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The Farmers Branch City Council dismissed an ethics complaint against Councilmember Elizabeth Villafranca on Sept. 29, then voted to seek legal advice in a future executive session about possible disciplinary action involving her.
“So if we moved to dismiss it, and everybody voted to dismiss it, why would there be another agenda item?” Villafranca asked.
The actions came during a special called meeting in which the council considered two ethics complaints in executive session. One, filed Aug. 10, alleged a violation of the city’s code of ethics by the District 4 councilmember. The other, filed Aug. 24, was against an appointee to the board of directors of the Farmers Branch Local Government Corporation.
After returning to open session, councilmembers dismissed both complaints.
Councilmember David Reid then moved to schedule another executive session to seek legal advice about possible disciplinary action involving Villafranca.
“I’d like to request and move that we conduct an executive session on next week’s agenda under 551.071 of the government code to seek legal advice from the city attorney relating to disciplinary action involving council member from District 4,” Reid said.
Councilmember Tina Bennett-Burton seconded the motion.
Reid said the proposed discussion was separate from the complaint the council had just dismissed.
“It’s separate from the ethics complaint,” he said.
Councilmember Roger Neal questioned why the proposed discussion was limited to District 4.
“Why District 4, or why not District 5, or District 2?” Neal asked.
Villafranca said she wanted any proceeding involving possible discipline against her to be conducted publicly.
“With all due respect, I’d like this to be an open hearing,” she said. “The residents deserve to know what is going on.”
Villafranca also characterized the proposed discussion as “yet another fishing expedition.”
City Attorney David Berman cautioned against publicly discussing details of a potential executive session that could involve attorney-client privilege.
“I don’t think it’s a good idea for us to talk about what we might be talking about during a closed executive session that is subject to the attorney client privilege,” Berman said.
A procedural dispute followed over whether Reid’s motion could be considered after the complaint had been dismissed.
Berman said the posted agenda was broad enough to permit Reid’s motion if it resulted from matters discussed in executive session. He also said council members may discuss placing an item on a future agenda without separately posting that discussion.
After additional discussion, Mayor Terry Lynne called for a vote on Reid’s motion. It passed.
The council took no disciplinary action against Villafranca on Sept. 29, and councilmembers did not publicly identify what conduct, separate from the dismissed ethics complaint, might warrant such action.
Reid’s motion called for the executive session to be placed on the following week’s agenda. However, the regularly scheduled Oct. 7 council meeting was canceled shortly after the Sept. 29 special called meeting.
The next City Council meeting is scheduled for 6 p.m. Oct. 20.
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