By Karen Gleason
The 830 Times
Members of a local activist organization chastised the Del Rio City Council on Wednesday for firing City Attorney Ana Markowski Smith, charging the council is not being transparent about why Smith was fired and calling for her reinstatement.
Smith was fired during a Feb. 24 meeting of the council, with Councilwoman Carmen Gutierrez making the motion “to proceed with the dismissal,” and Mayor Pro-tem Jim DeReus giving the second. The vote to fire Smith was 5-2, with Councilman J.P. Sanchez and Councilman Randy Quinones voting against it.
Three members of The Border Organization (TBO) spoke to the council during the “Citizen Comments” portion of Wednesday’s special meeting.
Eddie Cortez, a TBO leader, said he wished to address Smith’s firing, reminding the council that Smith asked for discussion of any agenda items pertaining to her to be held in open session, not behind closed doors.
Cortez said, “Under Section 551.074 of the Texas Government Code, it authorizes the government body to take some actions. However, one of the portions also stipulates that the affected employee or officer has the right to have this discussion done in public. Mrs. Smith had requested that, but it was denied. We strongly feel her right to due process was denied, and we feel, and according to research, it indicates, that any actions taken or decisions made during an improper action be voided.”
TBO leader Patricio Garza also spoke to the council.
Garza told the council, “My question for you is, what now? You recently made decisions that once again will impact the residents and citizens of Del Rio. The water rate and infrastructure was spearheaded by the city manager, who is no longer employed by the city. So what is the plan going forward? Several of you are up for re-election, so whatever continuity could have been had with the main driver of the water issue is no longer there.”
Garza also charged that a major water line replacement project was not mentioned in earlier discussions of critical infrastructure to be paid for through steep water rate increases.
Garza said, “Was this a hidden priority all along? The council and city management needs transparency, otherwise trust from the community will be broken.”
Garza also questioned the financial impact of the city parting ways with its attorney and city manager, not only in severance pay and “possible litigation,” but also in paying for temporary replacements in those two positions.
“So again, what now? The consequences of your actions will be felt, not only today, but for many years to come. What is your accountability to the citizens? And lastly, were the decisions based on facts or emotions? Because as of today, we do not know the true story,” Garza finished.
Next to address the council was Sandra Fuentes, a TBO organizer and leader.
Fuentes told the council, “It was with great disbelief that we learned that this council had fired the city attorney and, at the same meeting, mutually separated from the city manager. Two upper-tier city administrators gone in one evening while we’re in the middle of a financial crisis, water rate and billing crisis, projects that have not been completed crisis, bond rating crisis, recreational crisis, bridge crisis and an unfilled city positions crisis.
“This decision by city council is so unconventional that the San Antonio news media ran the story. We are changing horses in a race that we are already losing, and what is the reason for the firing of the city attorney? We believe we have a right to know.
“You are not legally bound to not give the public a reason or reasons for the dismissal, especially if Ms. Markowski Smith wants it publicly known. Did the ex-city attorney lose most cases? Was she absent most of the time? Was she chronically late for work? Was she inaccessible to city council members, city employees or citizens? Did she miss deadlines? Did she violate her job description duties?
“The Border Organization’s experience with Ms. Markowski was nothing but professionalism, expertise, competence and availability. She was instrumental in assisting with a San Felipe issue that had been ongoing for decades. She gave a clear and concise explanation of the water rate hikes. She established an agenda policy and an agenda worksheet to keep up with items as they came up. She disposed of 10,000 cases from the 80s and 90s. The list goes on and on.
“And she did this in such a short time. If anyone has violated policy and/or law, it has been some of you as city council members. As city council members, you are prohibited from getting involved in city operations, but you did time and time again.
“As a council member, you cannot give a directive to staff to cut down a tree at the golf course. You cannot enter into negotiations with Union Pacific concerning the rental of the train depot. You cannot ask the city manager to fire Scot Carcasi. You cannot interfere with the emergency management coordinator’s job. In fact, we understand the latter is what did both employees in.
“The city fire chief asked the city attorney for legal confirmation that certain city council members and a citizen were violating the use of the warming center. (Smith) was asked for assistance. She gave assistance. She did her job, and that is what did her in. Unless you tell us otherwise.
“You fired her, and you didn’t even do that correctly. You violated her civil rights by denying her open session. In fact, you didn’t correct her motion, and after the city manager reminded you that it was a mutual separation, not a resignation, and that is why we have (tonight’s) special meeting. You can’t even fire people correctly.
“We ask you to rescind your dismissal of Ms. Markowski Smith, especially after hearing from so many people, and if you still want to fire her, then do so, but do it correctly and give us the reason why. We deserve that much,” Fuentes finished to loud applause from the audience.
After the three TBO members spoke, the council moved on the rest of its agenda items.
The council first ratified the mutual separation of the city manager and the city, then moved on to a resolution to approve the appointment of The Law Firm of Denton Navarro Rodriguez Bernal Santee & Zech, P.C., to provide legal services as interim city attorney.
When Mayor Al Arreola asked if there was a motion on the resolution to appoint the law firm, Councilman J.P. Sanchez said, “Mayor, I’ve got something to say. At this time, I would like to remind the council the financial situation the city’s in, and we need to be as frugal as we possibly can, and the hiring of a San Antonio firm to oversee our day-to-day legal situations is not being frugal or wise.
“Let me remind the council of what we paid our financial director that we rented, and it was double and more and I don’t want to do this with this law firm. With that said, mayor, I would like to make a motion to reinstate Ana Smith Markowski,” Sanchez said, as members of the audience clapped and cheered.
Arreola told Sanchez, “Mr. J.P., it is not on the actual agenda. You can make motion, but (we) can’t do anything else. Our attorney has just stated we have to go do something else. This is about a law firm that’s going to represent us if we make a decision, and this is what is needed for the city to continue going forward.”
Arreola then asked if anyone else wanted to make any other comments.
Arreola then also asked for a motion “to accept this law firm until we find a way to do otherwise.”
Councilwoman Carmen Gutierrez made a motion to approve the resolution appointing the San Antonio law firm, and Councilman Jesus Lopez Jr. gave the second.
The council approved Gutierrez’s motion on a 5-2 vote, with Gutierrez, Lopez, Arreola, Mayor Pro-tem Jim DeReus and Councilwoman Ernestina “Tina” Martinez voting in favor, and Sanchez and Councilman Randy Quinones voting against.
The council then went into executive session and stayed behind closed doors for about two-and-a-half hours.
Ana Markowski Smith and her husband Dennis attended Wednesday’s meeting. The two left while the council was in executive session.
Asked for a comment by The 830 Times, Smith said, “I want to thank my friends and supporters for coming today.”
When the council returned from open session, it took action on the appointment of Assistant City Attorney Manuel Chavez as interim city manager, then adjourned.
After the council meeting, The 830 Times asked Gutierrez why she had made the motion to “proceed with the dismissal” of Smith during the Feb. 24 meeting.
Gutierrez read the following comment from a prepared statement:
“To our citizens: I am aware that many of you are asking for details, the why and whats of last week’s council actions, taken as a result of discussions in executive session.
“I can understand your frustration. However, personnel decisions were made, and that discussion cannot be disclosed as it is confidential, due to executive session rules and applicable laws.
“However, any outcomes or public actions were conducted in open session, as required by law.
“As the city moves forward on a different path, please know that I remain committed to you to continue to focus on major issues facing our city. Thank you.”
