITIZENS HAVE SEEN AND LEARNED FROM SEVERAL FROM PAST SEVERAL YEARS WHAT UNCHECKED CRONYISM LOOKS LIKE. WE DON'T WANT THAT AGAIN.

COUNCIL MEMBERS, AS YOU AS YOU'RE PRESENTED WITH THIS AGENDA ITEM, RULES OF COUNCIL, SECTION G PROHIBITS YOU FROM DISCUSSING THIS AND FROM EVEN PLACING IT ON THE AGENDA. MAYOR FLORES KALE IS TRYING TO RIGHT THE SHIP AFTER THE PREVIOUS MAYOR DROVE IT INTO THE ROCKS.

SHE NEEDS YOUR SUPPORT AND HELP TO PUT OUR CITY BACK IN TO BETTER FISCAL CONDITION. MAYOR, WE GOT YOUR BACK. THANK YOU. THANK YOU. NEXT I HAVE. THANK YOU. UP NEXT, I HAVE REBECCA CHAPPA. GOOD EVENING. MY NAME IS REBECCA CHAPPA. I WANT TO TAKE A MOMENT TO RECOGNIZE THE POSITIVE CHARACTER AND COMMITMENT OF OUR CURRENT COUNCIL AND MAYOR, WHETHER IS DURING OFFICIAL MEETINGS OR BEHIND THE SCENES, MANY OF YOU HAVE CONSTANTLY SHOWN A WILLINGNESS TO HELP THE PEOPLE OF THIS COMMUNITY, NOT ONLY WHEN YOU ARE SEATED AT THE DAIS, BUT ALSO OUTSIDE OF IT. THAT MATTERS AND IT DOES NOT GO UNNOTICED. ONE THING I ESPECIALLY APPRECIATE IS THE EFFORT OF BEING MADE TO ASK THE HARD QUESTIONS ABOUT COSTS, LONG TERM IMPACT, AND WHETHER PROPOSED PROPOSED PROJECTS TRULY BENEFIT OUR CITY AS A WHOLE. THESE QUESTIONS AREN'T ALWAYS EASY, AND THEY DON'T ALWAYS LEAD TO UNANIMOUS AGREEMENT, BUT THEY ARE NECESSARY. THEY SHOW RESPONSIBILITY TO THE TAXPAYERS AND GENUINE CARE FOR THE FUTURE OF OUR COMMUNITY. TRANSPARENCY IS SOMETHING MANY OF US HAVE BEEN ASKING FOR YEARS. WHILE I DON'T ALWAYS AGREE WITH EVERY DECISION MADE BY COUNCIL, I CAN SAY THIS IT IS FAR EASIER TO ACCEPT DECISIONS ON US AS A CITIZEN WHEN WE CAN HEAR THE DISCUSSIONS, HEAR THE CONCERNS RAISED, AND HEAR THE ANSWERS BEING GIVEN. OPEN DIALOG BUILDS TRUST EVEN WHEN OPINIONS DIFFER. IN THE PAST, MANY OF US HAVE STOOD AT THIS PODIUM, VOICED CONCERNS AND WALKED AWAY FEELING UNHEARD, SOMETIMES RECEIVING LITTLE TO NO RESPONSE

[00:05:01]

AT ALL. THAT KIND OF SILENCE CREATES FRUSTRATION AND DISCONNECT. WHEN WE ARE SEEING.

NOW IS A SHIFT TOWARDS MORE OPEN COMMUNICATION THAT DESERVES RECOGNITION. I UNDERSTAND THAT MEETING TIME IS LIMITED AND THERE ARE ARE MORE ARE OFTEN MORE QUESTIONS THAN TIME ALLOWS. HOWEVER, THERE ARE SIMPLE SOLUTIONS SUCH AS FOLLOW UP EXPLANATIONS, PUBLIC UPDATES, OR FUTURE AGENDA ITEMS. THEY CAN KEEP THE PUBLIC INFORMED EVEN AFTER THE MEETING ENDS.

