Saturday, July 28, 2012

ZAP! #94: Legality of Vote

To: Irving Mayor, City Council and City Manager 
Dennis Webb, Michael Gallaway, Beth Van Duyne, Gerald Farris, Brad LaMorgese, Rose Cannaday, Roy Santoscoy, Joe Putnam, Tom Spink, Tommy Gonzales

     It seems that a significant and legal question remains after the very hasty vote on the new library proposal by the council Thursday evening.  What did seven members of the council actually vote for?  
     If the vote was for the detail (Agenda Item #23) as it appeared in the original agenda packet and discussed in the work session, was the Thursday evening vote legal and binding considering a portion ($3.8+ million) of the funding may not be Kosher with bond fund usage?  (Meaning, the $3.8 million could not be used for constructing a new library.)
     The final vote for the new library funding was not amended.  And since discussion basically removed the $3.8+ million non-legal bond funding and substituted funding (we never heard from where) with an unidentified source, was this legal?  After all, there was no posting, documentation or public awareness provided for this major change in the financial structure of the proposed new library. 
     While staff of the CCR does not have any legal training, we sometimes might recognize when a governing body attempts to make items that should be transparent appear...very cloudy or even not legal.
     A formal response to this e-mail from the city manager and/or mayor as to the course of action that will be taken on this agenda item would be appreciated.
……………………….Mark Holbrook

The above was posted to the CCR blog, but sent only to those addressed in the e-mail.

Update………...Update…………….Update...July 30, 2012

     Regarding ZAP! #94 detailing the apparent illegality of the council’s vote on the proposed new library, the following was received from Irving’s mayor.

     Without being too cynical, it appears that the city administration is preparing to circle the wagons, perhaps attempt to justify the unjustifiable and clear the forest of twelve trees of pulp to produce a report while dancing the bureaucratic shuffle with their response.

     Staff of the CCR plans to grab a chair when the music stops and keep readers informed.

From: Beth Van Duyne <>
Subject: RE: Legality of Vote
Date: July 30, 2012 1:58:11 PM CDT
To: Mark Holbrook <>
I agree with much you wrote.  I'm asking legal and finance to prepare an answer for you that identifies our authority, source and legal position.  As soon as I receive, I will send you.
Thank you,