Balcones Heights Mayor Johnny Rodriguez remains in office after his arrest on an assault charge as residents debate the case and calls for his resignation grow.
BALCONES HEIGHTS, Texas — Mayor Johnny Rodriguez remains in office following his arrest on a misdemeanor assault charge, but pressure is mounting from a police association and residents calling for him to resign.
Rodriguez was reelected in May after running unopposed.
He was arrested Aug. 26, two days after investigators say he made unwanted physical contact with 78-year-old former City Council member Lamar Gillian during Monday’s council meeting.
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The city said Balcones Heights police took the initial reports following the Aug. 24 meeting. A warrant was later issued by the 379th District Court and served by the Bexar County Precinct 2 Constable’s Office.
An arrest affidavit alleges Rodriguez left the dais and approached Gillian, who was standing near an aisle with his arms crossed. Investigators said Gillian was not blocking Rodriguez’s path or preventing him from leaving the council chambers.
The affidavit alleges Rodriguez entered Gillian’s personal space and touched him on the arm or shoulder. Gillian immediately responded, “Don’t you touch me.”
Investigators said Rodriguez then reached toward Gillian again, but a bailiff stepped between the two men and prevented any additional contact. What was described in the arrest documents can also be seen on the meeting’s video. No injury is alleged.
Because Gillian is older than 65, Rodriguez was charged with assault against an elderly individual, a Class A misdemeanor.
Balcones Heights resident Marshall Hebert said he was near the door and saw the confrontation unfold.
“Mr. Gillian was standing there, but he wasn’t blocking the path,” Hebert said.
Hebert said he initially believed Rodriguez was going to gesture for Gillian to move. He said he was close enough to hear Gillian tell the mayor not to touch him.
“He did touch him,” Hebert said. “Then the security guard got between them. Then they separated, then Johnny walked on out the door.”
Hebert, who has lived in Balcones Heights for 22 years, said he was not surprised when he learned about the arrest.
After Rodriguez’s first meeting as mayor, which Hebert described as explosive, Hebert said he invited Rodriguez and Gillian to his home for coffee. He said the men had a conversation about the mayor’s responsibility to establish the tone of council meetings.
“We tried to explain to Johnny, ‘If you’re going to be mayor, you’ve got to set the tone for the meeting,’” Hebert said.
At a July 27 city council meeting, Hebert delivered a stronger message to his neighbor and city leader.
“I said, ‘Johnny, you’re a good man. I like you, but you’re not a good fit for this,’” Hebert said.
Hebert said he directly asked Rodriguez to resign for the good of the city. He is repeating that call following the arrest.
“I pray he would resign so we can move on and get back to normal,” Hebert said. “We’ve become such an embarrassment to the city. I’m embarrassed for my city.”
The Texas Municipal Police Association (TMPA) is also calling for Rodriguez to step down. The organization has openly clashed with the mayor and said its concerns date back roughly two years.
“We started receiving several complaints, and it dates back to about two years ago, where he was basically becoming anti-law enforcement with some of the things he was bringing up to the council,” said Tyler Owen, the association’s communications manager. “When our members started reaching out saying, ‘How do we handle this?’ it was alarming.”
Owen said the group “saw trouble on the horizon” and attempted to meet with Rodriguez, but its efforts were brushed off. The association insists its criticism is professional, not personal.
Owen described the city’s council meetings as “an absolute circus” and said the Aug. 24 confrontation showed the relationship between Rodriguez and law enforcement had deteriorated beyond repair.
“The marriage is broken and the divorce is possibly near,” Owen said. “So we’re asking him to do the right thing for the city of Balcones Heights, definitely our members within law enforcement, and step down.”
Owen said the association believes Balcones Heights needs new leadership.
“There’s a black cloud that’s been hovering over Balcones Heights since he’s been mayor, and it’s just an unfortunate situation,” Owen said. “We’re just asking for new leadership, and I think it’s time. The ship has sailed.”
Not every resident believes the video depicts criminal conduct.
One woman who spoke with KENS 5 off camera said she did not believe the contact merited an assault charge. Many commentors on social media are in agreement. The woman told us she was tired of personal attacks and bickering during council meetings distracting city leaders from conducting city business.
Resident Lindsey Hinojosa, who attends as many council meetings as she can, said she watched the entire three-hour video of the Aug. 24 meeting. She said she was not shocked when she learned about the arrest.
“I’m not surprised because there’s definitely a behavior pattern,” Hinojosa said. “If you watch him in former meetings, the way he speaks to council members, the way he addresses the public, especially Lamar — this has been bubbling up.”
Hinojosa said the conflict carries particular weight in a community as small as Balcones Heights.
“Balcones Heights is small, so because of that, we’re tight-knit,” she said.
Hinojosa said that during the first meeting she attended, council members repeatedly struggled to speak. She accused Rodriguez of routinely violating Robert’s Rules of Order.
Still, she said she hopes city leaders can move past the fighting.
“I hope we can all just get along and make change,” Hinojosa said.
The city issued a statement clarifying that Rodriguez remains mayor because an arrest alone does not remove him from office. If he cannot preside over a meeting or perform his duties, the mayor pro tem may assume those responsibilities.
The city said all council, board and commission meetings will continue as scheduled and municipal services will not be interrupted.
Rodriguez has not responded to KENS 5’s request for comment. KENS 5 went to his home and left a business card but had not received a response as of publication.
Gillian told KENS 5 that he was not legally permitted to comment publicly. He confirmed that he provided a statement to police. KENS 5 requested that statement under the Texas Public Information Act.
Council members also told KENS 5 that the city attorney instructed them not to speak with the news organization.
The criminal case will proceed through the legal process. Rodriguez is presumed innocent unless proven guilty.