TRANSPARENCY DOESN'T END WHEN THE CLOCK RUNS OUT. MAYOR FLORES AND COUNCIL MEMBERS, THANK YOU FOR BEING WILLING TO ENGAGE, TO ASK DIFFICULT QUESTIONS AND TO SERVE THE CITY WITH INTEGRITY, EVEN WHEN WE DON'T AGREE. THE WILLINGNESS TO COMMUNICATE OPENLY AND HONESTLY MAKES A REAL DIFFERENCE. THAT IS HOW TRUST IS BUILT. AND AND THIS IS HOW A COMMUNITY MOVES FORWARD. THANK YOU FOR YOUR TIME AND SERVICE. THANK YOU. UP NEXT I HAVE JACK PARROT. GOOD EVENING, MADAM MAYOR AND COUNCIL MEMBERS. MY NAME IS JACK PARROT. I'M GOING TO TALK ABOUT THE 2025 GREAT KYLE WATER SHAM. GO BACK TO 2024. MASTER WATER PLAN CALLED FOR $199 MILLION IN CIP OVER THE NEXT 15 YEARS. FAST FORWARD ONE YEAR 2025. ALL OF A SUDDEN THAT INCREASED TO 700,000,000 IN 5 YEARS. WHAT IS THAT $7 MILLION $700 MILLION GOING TO FUND? WHERE'S IT GOING? WE NEED TO KNOW. YOU NEED TO KNOW. MOVE FORWARD. THE HEAVILY GERRYMANDERED, PHONY REPTILASE STUDY. THE NUMBERS DON'T JIVE. I WANT THE COUNCIL TO INSTRUCT THE CITY MANAGER TO PROVIDE THE DATA THAT HE GAVE REPTILASE TO USE TO CONDUCT THAT STUDY.

AFTER THE STUDY CAME OUT, THE MAYOR AND COUNCIL ILLEGALLY VOTED TO CHANGE THE ORDINANCE TO MAKE THE REPTILASE STUDY LEGITIMATE. SO AS OF TODAY, THE REPTILE STUDY IS NOT LEGITIMATE.

IT'S NOT WORTH THE PAPER IT'S WRITTEN ON. I FEEL THAT THE REPTILE STUDY WAS GERRYMANDERED TO REACH A PREDETERMINED OUTCOME, TO PUT MORE LOAD ON THE ETJ, ON PEOPLE THAT DIDN'T VOTE, VERSUS PEOPLE THAT DID VOTE. NOW THE SIX CREEKS CONTRACT WITH THE CITY SAYS, PLAIN AND SIMPLE, IN PLAIN LANGUAGE OVER AND OVER AGAIN. IF YOU READ THAT AGREEMENT, ONE THING WILL BE CLEAR IN YOUR MIND WHEN YOU GET DONE IS SIX CREEKS IS SUPPOSED TO BE CHARGED IN CITY RATES. THE CITY MANAGER AND THE CITY ATTORNEY, I DON'T FEEL HAS BEEN HONEST WITH Y'ALL. AND THEREFORE. I REQUEST THAT THE CITY COUNCIL RELIEVE THE CITY MANAGER AND CITY ATTORNEY FROM THEIR JOBS IMMEDIATELY. THANK YOU. UP NEXT, I HAVE LESLIE OPRY. GOOD EVENING, MAYOR AND COUNCIL MEMBERS. MY NAME IS LESLIE OPRY, AND I'M HERE TONIGHT TO SUPPORT MAYOR YVONNE FLORES KALE AND TO ASK THE MAYOR AND THIS COUNCIL TO SERIOUSLY CONSIDER A FORENSIC AUDIT. KYLE IS A SMALL TOWN BY CHOICE. PLEASE MOVE. PEOPLE MOVE HERE BECAUSE THEY WANT THAT. YET UNDER PREVIOUS LEADERSHIP, WE SAW AGGRESSIVE OVERBUILDING AND DECISIONS AIMED AT TURNING KYLE INTO A SO-CALLED DESTINATION CITY. KYLE IS NOT ONE AND IT WAS NEVER MEANT TO BE. WATER RATES HAVE RISEN 77% IN SIX CREEKS, DESPITE A CONTRACT REQUIRING REQUIRING CITY RATES. THAT CONTRACT SHOULD BE ā– HONORED. CITY FUNDS WERE ILLEGALLY USED TO PURCHASE SIGNAGE FOR RENAMING FM 150 TO FAJITA DRIVE. WHAT HAPPENED TO THOSE SIGNS AND THAT MONEY? I BELIEVE WE NEED A FORENSIC AUDIT. HOW ABOUT YOU? UNDER THE FORMER MAYOR, COUNCIL MEMBERS APPROVED HEALTH CARE BENEFITS FOR THEMSELVES AND MISUSED CITY CREDIT CARDS, TO NAME A FEW. THIS INCLUDED DAILY MEALS AND DRINKS REGULARLY CHARGED BY A COUNCIL MEMBER, EXPENSIVE GROUP DINNERS CHARGED BY THE CITY MANAGER, AND DRY CLEANING REGULARLY CHARGED TO THE CITY BY THE FORMER MAYOR. I BELIEVE WE NEED A FORENSIC AUDIT. HOW ABOUT YOU? WE ALSO LEARNED OF TRAVEL ARRANGED BY THE FORMER MAYOR TO THE OFFICE OF STRUCTURE POINT AMERICAN IN INDIANA. THE HAYS COUNTY DISTRICT ATTORNEY ISSUED A

