Fogley fumbles recusal attempt

It is a given that the Kyle City Council does not follow Robert’s Rules of Order or any other accepted parliamentary procedures, but there are certain ethical guidelines that are so tantamount to good government, they must be obeyed. Every single person who serves on a city council or a city board/commission/committee in Kyle should know how to recuse themselves so as to avoid any hint of conflict of interest.

Now different municipalities have different procedures for initiating the recusal process. For the sake of example, let’s use a member of a city council as our subject here because the situation I’m talking about involved a neophyte city council member, Damon Fogley, at last Tuesday’s city council meeting. Normally what happens in situations like this is council members will prepare somewhat before they come to council meetings. They will have at least carefully read the council’s agenda and, thus, will be aware of any item which may pose a conflict of interest before the meeting even starts. I don’t know the exact procedure here in Kyle, but in the civilized world of municipal government, a council person wishing to be recused because a particular agenda item may pose a potential conflict will file a signed affidavit noting that possible conflict with the city secretary, who will then notify the council’s presiding officer just prior to the commencement of that meeting.

The key here is "preparation," a council member actually studying the agenda somewhat a day or two, or even an hour or two, prior to the start of the council meeting. I am not sure that every member of the Kyle City Council takes any time preparing for these meetings.

However it’s handled, there are certain rules that apply in all situations of recusal. The presiding officer must know of a council person’s recusal intent before the agenda item comes up for discussion. And the council member who has been recused must physically leave the chamber where the item is being discussed and voted upon. Fogley did neither Tuesday.

The item in question was a rezoning issue to allow a convenience store/gas station type use on a 1.75 acres that was zoned single family residential. at 2050 E. RR 150. Instead of saying anything ahead of time, Fogley sat through the entire discussion of the item and, just as the vote was about to be taken, asked to be recused. But then, instead of getting up and leaving the chamber as is required in any recusal motion, even one as illegal as Fogley’s was, he just sat there like the Say-No-Evil monkey and simply didn’t cast a vote. Not voting or abstaining from voting on an item is not the same thing as a recusal. The item passed 5-0.

Now I’m not going to put the entire blame for this foolishness on Fogley. Just as much responsibility for this inexcusable behavior needs to be shared with city staff. And there is a very simple way to guard against having our city leaders acting like idiots in the future. Between the time a person is elected for the first time to the city council and that person is sworn in, the staff, led the city attorney, must conduct some form of orientation program for these individuals so that they are aware of the basic rules of Robert’s as well as the reasons to recuse oneself and the proper procedure for a recusal. Staff should conduct the same program for all new members to city boards and commissions as well. If handled correctly, such an orientation class could be held in under an hour.

In other action Tuesday night, the council:

• Seemed receptive the idea presented by an organization called Appa Aguilas to form a soccer program in Kyle, especially if that meant Appa Aguilas was going to relieve the city of the responsibility of maintaining Waterleaf Park.
• Reappointed Mike Wilson, Irene Melendez and Timothy Kay to the Planning & Zoning Commission and appointed former city council candidate Dex Ellison to the commission to replace retiring commissioner Dan Ryan.
• Denied a request to permit overhead electrical service along Bebee Road.
• Approved 5-1 (CM Diane Hervol cast the lone dissenting vote and CM Daphne Tenorio had an excused absence due to illness) a zoning request that will allow the construction of a pair of warehouses on Lehman Road near RR 150.
• Unanimously approved a zoning request to permit the construction 82 rental duplexes directly behind these warehouses.
• In one of the quickest annexation moves on record, the council voted 5-0 (CM Becky Selbera left the meeting without announcing why just prior to discussing this item) to annex the 135.78 acres where David Weekley Homes and Scott Felder Homes are planning a subdivision immediately west of Hometown Kyle. The entire discussion on this issue and the vote consumed less than two minutes of the council’s time. Moments later, the council allowed 2.681 acres of this property to be rezoned so it could be used for retail services right at the intersection of North Old Stagecoach and Cypress roads.
• Discussed the possibility of installing up to three stop signs in the Waterleaf subdivision in an attempt to slow drivers who are apparently racing through the streets of this area at speeds close to 40 miles an hour.
• Heard that, although construction has begun on the Marketplace-to-Burleson road project, the official groundbreaking ceremonies will take place Wednesday, Oct. 7, at 9:30 a.m.
• Was reminded that the council’s first meeting in October will be on the first Wednesday of the month, not the usual first Tuesday, because that Tuesday is National Night Out in Texas and Florida.
• Was informed by City Manager Scott Sellers that Stage 2 water restrictions were returning because (1) water consumption in Kyle was 33 percent greater this year than last and (2) the Barton Springs Pool of the Edwards Aquifer is "steadily dropping" and the San Antonio Pool of the Edwards is in Stage 2.