Garcia keeps seat despite absences

Debate over whether Cotulla City Councilor Alejandro Garcia has vacated his seat by not attending three consecutive monthly meetings ended Thursday night, February 6, with a unanimous vote to “table indefinitely” any further action on the issue.

Garcia was in attendance at last week’s special council meeting and at a January meeting when councilors withdrew behind closed doors to discuss whether to declare the elected official’s seat vacant.

Under Texas law, a councilor who has three consecutive unexcused absences from regular meetings is subject to forfeiture of his seat, and Garcia was not present at monthly meetings in October, November and December.

Cotulla City Hall reported last month that councilors who are unable to attend meetings will notify an appropriate member of staff or the city administrator in advance of the meeting. In the past, councilors are given the opportunity at roll call during their meetings to vote whether to excuse the absence or list it as unexcused.

Mayor Sandra Luna did not call for such a vote at the meetings from which Councilor Garcia was absent.

Councilor Manuel Rodriguez asked the mayor at one meeting whether the council would record a vote on Garcia’s absence, to which Mayor Luna replied “I’m not going to do that.”

Luna contended last week that she had meant she would not vote to excuse Garcia, not that she would dismiss calling for a vote.

A public forum for Councilor Garcia to address elected officials and the public regarding his absences was scheduled for Thursday night, but Garcia declined to comment.

“I have already addressed councilors in closed session,” Garcia said. “I have no further statement.”

Garcia said in January that his work schedule has prevented him from attending some meetings.

“Mayor, you said ‘No’ when we had roll call in October,” Councilor Rodriguez said at last week’s special meeting.

“I heard you ask for that,” Councilor Trish Garcia said.

“Roll call was called,” the mayor said. “What you asked me to do was excuse Councilor Garcia. I said I’m not.”

“We are not doing that any more,” Councilor Rodriguez said.

“The law says each council has to do the right thing,” Mayor Luna contended. “As mayor, it is not my responsibility to excuse a councilor. I did not call for the vote.”

“For the past twenty years or more, when a councilor is absent, a city official will be notified,” Councilor Gilbert Ayala said. “They bring it to the table. We make a motion to excuse or not to excuse.”

“Where we are heading is policing the city,” Mayor Luna said. “That’s what the law says. I have spent a lot of study time on this. I was clear on the law. The law states that a councilor who has been absent three or more consecutive times vacates the seat.

“Those who have been absent have notified us,” the mayor said. “I understand that was in the past. I have to stick by the letter of the law. I was not put here to continue the status quo.”

“If we are going to change something, put it in black and white,” Councilor Ayala said.

“This is ridiculous,” Councilor Mary Koraleski said. “We did not follow procedure.”

Koraleski made three motions that the council table indefinitely the items related to Garcia’s absence on the agenda for last week’s special meeting, including any declaration of the councilor’s seat as vacant. She was seconded by Councilors Rodriguez and Trish Garcia on each.

Alejandro Garcia’s seat at the council table is one of two that will be on the ballot at the close of the present elected terms Saturday, May 3. Councilor Ayala’s term also ends this year. City Hall has yet to publish a list of those who have filed as candidates for election.