[00:10:04]

PRESERVATION NOTICE DUE TO CONCERNS ABOUT AGREEMENTS AND FINANCIAL DEALINGS. UNDER THAT LEADERSHIP. WE'RE HOTEL ROOMS REALLY $300 A NIGHT. I BELIEVE WE NEED A FORENSIC AUDIT. HOW ABOUT YOU? WHEN THE CITY'S FINANCIAL DIRECTOR WAS ASKED WHETHER SPENDING WAS BEING AUDITED, THE SHOCKING ANSWER WAS NO. I BELIEVE WE NEED A FORENSIC AUDIT. HOW ABOUT YOU? AT A RECENT VISIONING WORKSHOP, CITY STAFF PUBLICLY CHALLENGED AND EMBARRASSED MAYOR FLORES AND COUNCIL MEMBER GOZA FOR USING ELECTRONIC MAIL TO ASK QUESTIONS REGARDING OVERSIGHT, POLICY DIRECTION AND ACCOUNTABILITY. IF THIS CITY HAD A HISTORY OF TRANSPARENCY, THOSE QUESTIONS WOULD NOT BE NECESSARY. PUBLICLY CALLING THEM OUT WAS INAPPROPRIATE AND PERHAPS ILLEGAL. FINALLY, MAYOR FLORES WAS ASKED TO RATIFY ACTIONS TAKEN BEFORE SHE WAS EVER EVEN IN OFFICE. ON LEGAL ADVICE. SHE DECLINED. I BELIEVE SHE IS BEING RETALIATED AGAINST FOR DOING SO. GIVEN WHAT WE KNOW NOW ABOUT THE FORMER MAYOR AND THE DECISIONS MADE UNDER HIS LEADERSHIP, WHY WOULD SHE SIGN? I BELIEVE WE NEED A FORENSIC AUDIT. HOW ABOUT YOU? OUR MAYOR IS DOING HER JOB. SHE WAS ELECTED TO BRING TRANSPARENCY AND ACCOUNTABILITY BACK TO THIS CITY. PLEASE LET HER DO HER JOB. THE RESIDENTS OF KYLE DESERVE ANSWERS. THANK YOU. ALL RIGHT. THANK YOU. UP NEXT, I HAVE LARRY GOLIC. LARRY. GOOD EVENING, MAYOR COUNCIL. MY NAME IS LARRY GOLIC. FIRST, I WANT TO ACKNOWLEDGE THE GOOD PEOPLE WE HAVE HERE. DEDICATED COUNCIL MEMBERS LIKE YOURSELVES WHO STEPPED UP TO SERVE AND THE HARD WORKING CITY STAFF WHO KEEP KYLE RUNNING DAY IN AND DAY OUT. YOUR COMMITMENT TO OUR COMMUNITY IS EVIDENT, AND IT'S WHY WE'RE HOPEFUL FOR POSITIVE CHANGE. BUT AS AN OUTSIDE OBSERVER, I'VE NOTICED A TROUBLING ISSUE A LACK OF TRUST BETWEEN OUR CITY MANAGEMENT AND THIS NEW COUNCIL ON MATTERS OF OVERSIGHT. IT SOMETIMES COMES ACROSS AS ADVERSARIAL. I DON'T KNOW WHY THE OLD GUARD IS GONE.

THE NEW COUNCIL REPRESENTS THE FRESH PERSPECTIVES FROM THE PEOPLE. CITY MANAGEMENT OPERATES THE CITY, YES, BUT AT THE WILL OF THE COUNCIL. WE'VE SEEN THIS TENSION IN RECENT DISAGREEMENTS, LIKE THE ONGOING DEBATES OVER TRANSPARENCY AND ACCOUNTABILITY, WHERE RESIDENTS HAVE CALLED FOR VISIBILITY INTO COUNCIL AND STAFF SPENDING. THERE ARE REASONS FOR CONCERN.

LET'S NOT IGNORE THE POTENTIAL INVESTIGATIONS AROUND FORMER COUNCIL MEMBER AND VIOLATIONS.

