City Attorney Voluntarily Resigns After City Council Demand

by Martha E. Ibarra/LFN

The La Feria city commission held its regularly scheduled meeting on Tuesday, Aug. 23, at 6:30 PM in the city commission meeting room at 115 E. Commercial Ave. in La Feria.

After following the usual protocol of a regular city meeting (invocation, pledge of allegiance and determining quorum present), in the absence of Mayor Olga Maldonado, Commissioner Esmeralda Lozano called the meeting to order.

The first item on the agenda was the consideration and appropriate action to take regarding the resignation of attorney, Richard S. Talbert, as the charter appointed city attorney.

The following information was received by La Feria News through the Freedom of Information Act (FOIA), 5 U.S.C ‘552, which is a federal freedom of the information law that allows for the full or partial disclosure of previously unreleased documents controlled by the United Sates government, state and local governments.

On the evening of Aug. 17 2016, Commissioner Esmeralda Lozano sent an e-mail to Interim City Manager, Esmeralda Sanchez:

“Dear Esmeralda,

I am sending this e-mail to you on behalf of Mayor Maldonado… Please contact Mr. Talbert as soon as possible and advise him to submit his letter of resignation effective Friday, August 19, 2016. Mr. Navarro’s team will be providing all legal assistance to help with the business negotiations pending as well as any city business for which you need legal counsel. Please email both the Mayor and myself once you have advised Mr. Talbert of the request for his resignation as well as when you formally receive the letter itself.”

Mr. Talbert submitted his letter of resignation via e-mail on Aug. 23, 2016 with the following message to Esmeralda Sanchez:

“I will not be attending the City Commission meeting scheduled for tonight at 6:30 pm and respectfully request that you read my letter into the record at the appropriate time – or if the Commission refuses you to read the letter that it be placed as part of the official minutes of the meeting in order to document this action. Please advise the Mayor and Commissioners that I am submitting my resignation voluntarily and not in response to the email demand that you received from Commissioner Lozano on behalf of Mayor Maldonado for me to submit a letter of resignation no later 5:00 pm on Friday, August 19 as it is my opinion that such demand potentially violates the Charter of the City of La Feria – Article II – Section 2.14 – PROHIBITIONS, Subsection (B) Appointments and Removals which specifically states “Neither the Mayor nor City commission shall in any manner control or demand the appointment or removal of any city administrative officer . . . . or any subordinate of the City Manager is empowered to appoint. . .” Given that the description of the City Attorney falls under Article III ADMINISTRATIVE SERVICES and Section 3.07 – City Attorney specifically states “There shall be a City Attorney of the City appointed by the City Manager . . . .” and Article II – Section 2.10 – Duties and Powers of Commission specifically states “. . . ; provided however, that the Mayor and City Commissioners shall have no administrative responsibilities.” – it is my opinion that serious issues exists as to whether there has been a violation of the City Charter. Of course, since I have already resigned as City Attorney, these thoughts are only my personal ones and in no way constitute any legal advice to the City of La Feria.”

In his resignation letter, Mr. Talbert also stated, “It has been my pleasure in working with Mr. [Sunny] Philip, you and all the employees of the City during my tenure as City Attorney. The dedication and professionalism of Mr. Philip, you and all the employees of the City are, in my humble opinion, the main reason for the growth and success of the City in recent years.”

Commissioner Julian Guevara Jr. motioned for the committee to go into executive session. Attorney Ricardo J. Navarro joined the committee for 35 minutes of deliberation. After the committee emerged, Commissioner Lozano announced that no action had been taken. She then gave the committee the opportunity to accept or decline Talbert’s resignation letter, “At this point I will entertain a motion- any of the commissioners to accept the resignation of Mr. Richard Talbert effective immediately.” Commissioner Eric Hoff immediately motioned for the acceptance of Mr. Talbert’s resignation letter. Commissioner Hoff’s motion was supported and passed.

The committee went on to discuss the next item regarding the continuation of legal counsel from the law firm of Denton, Navarro, Rocha, Bernal, Hyde and Zech; this firm had been previously enlisted by the city committee to assist in special counsel regarding the city manager’s employment status. Attorney Ricardo J. Navarro came forth and spoke before the committee on behalf of his firm. “This is simply to continue that [legal counsel] on the same terms, which by the way are the same terms as what Mr. Talbert has had with the city. So, with his resignation, this will allow us then to continue assisting the interim city manager and just provide whatever legal advice she may need in the interim until you all go through your applicant process for city manager,” explained Navarro. After Navarro addressed the committee, Commissioner Hoff motioned to continue the legal services of the law firm of Denton, Navarro, Rocha, Bernal, Hyde and Zech. The motion passed.

Next, the committee focused on the presentation of the delinquent tax report for the fiscal year 2015-2016 brought forth by Mr. Hiram Gutierrez, a representative from Perdue, Brandon, Fielder, Colins and Mott LLP. The committee listened to Mr. Gutierrez and asked him questions regarding his presentation. There was no need for any sort of action to be taken on this matter.

The next item up for discussion was the review tabulation of proposals received and to award a contract for the city of La Feria Employee Group Health Insurance and designate an agent for the city of La Feria. The committee had been presented with four packets from four different insurance groups- Allegian, Employee Group Benefits of Texas, TML and Gallagher. Interim City Manager, Esmeralda Sanchez, explained to the committee the contents of each packet as well as the prices offered by each insurance group. After listening to Joanie Bianchini, a representative of the Allegian group, Commissioner Hoff motioned to table the item and move on.

The commission, looking for public input, then motioned to hold a public hearing regarding the proposed tax rate for the 2016 tax year. No one came forth as the committee discussed the item at hand and the meeting proceeded with the closing of the public hearing and the approval of the minutes from the previous meetings.

The committee then went on to consider and take action to approve or deny several city ordinances regarding the zoning and rezoning of several properties that have been given the opportunity to foster new businesses. Interim City Manager, Esmeralda Sanchez, called forth Paula Rodriguez, the planning and community development director, to share with the committee a brief explanation of the public hearings held to discuss the ordinances and the possibility of zoning and rezoning. Since the planning and zoning board had already approved the plans for the properties being discussed, the city committee motioned to approve the ordinances and all four ordinances passed.

Next, the committee discussed the contract for EMS services between the city of La Feria and South Texas Emergency Care Foundation, INC. The committee spoke highly of the effectiveness of the emergency care providers housed in the fire station, “They’ve been doing a good job,” stated commissioner Julian Guevara Jr. All committee members unanimously approved the motion to contract South Texas Emergency Care Foundation, INC. to serve La Feria for five more years.

The city commission went on to consider and take action to approve a resolution designating Esmeralda Sanchez, the interim city manager, as the city’s executive officer and authorized representative in all matters pertaining to the HOME program. The motion was approved.

Finally, the committee reviewed the bid tabulation and considered to take action to approve a resolution to award a contract to the lowest most qualified and responsible bidder for the Texas Department of Housing and Community Affairs (TDHCA). The TDHCA awarded the city of La Feria money to construct 3 homes, each slightly less than 1200 square feet, 3 bedrooms/ 2 baths. The commission announced that the lowest bidder was JW Turner Construction at $81,800.00 per house. When speaking of JW Turner Construction Company, Esmeralda Sanchez said, “They are very qualified. They have done a lot of good work for the city.”

The next city meeting is scheduled for August 30th at 6:30 p.m. in the Commission Meeting Room at 115 E. Commercial Avenue, La Feria, TX. The public is encouraged and welcome to attend.