By Karen Gleason
The 830 Times
A majority of Del Rio City Council members fired City Attorney Ana Markowski Smith and approved a “mutual separation agreement” with City Manager Shawna Burkhart during their regular meeting Tuesday.
Council members acted on the two positions following an executive session.
After the council returned to open session, Mayor Al Arreola announced the time and noted no action was taken while the council was
behind closed doors.
Arreola then said, “I think we have a motion for Item A on the (executive session) agenda. Carmen? Councilwoman Gutierrez?”
Gutierrez then asked City Secretary Maria “Mari” Acosta to read the heading of the agenda item:
“Executive Session on matters covered by Sec. 551.072 of the Texas Government Code – deliberations regarding the purchase, exchange, lease or value of real property if the deliberations in an open session would have a detrimental effect on the position of the governmental body in negotiations with a third person. The items that were discussed were valuation of city property, lease of the Chihuahua Center and county swap.”
Gutierrez said, “Mayor, I move to convey 3.0 acres located on Lewis and Rodriguez to Val Verde County as part of a former agreement and to give the city manager the authority to execute the deed.”
Councilman J.P. Sanchez gave the second, and the council voted unanimously to approve the motion.
The mayor then called for the council to take up Item 11B on the executive session agenda:
“Executive session on matters covered by Sec. 551.071(1)(A) of Chapter 551 of the Texas Government Code – consultation with city attorney regarding contemplated litigation – insurance claim denied by carrier and employee claim against the city.”
Mayor Pro-tem Jim DeReus said, “I’d like to direct Ms. Lorinda from our claims department to get with the claimant and work with TML (Texas Municipal League) and the claimant to pay the claim that’s been submitted.”
Councilwoman Ernestina “Tina” Martinez gave the second.
The council then voted unanimously to approve the motion.
Arreola then asked the council to move on to Item 8B on the agenda:
“R:2026-015 A Resolution of the City Council of the City of Del Rio, Texas, to authorize the city manager to reclassify the position of operations and compliance manager to operations and compliance director to align with the current organizational chart and to confirm the
appointment of Scot Carcasi as operations and compliance director.”
When Arreola called for a motion, Sanchez made a motion to approve the resolution, and DeReus gave the second.
Arreola asked if there were any questions or concerns, and when he heard none, he called for the vote. The council unanimously approved the motion.
Arreola then called for consideration of Item 11D:
“Executive session on matters covered by Sec. 551.074(1) – deliberation regarding the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee – Ana Markowski Smith, City Attorney.”
After Acosta read the heading of the item, Arreola said, “I think this is something that we need to discuss or do we want to proceed on this? Do I have a motion on discussion of anything?”
After a long moment of silence, Arreola began to speak, but Gutierrez said, “Mayor, I move to proceed with the dismissal of public officer or employee Ana Markowski Smith, effective tomorrow (Feb. 25).”
“Do I have a second?” Arreola asked.
After another long moment of silence, DeReus gave the second.
“Any comments, concerns?” Arreola asked.
Hearing none, Arreola called for the vote.
Gutierrez, DeReus, Arreola, Councilman Jesus Lopez Jr. and Councilwoman Ernestina “Tina” Martinez voted in favor of the motion to dismiss Smith, and Sanchez and Councilman Randy Quinones voted against it.
Arreola then said, “What was discussed in executive session, what was presented to us, do we have a motion to accept it?”
Acosta asked Arreola to which item on the agenda he was referring.
“Item (11) F,” Arreola replied.
Acosta read the heading:
“Executive session on matters covered by Sec. 551.074(1) – deliberations regarding the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee – Shawna D. Burkhart, City Manager.”
Arreola said, “Do I have a motion to accept what was discussed in executive session?”
DeReus said, “I will make a motion to accept Ms. Burkhart’s letter of resignation.”
When Arreola asked for an effective date, DeReus said, “Effective tomorrow (Feb. 25).”
When Arreola asked if there was “a second to accept the resignation,” Burkhart said, “It’s not a resignation. It’s a mutual separation agreement.”
Arreola again called for a second, and Gutierrez gave the second.
The council then voted unanimously to approve the motion.
The council took no further action, and Arreola adjourned the meeting at 11:41 p.m. Tuesday.
Smith’s appointment as city attorney was approved by the city council in June 2025.
The city council approved Burkhart’s appointment to the position of city manager in August 2024.
The writer can be reached at delriomagnoliafan@gmail.com