POSSIBLY THIS UNDERSCORES THE NEED FOR STRONGER OVERSIGHT TO REBUILD TRUST TO COUNCIL AND STAFF. I ASK THAT YOU RESET, UNDERSTAND YOU ARE HERE TO SERVE THE PEOPLE OF KYLE. THE PAST IS THE PAST. THE PEOPLE ARE DEMANDING OVERSIGHT. THERE IS NO REASON TO PREVENT COUNCIL MEMBERS FROM DEMANDING THAT FROM CITY MANAGEMENT. THANK YOU. THANK YOU. UP NEXT, I HAVE STEPHANIE MCDONALD. GOOD EVENING, MAYOR AND CITY COUNCIL MEMBERS. I WANT TO THANK YOU FOR ALL THE TIME YOU SPENT ON BEHALF OF OUR CITY. I KNOW YOU PUT IN A LOT OF EXTRA HOURS READING MATERIAL, BACKUP MATERIAL, MEETINGS, ETC. AND YOU ALL HAVE PERSONAL LIVES.

THANK YOU. I COME TO YOU TONIGHT WITH A GRAVE CONCERN. IT SEEMS TONIGHT WE HAVE A DEJA VU MOMENT. LAST YEAR, COUNCIL MEMBER DOCTOR ZUNIGA FILED AN ETHICS COMPLAINT AGAINST FORMER MAYOR TRAVIS MITCHELL. TWO WEEKS LATER, FORMER MAYOR TRAVIS MITCHELL INFLUENCED THE COUNCIL TO FILE A COMPLAINT AGAINST DOCTOR ZUNIGA. IT WAS CLEARLY RETALIATORY IN ORDER TO SILENCE HIM, CITY ATTORNEY AMY ALCORN READ FILED THE COMPLAINT ON BEHALF OF THE COUNCIL. THE ETHICS CODE CLEARLY STATES THAT NO ONE CAN FILE AN ETHICS COMPLAINT ON BEHALF OF ANOTHER PERSON. SEE ETHICS ORDINANCE SECTION 28181. OF COURSE, THERE WAS NO MERIT TO THE COMPLAINT AGAINST DOCTOR ZUNIGA. THE END RESULT WAS DIRECTING THE ATTORNEY TO EXPLAIN SOME LEGAL TERMS TO THE MAYOR AND COUNCIL. THE ATTORNEY COULD HAVE AVOIDED THE ENTIRE ETHICS HEARING AGAINST DOCTOR ZUNIGA BY EXPLAINING THOSE TERMS DURING THE EXECUTIVE SESSION THAT PERTAINED TO THIS COMPLAINT. HERE WE ARE. LESS THAN A YEAR LATER, MAYOR FLORES HAS SPOKEN WITH THE HAYS COUNTY FIRST ASSISTANT DA, WITH SOME CONCERNS WITH MORE FORMER MAYOR TRAVIS MITCHELL'S ACTIONS. AS A RESULT, THE DA'S OFFICE HAS ISSUED A PRESERVATION NOTICE ON DOCUMENTS WHILE THIS IS INVESTIGATED. NOW, ALL OF A SUDDEN, WE HAVE AN EXECUTIVE

[00:15:03]

SESSION AGENDA ITEM NUMBER E AGAINST MAYOR DRISCOLL. IT APPEARS THE CITY IS RETALIATING, TRYING TO DISCREDIT OUR MAYOR. THE RULES OF COUNCIL, SECTION G, STATE COUNCIL MEMBERS SHALL CONDUCT THEMSELVES IN A PROFESSIONAL MANNER. NO COUNCIL MEMBER SHALL, IN PERSONALITIES, USE OF LANGUAGE PUBLICLY OFFENSIVE, OR USE OF LANGUAGE TENDING TO HOLD ACCOUNTS. A MEMBER OF THE CITY COUNCIL OR STAFF UP TO CONTEMPT. COUNCIL MEMBERS SHALL NOT BE PERMITTED TO ACCUSE, EXPRESSLY OR IMPLIED ANOTHER COUNCIL MEMBER OR STAFF OF VIOLATING ETHICS OR STATUTORY LAWS PUBLICLY DURING A COUNCIL MEETING. NOR SHALL COUNCIL MEMBERS BE PERMITTED TO PLACE ITEMS ON THE AGENDA TO THAT EFFECT. THIS SECTION APPLIES TO THE MAYOR, ALL STAFF, AND ALL COUNCIL MEMBERS. YOU'VE PLACED AN IMPROPER AGENDA ITEM BOTH REGARDING THIS SPECIAL MEETING THAT'S ABOUT TO TAKE PLACE, AS WELL AS THE REGULAR MEETING TONIGHT. I'VE WATCHED MAYOR FLORES AT MEETINGS AS A COUNCIL MEMBER, AND WHEN SHE WAS NOT IN OFFICE AS A RESIDENT, AS AN ADVOCATE FOR FELLOW RESIDENTS AND NOW AS MAYOR, SHE'S ALWAYS CONDUCTED HERSELF IN AN ETHICAL MANNER. SHE SEEKS TRANSPARENCY AND ACCOUNTABILITY CONSISTENTLY. HER CONCERN IS ALWAYS FOR THE RESIDENTS OF THIS CITY. I HAVE NEVER SEEN HER CONDUCT HERSELF IN A SELF-SERVING MANNER. I URGE THE COUNCIL TO ADDRESS THE ISSUE I BROUGHT BEFORE YOU. THE PROPER WAY TO HANDLE THIS ITEM IS TO FILE AN ETHICS COMPLAINT. IF YOU SEE WRONGDOING AND COUNCIL.

