By Karen Gleason
The 830 Times
Del Rio City Council members did an about-face during their regular meeting Tuesday, first rescinding their previous termination of former City Attorney Ana Markowski Smith, then accepting her resignation.
The council took the action following a nearly two-hour executive session that had been moved to the middle of the council’s agenda at the request of Councilman J.P. Sanchez. Sanchez and Councilman Randy Quinones were the only two members of the council who did not vote to fire Smith at the council’s Feb. 24 meeting.
During the “Citizen Comments” portion of the agenda, council members again heard from several citizens who chastised them for firing Smith.
Following Tuesday’s closed-door executive session, the council returned to open session, and Mayor Al Arreola announced no action had been taken while the council was out of public view.
Arreola then announced the council would next consider a “public session action item: to take action regarding any matter discussed and considered in executive session, including the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the position of city attorney.”
At the Feb. 24 meeting during which she was initially fired, Smith had asked that any discussions of her employment be held in open session, but the only item in open session during that meeting was the vote to proceed with her dismissal.
After announcing the public session item Tuesday, Arreola asked Smith to step up to the podium.
Smith made the following statement:
“If you’ll remember, when I first interviewed for the job (of city attorney), I said that my goal was simple. I wanted to set up the office so the attorney who followed me could step into a stronger, more functional operation. If you’ll remember, I also told council that if they ever felt — if you ever felt — things weren’t working out, that I would step aside.
“The other thing I did, I committed to council that I would work for one year, and I gave you that one year. It’s a reminder that as public servants our job is not to focus on being proven right, and when it comes to politics, we get caught up in that. We’re right, we want this done, but sometimes what is right for us isn’t what’s right for the community, so our responsibility as public servants is to focus on what is best for the community.
“I can tell you sincerely that that has always guided my actions. I want to be clear about one thing, though, that this resignation is not because I don’t want my job. As I’ve told many of you several times, I love this job. I absolutely love this job, and this is a job I feel very comfortable in, and I almost feel like it’s my calling.
“What makes it easy is I love working with these intelligent, hard-working, dedicated people that most city council doesn’t know, doesn’t appreciate, doesn’t see what goes behind the scenes, but they work hard. They work hard, and most of them love their jobs, and most of them want to do it right. And sometimes they don’t get that opportunity because there’s no resources or because there’s no communication, but you have a good team, and there isn’t any reason the city can’t progress, succeed and get better.
“It really has been a privilege working with all of you all; you know who I’m talking about. I’m choosing to resign to maintain my good standing with the city. Obviously, a termination is not good standing with the city, and to leave the door open for possible future opportunities to serve. To serve the city of Del Rio is always going to be my goal, and as I tell people all the time, I truly believe that the city of Del Rio is the center of the universe.
“I need you to know that, in my opinion, the relationship wasn’t exactly the most perfect relationship because I believe I was never given the information needed to address concerns or correct a bad course, and for that reason, I cannot responsibly continue in a role where expectations are unclear. In this situation, the only principled choice is to step aside so the city can move forward.
“I don’t want to be a source of your conflict. I don’t want to be standing in the way of things that need to get done and that haven’t gotten done in the last few weeks, so with a broken heart, I am offering my resignation. I ask you to vote to accept it or reject it. I fully know this decision belongs to council alone, and you have the ability to make those kinds of decisions, and I’m okay with it, as long as it’s made openly and in accordance with the law.
“I will truly respect the decision you make when I walk away from here. I won’t consider any one of you an enemy, and if there’s something you ever need from me, I’ll be here for you.
“So the bottom line is, I am doing this for what I believe is the good of the city and to help bring stability back to our community, which is something we sorely need at this time. Thank you.”
After Smith finished speaking, Arreola asked for a motion. Mayor Pro-tem Jim DeReus made a motion to rescind the termination and accept the resignation letter and separation agreement negotiated between Denton Navarro attorneys, serving as the city’s interim attorneys, and Smith, effective Feb. 26.
Councilwoman Carmen Gutierrez seconded the motion, and the council again voted 5-2, with Sanchez and Quinones voting against it.
After the vote, Smith presented her formal resignation letter.
“I want you to know it has been an honor to serve this community, and I’m proud of the legal work I have accomplished during my tenure,” Smith said.
“However, the conditions necessary for effective representation have not been present. At no time has there been the level of communication from city council required to support the professional exchange essential to the role of the city attorney.
“In the absence of that communication, it is not possible to fulfill the ethical and professional duties of this office. I recognize that the acceptance of this resignation lies within the authority of the city council, and I will fully respect whichever action the council chooses to take.
“I remain committed to supporting a smooth transition and will assist as needed with the onboarding of the next city attorney. Again, thank you for giving me the opportunity to serve the city of Del Rio,” Smith said, to applause from supporters in attendance.
