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The Farmers Branch City Council voted 3-1 on Oct. 20 to release forensic reports on disputed audio and video recordings tied to possible disciplinary action against Councilmember Elizabeth Villafranca.
The reports concern recordings examined after earlier ethics complaints involving Villafranca and Councilmember Lupe Gonzalez. The complaints followed a confrontation after the June 2 council meeting.
The council dismissed the complaints against Villafranca Sept. 29. Gonzalez maintained that the allegations could still be considered under the city charter. Villafranca questioned whether the council could proceed without a new written complaint.
Councilmembers Tina Bennett-Burton, Gonzalez and David Reid voted to release the reports. Villafranca opposed the motion, and Roger Neal abstained.
The Oct. 20 discussion began under an agenda item seeking legal advice about possible disciplinary action against Villafranca, who represents District 4. She had requested that any discussion of her possible discipline take place publicly. The council later addressed the matter in open session.
Gonzalez proposed releasing reports from an independent forensic examination. Her initial motion also sought permission to discuss matters previously addressed in executive session. After councilmembers questioned the scope of her request, she limited it to the reports.
The city hired an expert to examine an audio recording played during an earlier public hearing and video footage from the council chamber. The examination focused on whether the recordings had been altered.
Gonzalez said the public should be able to review the findings and understand the information councilmembers had considered.
Dean James Roggia, the attorney representing the city, said the reports had been marked confidential. City staff could not release them without council authorization.
"But as a governing body, if you desire, you could release it," Roggia said.
The final motion authorized the release of the forensic examination reports. It did not include the recordings themselves or records from other investigations.
Councilmembers also questioned the source of the audio recording.
Gonzalez said someone had emailed the recording to her council account. After questions from Villafranca and Neal, she located the message and read the sender's email address aloud.
She said the subject line accused Villafranca of lying. The email included an audio recording.
Gonzalez said she did not know who sent it. The discussion did not establish who created the recording or whether it had been altered before reaching the city.
Neal questioned whether material from an unidentified source could be trusted in a future disciplinary proceeding.
"I just can't go for support of an anonymous piece of evidence," Neal said.
Neal said he did not oppose releasing the reports. His concern was whether the material might later be used to support allegations against Villafranca.
Villafranca also questioned the accuracy of materials presented during earlier proceedings. She disputed whether the audio and its transcript accurately reflected what had been said.
City officials said the audio received by the city and video materials in its possession had been submitted for independent examination. The review included a transcript prepared from the audio.
Several councilmembers said the examination showed that the recordings had not been edited. The reports were not read into the record during the meeting, so their findings could not be independently assessed from the discussion.
Gonzalez said councilmembers had followed the previous city attorney's guidance. Villafranca questioned why disciplinary action was being discussed without a formal complaint identifying the charter provision she had allegedly violated.
Villafranca's attorney argued that any new disciplinary proceeding required a written complaint, notice of the allegations and an opportunity for her to respond.
"If there is evidence and other materials you believe support a violation under the charter, then go through the proper procedure, make the complaint, cite the specific provision, but attach that evidence," he said.
Roggia confirmed that a written charge would be needed to pursue a complaint under the city's ethics provisions or charter.
"Two separate issues that are being conflated into one," Roggia said, distinguishing the release of public information from disciplinary proceedings.
Reid said the advice differed from what councilmembers believed they had previously received. He suggested voting on the reports before deciding whether to pursue further action.
Mayor Terry Lynne also questioned the absence of a formal charge. Villafranca's attorney warned that proceeding without following the charter's requirements could raise due process concerns.
After nearly an hour of public discussion, the council approved releasing the reports. Lynne then declared the agenda item concluded.
No disciplinary action was taken against Villafranca. The council made no finding that she violated the city's ethics code or charter.
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