IF ANY OF YOU CHOOSE TO DO THIS, REMEMBER THE FRIVOLOUS COMPLAINT AGAINST DOCTOR ZUNIGA.

DON'T EMBARRASS YOURSELVES AGAIN. THINK THIS ONE THROUGH. THANK YOU. OKAY. THANK YOU. THE

[III) Executive Session]

CITY COUNCIL WILL GO INTO EXECUTIVE SESSION. BEFORE WE DO THAT, I DO WANT TO CALL A POINT OF ORDER. IT WAS BROUGHT TO MY ATTENTION, SECTION G, NUMBER TWO OF THE RULES OF COUNCIL, WHICH EXPLICITLY STATES THAT COUNCIL MEMBERS SHALL NOT BE PERMITTED TO ACCUSE, EXPRESSLY OR IMPLIED ANOTHER COUNCIL MEMBER OR STAFF OF VIOLATING ETHICS OR STATUTORY LAWS PUBLICLY DURING A COUNCIL MEETING. NOR SHALL COUNCIL MEMBERS BE PERMITTED TO PLACE ITEMS ON THE AGENDA TO THAT EFFECT. THIS SECTION APPLIES TO THE MAYOR, ALL STAFF, AND ALL COUNCIL MEMBERS. I'M NOT SURE IF ANYBODY HAS. IF YOU HAVE A RESPONSE OR HOW WE WILL MOVE FORWARD. IF I CALL A POINT OF ORDER, I'M NOT SURE IF WE'RE SUPPOSED TO MOVE ON WITH THE SECTIONS THAT RELATE TO WHAT LOOKS TO BE A CONFLICT WITH THE ETHICS OR THE RULES OF COUNCIL.

SO AT LEAST PART OF THAT CONVERSATION IS TO DISCUSS A STRAIGHT LEGAL ISSUE THAT HAS NO ALLEGATIONS RELATED TO IT. SO WE WOULD LIKE TO AT LEAST MAINTAIN THAT ITEM, WHETHER OR NOT THE COUNCIL WANTS TO CONTINUE. ON A POINT OF ORDER, THE THE MAYOR IS THE WAY A POINT OF ORDER WORKS IS TYPICALLY A DIFFERENT COUNCIL MEMBER WOULD CALL THE POINT OF ORDER, AND THEN THE MAYOR WOULD BE PERMITTED TO RULE ON IT. BECAUSE YOU'VE CALLED THE POINT OF ORDER, YOU CAN RULE ON THE POINT OF ORDER, AND THEN THE REMAINDER OF COUNCIL CAN EITHER ACCEPT YOUR RULING OR OBJECT AND TAKE A VOTE, IN WHICH CASE THE MAJORITY VOTE WOULD CONTROL.

SO IT'S UP TO COUNCIL, I GUESS. I WOULD ASSUME THAT HISTORICALLY IT WOULD HAVE BEEN THE CITY ATTORNEY THAT WOULD MAKE A RULING IN CASE THAT THE UNDER RULES OF COUNCIL, THE POINT OF ORDER IS THE MAYOR. AND THEN IF THE IF, IF ANY MEMBER OF COUNCIL OBJECTS A MAJORITY VOTE OF COUNCIL CONTROLS. I AGREE WITH YOU THAT THAT'S NOT NECESSARILY THE BEST WAY TO DO IT. AND WE CAN TALK ABOUT CHANGING THE RULES OF COUNCIL. THAT'S ON OUR AGENDA FOR THURSDAY. BUT RIGHT NOW THAT'S WHAT THE RULES STATE. ALL RIGHT. SO AS THE MAYOR, I WOULD I WOULD BE INCLINED TO ASK THE REST OF THE COUNCIL, FIRST OF ALL, IF THEY UNDERSTAND WHAT IT IS, THAT THE POINT OF ORDER CALLS AND THEN HOW THEY WOULD LIKE TO PROCEED.

