Supporters of Roger O’Dwyer threatened a recall of the entire city council.
O’Dwyer has been under fire from the council, who accused him of violating the city charter.
The charges came in the wake of an investigation launched by City Attorney James Thompson and prepared by San Antonio attorney Charles Zech.
Zech, a legal expert on home-rule charters, researched more than 130 documents provided by Thompson and concluded that O’Dwyer had committed nine tangible violations of the city charter by giving orders or direction to city officials.
But Thompson brought no witnesses to Wednesday’s hearing, relying instead on Zech’s documents.
“I said I’d have witnesses here in support of these allegations,” Thompson said. “However, I thought about it and these witnesses are the ones who wrote the memorandums that you have before you. I’m not going to call those witnesses. I’m not going to bring witnesses here to testify about something you already know about.”
Instead, O’Dwyer’s defense attorneys, Roy Barret and Michael Scane, called on the people from Thompson’s witness list.
Those witnesses included Copperas Cove Fire Chief Dennis Haas, Deputy Chief Robert O’Dell and Police Chief Tim Molnes, who all said Wednesday that O’Dwyer never ordered them or instructed them to do anything.
City Secretary Jane Lees, who was also listed in the statement of charges, apparently kept a 14-page journal on issues she had with O’Dwyer.
Lees said she began keeping the journal entries herself and was venting when she wrote her concerns about O’Dwyer, whom she said she personally liked.
But it was O’Dwyer himself who provided some of the most compelling testimony, which he was able to support with the same evidence brought against him.
O’Dwyer read from memorandums offered as evidence by Thompson that said the mayor was offering his opinion, not issuing orders to city officials.
After the council convened in an executive session for 20 minutes before emerging to discuss O’Dwyer’s fate and take their vote, City Councilman Larry Sheppard - O’Dwyer’s lone ally on the council - echoed the sentiments of the nearly 150 people who came out in support of O’Dwyer.
“He’s hasn’t done a thing wrong,” Sheppard said.
Defense attonrey Barrett said, “I think the citizens of Copperas Cove lost a good mayor today, or at least the council took the first step. They are kicking a good man out of office, based on charges that don’t amount to a hill of beans. There is no proof that he did anything wrong or anything that interfered with government or the business of the government.”
The next step involves a council vote at its next scheduled meeting to decide whether or not to vacate the office of mayor.
After the hearing O’Dwyer’s team gathered their files, as more supporters came to shake O’Dwyer’s hand.
Bill Waltz, a Fort Hood contractor, took the day off to see his government in action, and support O’Dwyer.
“This is so ridiculous,” said Waltz, who called the proceedings a waste of taxpayer money and time. “If I didn’t see it, I honestly don’t know if I could ever believe it.”
Jim Kennedy, who’d sat in chambers all day, was saddened by the actions taken by the council.
“This is a disgrace to this city,” Kennedy said. “He is a good man.”
Lampassas resident Kathy Davis said she would organize a recall petition to have the council, with the exception of Sheppard, removed.
“They are supposed to represent us and there is no representation,” she said.
While a recall could be in the city’s future, so may a civil lawsuit.
Barrett, who indicated during the day that more legal action was possible, declined to speculate on the possibility of a civil suit against the city.
“It’s been along hard day. We’ll decide the next move later,” Barrett said.
bkirk@temple-telegram.com
