COPPERAS COVE - The days that Mayor Roger O’Dwyer has left in office could be numbered after the council voted 6-1 to have him disqualified from participating in city matters until allegations that he violated the city charter are resolved.

The vote came on the heels of a tense open executive session that involved the presentation of an investigation by San Antonio attorney Charles Zech from the law firm of Denton, Navarro, Rocha and Bernal.

O’Dwyer has been on the hot seat since last year when allegations began to surface that he’d given orders to then-City Manager Steve Alexander in an e-mail titled “Talking Points.”

In that e-mail, O’Dwyer laid out specifics on a number of issues, which included how city officials, including the police and fire department, should interact with the media.

Zech, who was paid by the city for this service without the consent of the city council, combed through more than 130 documents during his investigation, and listed what he called nine tangible acts of interference committed by O’Dwyer.

“There appears to be a fairly consistent pattern of interference by the mayor based on these documents,” Zech said.

According to that investigative report, O’Dwyer violated the city charter on at least nine occasions by giving numerous city leaders and city officials directives on various matters.

“Section 2.08 allows the city council as a whole to give direction to the city secretary, city judge, city attorney and city manager, but does not allow any individual council member to give that direction,” Zech read from his report. “This requires an action of the body in its entirety.”

O’Dwyer also violated the city charter when he presided over a council vote May 15 in which the council was to consider having him vacate his office.

According to the city charter, the council would have required five votes to oust O’Dwyer, but even with a 4-3 against him, O’Dwyer cast the tying vote and declared the motion dead.

“Nemo debet esse iudex in propria - No one ought to be judge in his own cause,” Zech said. “It was his belief that the charter provided him the authority to vote when it involved the mayor. In fact, the charter provides no expressed authority for the mayor to vote, if the vote involves the mayor.”

Meanwhile, O’Dwyer sat quietly during Zech’s presentation, but Councilman Larry Sheppard not only tried to question Zech about his report, but became angered at City Attorney James Thompson for using city money to hire him.

“This was not voted on by council,” Sheppard said. “We didn’t approve paying his fee. I think you got a problem, buddy. I think you need to pay that man out of your pocket.”

The council reconvened from executive session and shortly afterward, cast their 6-1 against O’Dwyer.

O’Dwyer, who appeared angered by the proceedings, referred to himself as the defendant and wanted to defend himself. Thompson said O’Dwyer would have a chance later to speak.

Meanwhile, Sheppard advised the council to consider looking at the action’s Thompson took in hiring Zech without approval.

“This was not approved by the city council for the city of Copperas Cove and I take great offense at what’s going on here,” Sheppard said. “We can’t take care of our flooding in the city of Copperas Cove, but we can spend money on a lawyer from San Antonio over something that don’t amount to a hill of beans.”

The council will convene March 11 to consider O’Dwyer’s future as the city’s mayor.

bkirk@temple-telegram.com