IF YOU DON'T MIND EXPLAINING FOR THE FOR MYSELF AND THE REST OF THE AUDIENCE WHAT THIS THE POINT OF ORDER WOULD WOULD ENTAIL, MA'AM. OKAY, SO SECTION G, NUMBER TWO OF THE RULES OF COUNCIL, WHICH ARE RENEWED EVERY YEAR, STATE AND THE COUNCIL MEMBERS SHALL NOT BE PERMITTED TO ACCUSE OR EXPRESSLY OR IMPLIED. THAT MEANS WE CAN'T ASSUME WE CAN'T MAKE ACCUSATIONS ON COUNCIL, ANOTHER COUNCIL MEMBER OR STAFF OF VIOLATING ETHICS OR STATUTORY LAWS PUBLICLY DURING A COUNCIL MEETING. NOR SHALL WE BE ABLE TO PLACE AN ITEM ON THE AGENDA TO THAT EFFECT. THIS SECTION APPLIES TO THE MAYOR, ALL STAFF AND ALL COUNCIL MEMBERS. SO ESSENTIALLY, AND I WANT TO STATE, I WAS ADAMANTLY AGAINST THIS SECTION WHEN IT WAS PLACED ON THE RULES OF COUNCIL BACK IN 2022. WE CAN TALK LATER ABOUT WHY IT WAS PLACED ON THERE. I WAS ADAMANTLY AGAINST IT, BUT IT PASSED AND IT IS NOW A PART OF THE RULES OF COUNCIL. AND IT'S SAYING THAT IF YOU WANT TO MAKE SOME KIND OF ACCUSATION, YOU HAVE TO DO IT THROUGH AN ETHICS MEETING OR AN ETHICS COMPLAINT. UNLESS I'M MISTAKEN, I DON'T KNOW THAT THERE'S ANYTHING WRONG WITH DISCUSSING IT IN EXECUTIVE SESSION. WELL, IT CAN

[00:20:04]

BE PUT ON AN AGENDA, PUBLIC AGENDA, THE NO. IT JUST SAYS AN AGENDA. THE PURPOSE OF THE RULING, TO MY UNDERSTANDING, IS SO THAT WE'RE NOT PUBLICLY CALLING PEOPLE OUT, THAT WE DISCUSS IT PRIVATELY AHEAD OF TIME. THAT'S WHAT I THOUGHT. BUT THAT'S CERTAINLY NOT WHAT THE AGENDA WAS WHEN IT PASSED. SO WOULD YOU MIND? IT DOESN'T SAY. IT JUST SAYS IT CAN'T BE PLACED ON THE AGENDA. WOULD YOU? OBJECTIONS TO ITEMS PLACED ON THE AGENDA ARE TYPICALLY HEARD BEFORE THE AGENDA BEFORE THE MEETING. SO THAT'S THAT'S ONE ISSUE. SO IT WOULD BE NICE TO KNOW THAT THAT WAS COMING. BUT FROM A POINT OF ORDER PERSPECTIVE, AGAIN IT'S UP TO COUNCIL IF THEY WANT TO ENFORCE THE RULES OR NOT. I JUST HAVE A QUESTION BECAUSE YOU HAD SAID THAT THERE IS A PART OF IT THAT IS JUST PURELY LEGAL, AND THAT'S COMPLETELY DIFFERENT FROM IT'S POSTED FOR TWO PURPOSES. ONE, TO DISCUSS LEGAL ISSUES RELATED TO THE ETHICS CODES, WHICH IS CITED IN THERE, AND ANOTHER TO HEAR SOME INFORMATION REGARDING THE MAYOR.

SO IT'S POSTED UNDER TWO SECTIONS. SO I WOULD SUGGEST THAT THE POINT OF ORDER IS LIKELY ONLY SUPPOSED TO APPLY TO ONE OF THOSE SECTIONS. I JUST WANTED TO MAKE SURE THAT WAS CLEAR. CORRECT. WELL, THERE'S NO POINT EITHER. DID I UNDERSTAND THAT THIS WAS AN AN ACCUSATION? EITHER THAT IT WAS A DISCUSSION ABOUT FACTS AND WHAT WE WANTED TO DO FROM THERE.

