A tiny metropolis protecting lower than a sq. mile tucked inside San Antonio has turn out to be the middle of an more and more weird political feud that has spilled from Metropolis Corridor into federal courtroom.
Balcones Heights Mayor Johnny Rodriguez Jr. filed swimsuit towards town in April, alleging council members and metropolis officers illegally stripped him of powers granted to the workplace of mayor after he started elevating issues about metropolis operations and questioning the dealing with of lacking police division tools.
In line with courtroom filings, Rodriguez contends the council used a office investigation as a pretext to limit his entry to Metropolis Corridor, minimize off direct communication with workers and sideline him from metropolis authorities in retaliation for his efforts.
Metropolis officers dispute that characterization. In an April assertion, town stated 14 present and former workers filed complaints relating to Rodriguez’s office conduct, together with 4 current allegations describing a hostile work setting. The Metropolis Council has maintained that restrictions positioned on the mayor have been momentary measures meant to guard workers and protect the integrity of an impartial investigation, not a discovering of wrongdoing.
The battle traces again to February.
In line with Rodriguez’s grievance, Metropolis Administrator Maria Hernandez approached him in February with issues about Police Chief Roger Cavazos, together with lacking police division tools and different operational points. Rodriguez alleges Hernandez requested him to assist maintain Cavazos accountable after she was unable to resolve the issues herself.
Rodriguez stated he confronted Cavazos about 4 lacking digital ticket-writing units and later issued a written directive looking for an investigation into their disappearance. Inside days, based on courtroom filings, complaints towards the mayor surfaced and the connection between Rodriguez and metropolis management rapidly deteriorated.
On March 9, the Metropolis Council held a particular assembly that in the end resulted within the adoption of an ordinance which restricted the mayor’s capability to speak straight with metropolis workers, consultants and town lawyer with out council approval. The ordinance additionally routed communications by Mayor Professional Tem Jack Burton, the place 1 council member who was chosen by the council to serve within the mayor’s absence, and restricted Rodriguez’s entry to Metropolis Corridor.
Rodriguez argues the council lacked authorized authority to impose these restrictions and that the measures successfully prevented him from finishing up duties assigned to the Workplace of Mayor underneath Texas legislation.
The dispute escalated additional three days later.
In courtroom filings, Rodriguez alleges he was ordered to depart a gathering with Wonderland of the Americas builders at Metropolis Corridor and was threatened with arrest if he refused. He additional alleges cops locked parts of the constructing whereas he remained inside. The incident later turned one of many central allegations in his federal lawsuit.
Metropolis Council doubled down on the restrictions throughout a March 23 assembly, adopting a second ordinance meant to ratify the sooner motion whereas authorizing an outdoor investigation into complaints towards the mayor.
Rodriguez filed swimsuit in federal courtroom on April 8, naming town and several other officers as defendants. The lawsuit alleges violations of his constitutional rights and seeks to invalidate the ordinances limiting his authority.
The case rapidly landed earlier than a federal Justice of the Peace decide after Rodriguez requested a preliminary injunction that will instantly restore his entry and authority whereas the lawsuit proceeded.
Final month, U.S. Justice of the Peace Choose Elizabeth Chestney really helpful denying that request, concluding Rodriguez had not demonstrated a considerable chance of success on the deserves at this stage of the litigation. The advice shouldn’t be a remaining ruling, and Rodriguez has since filed objections asking the district decide assigned to the case to reject it.
The dispute has continued to evolve because the lawsuit was filed.
In a primary amended grievance filed Could 28, Rodriguez expanded the lawsuit to incorporate allegations that metropolis officers continued limiting his authority after the unique submitting. The amended grievance alleges metropolis officers improperly routed communications by intermediaries, delayed agenda objects he sought to put earlier than the council, didn’t notify him of official conferences and emergencies, tried to take away him from workplace throughout an April council assembly and improperly carried out the investigation used to justify the restrictions.
A number of defendants named within the unique lawsuit, together with Cavazos, are now not events to the case. Nevertheless, claims towards town and several other elected and appointed officers stay pending.
The authorized battle has continued whilst Rodriguez received reelection Could 2 with out opposition, securing one other two-year time period.
A particular Metropolis Council assembly scheduled for Could 18 included agenda objects associated to the personnel investigation, potential corrective motion and a dialogue on waiving attorney-client privilege related to the investigation report.
The assembly was in the end canceled after the council failed to succeed in a quorum.
In an e-mail to the San Antonio Report, metropolis officers stated Mayor Professional Tem Burton was hospitalized and Councilmember Jimmy Hernandez was unable to attend, leaving the council with out sufficient members current to conduct enterprise.
The subsequent common Metropolis Council assembly is scheduled for June 22, whereas the federal case is anticipated to maneuver ahead with an preliminary pretrial convention in early July.
In the meantime, the most recent submitting alleges ongoing retaliation because the battle continues to unfold.
In a press release, Rodriguez’s lawyer Brandon Grable stated town despatched Rodriguez a cease-and-desist letter on June 3, figuring out 34 emails the mayor despatched to metropolis workers over the previous month and demanding that he cease sending related communications.
In line with Grable, the emails concerned requests for data associated to outdoors authorized counsel, questions relating to Financial Improvement Company conferences, code compliance issues and pedestrian security issues.
“This is similar retaliation sample alleged in our pending federal civil rights case,” Grable stated within the assertion.
Grable argued the ordinance limiting Rodriguez’s communications with metropolis workers stays illegal and stated the mayor intends to proceed finishing up what he views as his statutory duties whereas the litigation proceeds.
“The council majority would really like nothing higher than to discover a method to take away the mayor — even when symbolically and unlawfully,” Grable stated. “Sadly, for the council majority, the mayor will proceed to carry out his statutory duties underneath Texas legislation.”
