Bill Aleshire, an attorney representing the Freedom of Information Foundation of Texas, said the city might have acted improperly in their attempts to remove Mayor Roger O’Dwyer from office.
O’Dwyer was removed on a 6-1 vote based on a statement of charges alleging O’Dwyer repeatedly violated the city charter.
Prior to that vote, O’Dwyer’s attorney, Roy Barrett, revealed that Councilwoman Charlotte Heinze consulted with fellow council members Fred Harris, Ray Don Clayton and Mark Peterson, and City Attorney James Thompson by e-mail about finding ways to remove O’Dwyer and Councilman Larry Sheppard from office.
The Daily Telegram has requested from the city and its attorney copies of all e-mails between Heinze and other council members that were communicated after Sept. 11, 2007, when that e-mail was sent. The city has 10 days to respond to that request.
Aleshire said while the Heinze e-mail was not addressed to a quorum, there still may be a violation.
“A violation could occur in a series of communications,” Aleshire said.
Citing a 2000 attorney general’s opinion, Aleshire added, “avoiding the technical deliberation of a meeting or deliberation is not, therefore, a full proof insulator from the Open Meetings Act.”
Aleshire said the act of deliberating without actually having a meeting is often referred to as a walking quorum.
Scott Houston, director of legal services for the Texas Municipal League, wrote an article that appeared in the September 2007 issue that discouraged elected officials from talking about public business with other members of their elected body.
“… although it rarely happens, elected officials have been indicted for speaking outside of a posted meeting,” Houston wrote.
When contacted at his office, Houston said he was familiar with the issue in Copperas Cove, but declined to comment on the case.
O’Dwyer, who remained relatively quiet until his removal Tuesday, repeated his promise that he would not file a lawsuit against the city of Copperas Cove and burden the citizens further.
O’Dwyer, who declined to comment on whether or not he believed the Open Meetings Act had been violated, added that he is still discussing other options with his attorney.