SO I'M I'M JUST CONFUSED ABOUT WHAT THE OKAY. SO IT SAYS TO HEAR A COMPLAINT OR CHARGE AGAINST A PUBLIC OFFICER OR EMPLOYEE, SPECIFICALLY MAYOR FLORES, YVONNE. FLORES. GAIL.

WHOSE REQUEST WAS IT TO HAVE IT TALKED ABOUT? NOT IN EXECUTIVE SESSION. AND OUT HERE THERE'S MY. SO WE COULD HAVE TALKED ABOUT IT BACK THERE. JUST NOT IN HERE, I GUESS. I DON'T DISAGREE THAT THE RULE SAYS THAT THEY WILL NOT PLACE THE ITEM ON THE AGENDA, AND IT DOES NOT SPECIFY BETWEEN PUBLIC OR PRIVATE. THAT IS CORRECT. IT IS IN THE RULE. THE QUESTION IS WHETHER OR NOT COUNCIL WISHES TO ENFORCE THEIR OWN RULES, WHICH IS THEIR RIGHT. AND I'M OPEN TO EITHER WAY. I JUST WANTED TO I THIS I SAW THIS HAPPEN LAST YEAR AND I WAS CONCERNED AND SO I WHEN IT WHEN I HAVE THE OPPORTUNITY TO TRY TO CORRECT WHAT I THINK IS A MISUNDERSTANDING OF THE RULES OR A MISUSE OF THE RULES, THAT THAT'S WHY I DID IT AND I, I DID NOT REALIZE THIS UNTIL LATER ON. IT WAS YESTERDAY THAT ME AND COUNCILMEMBER BOWSER WERE GOING THROUGH THE RULES, AND WE SPENT HOURS THIS WEEKEND AT THE PUBLIC SAFETY CENTER GOING THROUGH THE BACKUP. THEN DID I REALIZE THAT THIS WAS ACTUALLY IN THE RULES? I THOUGHT IT WAS JUST I DIDN'T REALLY UNDERSTAND WHERE IT SAT. AND THEN WHEN WE WENT THROUGH THEM, I REALIZED THAT THIS ACTUALLY IS IT GOES AGAINST WHAT HAPPENED TO COUNCILMEMBER ZUNIGA AND MYSELF. SO SO WE CAN IF YOU GUYS ARE COMFORTABLE, WE CAN DISCUSS THE LEGALITY PART OF AND WE CAN WAIT TO HEAR MINE. FOR ME, I WOULD BE MOST COMFORTABLE JUST HAVING AN ETHICS COMPLAINT FILED AND THEN TAKING CARE OF IT ON THE ETHICS SIDE, BECAUSE I THINK THAT'S WHAT THIS STRIVES TO DO, IS TO KEEP THE TWO SEPARATE. MAYOR. YES, I'D LIKE TO MAKE A MOTION TO HAVE WHAT SECTION IS THAT? SECTION? IT'S NUMBER. IT'S NUMBER ONE E AND IT'S THE SECTION RELATED TO 551.0741.074. OKAY. SO A MOTION TO EXCLUDE SECTION 1E5 5.1074 FROM EXECUTIVE. CAN I HAVE A DISCUSSION. THE MOTION HAS TO HAVE A SECOND BEFORE WE HAVE A DISCUSSION. OKAY I'LL GO IN SECOND OKAY. IF THERE'S LEGAL WEIGHT TO IT, IS IT AN ACCUSATION. BECAUSE I THINK THAT'S WHERE I'M GETTING STUCK ON THE TERMINOLOGY. IS THAT LIKE IF THERE IS A LEGAL ASPECT TO IT, IT IS NO LONGER SIMPLY JUST A SORT OF ACCUSATION. AND I FEEL LIKE WE'RE ALL WORKING OFF OF DIFFERENT DEFINITIONS HERE. SO I'M JUST TRYING TO FIND SOME SOLID GROUND. TYPICALLY THESE THINGS ARE DISCUSSED TOGETHER. WE'RE NOT GOING TO GET INTO THE FACTS OF ANYTHING THAT OCCURRED. BUT TYPICALLY WHEN SOMETHING OCCURS, NOT ONLY DO WE DISCUSS WHAT MAY HAVE OCCURRED, BUT WE DO DISCUSS WHAT SECTIONS OF THE LAW OF THE ETHICS CODE OR THE LAW APPLY TO MAKE SURE THAT THE REST OF COUNCIL IS EDUCATED AS WELL. AND SO IT'S POSTED BOTH WAYS. SO IF THERE WAS LIKE IF THERE'S A LEGAL ISSUE WITH, WITH ANY KIND OF ACCUSATIONS OR CHARGES AGAINST ME, I WOULD SAY YES, LET'S TALK ABOUT THAT. I DON'T KNOW IF THAT'S BEEN CLARIFIED. THAT MAY BE INCLUDED. YES, MAYOR. BUT IT CAN'T BE AN

