LORENA, Texas (KWTX) – A Lorena City Council member is alleging her fellow council members violated the Texas Open Meetings Act in May when they selected a new mayor pro tem.
While Council Member Emily McKenzie says in a complaint filed with Lorena City Attorney Charles Olson that she is not pursuing criminal sanctions for the alleged violation, she is seeking the resignation of Mayor Russell Walizer.
“We propose that, in light of his role in the violations, Mayor Walizer seriously consider immediately resigning, to allow someone else to step up to lead,” the complaint from McKenzie’s attorney, David Schleicher, says.
McKenzie, who declined comment through her attorney, said in her complaint that she “insists that there be some accountability.” Schleicher said only that, “We look forward to a prompt resolution.”
Schleicher’s five-page complaint to Olson said McKenzie currently is not interested in serving as mayor or mayor pro tem. However, it was her stated desire to be appointed mayor pro tem that led to her allegations that other council members and Walizer met or discussed appointing Council Member Adam Montemayor mayor pro tem outside the bounds of an open council meeting.
A mayor pro tem is appointed by council members to temporarily step in for the mayor when the mayor is absent, incapacitated or unavailable.
City Council members are not allowed to meet in a quorum or decide matters behind the scenes while not in open meetings.
“We look forward to hearing that the Mayor has decided to demonstrate the strength of character needed to step up and resign so that someone else—who is not Councilwoman McKenzie—may replace him as Mayor,” Schleicher wrote in his complaint. “This would also have the benefit of precluding any citizens from filing a petition with a district court seeking the Mayor’s removal based on an assertion of official misconduct.”
In an email to KWTX, Walizer said the allegations are unfounded and don’t accurately reflect what happened. He denied there was a “secret meeting, quorum, walking quorum or any effort to conduct city business outside of a properly posted public meeting.”
“The Mayor Pro Tem appointment was discussed publicly during a properly posted City Council meeting, nominations were made openly, and the vote occurred in full view of the public,” Walizer said. “Every action taken by the Council was conducted transparently and in accordance with applicable law.
“While anyone has the right to raise concerns, accusations of criminal misconduct should be supported by facts and evidence, not assumptions or speculation. To date, no evidence has been presented demonstrating that a violation of the Texas Open Meetings Act occurred,” he said.
He said the city and its elected officials take Open Meetings Act compliance seriously, adding they receive training on requirements prescribed by law.
Pat Kultgen, who lives just outside the Lorena City Limits and who is a regular at city council meetings, said Tuesday that she will send a certified letter to McLennan County District Attorney Josh Tetens to ask his office to investigate the alleged violation.
“It was a clear, admitted violation of the Open Meetings Act,” Kultgen said. “I was shocked. I thought, ‘You have got to be kidding.’ The mayor said, ‘We have already decided this and Dr. McKenzie said, ‘You held meetings outside. You can’t do that.’ They already decided they wanted Adam and it was a clear violation and it was all on camera.”
Tetens had not received an official request to look into the situation as of Tuesday afternoon, but said if he does, he will “review whatever materials were provided and review the law, as well.”
City Manager Kevin Neal said he is aware of the complaint but declined comment Tuesday.
“I do not speak against pending legal action,” Neal said.
Phone messages and emails left for Montemayor and council members Carla Pendergraft, Jason Blanek and Joe Gomez at Lorena City Hall were not returned.
Olson, Lorena city attorney, declined comment, also citing potential litigation.
According to the complaint, the agenda for the May 11 city council meeting included “discussion and possible action appointing Mayor Pro Tempore for a one-year term.”
“Around 6:15 p.m., the Mayor, with Councilwoman McKenzie to his left, gestures to the empty seats to his right, stating that ‘I just wanted to let you know that they’ve decided to vote in Adam Montemayor for Mayor Pro Tem,’” the complaint alleges.
“The seats to his right are where Carla Pendergraft and Jason Blanek sit, the Councilmembers who later made and seconded the motion nominating Montemayor to be Mayor Pro Tem,” according to the complaint. “Councilwoman McKenzie asks, ‘Who’s they?’ The Mayor doesn’t directly answer, stumbling over his words until eventually saying, ‘I just didn’t want you to be blindsided.’”
Violations of the Texas Open Meetings Act can be punishable by up to six months in jail and a fine up to $500.
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