Councilmen Ray Don Clayton and Mark Peterson, Councilwoman Charlotte Heinze, who did not attend the meeting, and Mayor pro tem Robert Reeves were all named on the recall petitions submitted to city secretary Jane Lees by Diane Steele last month.
According to the city charter, a recall requires at least 750 verifiable signatures of registered voters.
That mark was surpassed with each of the council members receiving in excess of 760 verifiable signatures.
“The review of the petition is complete,” Mrs. Lees said as she read the affidavit that certified the signatures.
Upon receiving the results, Reeves thanked her and her staff for their hard work.
Later, Lees presented a resolution calling for an election for recall on Nov. 4 in conjunction with the special election for mayor. The voters will determine whether the four council members will remain in office.
Until then, the council is allowed to conduct business as usual.
James Thompson, city attorney for Copperas Cove who has advised the council on issues involving the city charter - specifically when it involved the removal of former Mayor Roger O’Dwyer from office - sought the advice of Austin attorney Patty Akers with the law firm of Bickerstaff, Heath, Acosta and Delgado.
In a letter dated Aug. 1, Thompson asked Akers whether the council, which is the subject of the petition, could legally call for the vote.
Akers answer was simple and to the point.
“The members of the city council, including those that are the subject of the recall petition, have a ministerial duty to vote to call the election,” Akers wrote.
There was no discussion as Councilman Willie Goode made the motion to approve the call the vote, which was seconded by Peterson.
The motion passed 4-1 with Clayton voting against the recall petition.
At the conclusion of the vote, Clayton challenged the recall with a statement to the council.
“I do not feel the reasonable cause to remove me from office is legal or valid,” Clayton said.
Meanwhile, O’Dwyer, who was removed from office in March for violating the city charter, demanded that he be returned to office and that Reeves step down from his council seat.
“The members of the city council, including those that are the subject of the recall petition, have a ministerial duty to restore me to the position of mayor,” O’Dwyer said.
Citing an opinion issued by the Texas Attorney General’s Office in 2003, O’Dwyer said his so-called restoration applies because he did not violate the laws of the state or the state’s constitution.
“We are not talking about a crime,” stated Bill Thomas, who followed O’Dwyer’s address to the council. “I don’t know anyone on this panel who has ever accused our former mayor of a crime. There was never a trial and there was not suppose to be a trial.”
Thomas, who was the first to publicly charge O”Dwyer with violating the charter, said the council had gone out of its way to be fair and that O’Dwyer’s continual claim that he hadn’t violated the law was deceptive.
“No one ever said you did,” Thomas said.
The council meets again on Aug. 19.