[00:25:06]

ETHICS CORRECT. IT JUST HAS TO BE LIKE A LIKE A LEGALITY, LIKE A CRIMINAL, BECAUSE THE ETHICS IS ISSUE RELATED TO THE ETHICS CODE. YES, MA'AM. SO THE ISSUE, WELL, IS ETHICS LEGAL? YES, MA'AM. IT'S A LAW. I GUESS IT'S A LAW, BUT IT'S NOT CRIMINAL. RIGHT. SO LIKE OKAY, SO I GUESS IF WE HAD A BETTER UNDERSTANDING OF WHAT THE, THE SECTION G NUMBER TWO, JUST AS A SUGGESTION, DO WE WANT TO PAUSE THE DISCUSSION OF 551.074 AND JUST DECIDE TO GO IN THE BACK AND DISCUSS THE 551.071 ISSUE TO HELP INFORM EVERYBODY? YES. AND THEN IF WE WANT TO TALK FURTHER, THEN WE CAN COME BACK OUT AND HAVE THAT DISCUSSION. SO WHAT I WOULD RECOMMEND IS THAT YOU READ THE PAPER I GAVE YOU, BUT LEAVE OFF 551.074 SO THAT WE CAN GO INTO EXECUTIVE SESSION. OKAY. THE CITY COUNCIL WILL NOW GO INTO EXECUTIVE SESSION TO DISCUSS AGENDA ITEMS ONE A THROUGH G, IN ACCORDANCE WITH TEXAS GOVERNMENT CODE SECTIONS FIVE, FIVE, 1.07155, 1.072 AND FIVE 51.087.

IS 738 ANM EXECUTIVE SESSION. THERE WAS NO ACTION TAKEN HERE AND BUT THERE

[3) A portion of item 1(e) listed for executive session, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee and/or to hear a complaint or charge against a public officer or employee, specifically Mayor Yvonne Flores-Cale, will be discussed in open session at the request of Mayor Flores-Cale. The City Council may take action on this item in open session.]

WILL BE ACTION TAKEN NOW. SO FOR ITEM ONE F, I WOULD LIKE TO MAKE A MOTION. THERE WAS A MOTION AND A SECOND ON THE FLOOR IN THE BACK. WE NEED TO TAKE A VOTE ON THAT. THERE WAS A MOTION REGARDING AGENDA ITEM THREE. AGENDA ITEM ONE E. I APOLOGIZE, I DON'T HAVE THAT ONE IN FRONT OF ME. THE MOTION WAS TO EXCLUDE DISCUSSION OF AGENDA ITEM ONE E RELATED TO 551.07 FOR TONIGHT, AND THERE WAS A MOTION AND A SECOND ON THE FLOOR. ALL RIGHT. CAN WE CAN WE GO AHEAD AND HAVE A VOTE ON THAT? ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED? CAN I GET SOME CLARIFICATION ON THE MOTION? YES. IT WAS REGARDING IF WE VOTE, I WE'RE NOT TALKING ABOUT WE'RE NOT TALKING ABOUT TONIGHT. CORRECT. ARE WE GOOD? WE GOOD. OKAY. ALL IN FAVOR SAY AYE. OPPOSED? MOTION PASSES SEVEN ZERO. ALL RIGHT. UP NEXT, I'D LIKE TO MAKE A MOTION ON ITEM ONE. F DIRECTING THE CITY MANAGER TO ISSUE A REQUEST FOR QUALIFICATIONS FOR AN OUTSIDE ATTORNEY TO PROVIDE A RISK ASSESSMENT RELATED TO EXISTING CITY CONTRACTS FOR ROAD INFRASTRUCTURE. SECOND. ALL RIGHT, I HAVE A MOTION BY ME AND SECOND, BY COUNCILMEMBER MCKINNEY. ALL IN FAVOR, SAY AYE. AYE. OPPOSED? THE ITEM PASSES SEVEN ZERO. ALL RIGHT. I'M GOING TO CLOSE EXECUTIVE SESSION. THE

* This transcript was compiled from uncorrected Closed Captioning.