Council delays decision on Garcia’s seat

The apparent failure by a Cotulla city councilor to attend three consecutive monthly meetings has put into question whether he should be allowed to keep the seat to which he was elected.

The code governing councilor attendance specifies that failure to attend three or more consecutive meetings without being excused is tantamount to having vacated the seat and results in forfeiture.

Alejandro Garcia Jr., who holds Place 4 on the Cotulla City Council, did not attend meetings in October, November or December and stands to lose his seat, since those absences were not excused by a vote of the councilors present at each of those meetings.

Mayor Sandra Luna did not call for a vote at council meetings during those months to excuse any absences. There were no reasons given on the public record for Garcia’s absence, and councilors were not given an opportunity to decide whether to excuse him due to circumstances that would prevent him from attending or whether to list his absence as unexcused.

According to City Hall, Councilor Mary Koraleski specified at a meeting in 2024 that an ordinance covering meeting procedures include a requirement that councilors vote on any absences at the start of each regular monthly meeting. City Hall has also indicated Koraleski was supported unanimously in the motion. The issue did not, however, feature on the agenda as an item for discussion or vote during the latter months of the year.

Councilor Manuel Rodriguez asked Mayor Luna at the November meeting whether such a vote would take place and the mayor said she would not call for a vote on excusing Garcia’s absence.

City Hall has indicated that councilors who are unable to attend a meeting have notified the administration in advance, either by telephone, text message, or email, on or before the day of the meeting.

Garcia said last week that his employment commitments have prevented him from attending some of the regularly scheduled monthly meetings. He was in attendance at the meeting on Thursday, January 16.

Addressing the council at the start of last week’s meeting, local resident Billy Alvarado said he believes Garcia should be prevented from returning to his seat and that the councilor’s absence for three consecutive meetings represents having vacated the seat.

Alvarado said he believed allowing Garcia to return to his seat on Jan. 16 would make the meeting illegal.

“It’s not an illegal meeting,” City Attorney Steve Pena said.

“At no time did this council excuse those absences by vote, nor was it on record that he was out sick and therefore excused by a vote by council,” Alvarado wrote in a prepared statement in advance of the Jan. 16 meeting. “If this council now decides to try and back-date an excuse, you should be aware of Texas Penal Code Statute 37.10 on tampering with governmental records.”

Councilors held a closed-door discussion for an hour with the city attorney on three issues Jan. 16, among them attendance of meetings by public officers, but took no action related to Garcia’s tenure.

“Mayor, you and this council were elected to do a job, and not showing up gets people fired in other places,” Alvarado wrote in his prepared statement. “Holding employees accountable needs to be a priority in this city, no matter who you are.”

Atty. Pena said after last week’s meeting that holdover provisions permit Garcia to take a seat at the council table despite any unexcused absences.

“Ultimately, his fate will lie in the hands of the council,” the city attorney said. “Three unexcused absences mean vacating a seat, and effectively the seat is vacated, but he is allowed to attend as a holdover. The council will have to decide what step to take next.”

Garcia’s seat will be on the ballot in the May elections, as will the seats presently held by Gilbert Ayala (Place 3) and Manuel Rodriguez (Place 5). City Hall has not indicated whether Garcia will make a bid for re-election.