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Temporary restraining order accuses Donna city council members of violating open meetings law

Temporary restraining order accuses Donna city council members of violating open meetings law
2 weeks 3 days 15 hours ago Monday, August 26 2024 Aug 26, 2024 August 26, 2024 7:03 PM August 26, 2024 in News - Local

A special city council meeting in Donna was cut short on Monday after two commissioners were served with temporary restraining orders.

The temporary restraining order was filed against Donna place three and four council members Ernesto Lugo and Oscar Gonzales.

READ THE TRO HERE

The agenda meeting items included discussions and possible actions to replace current Donna City Manager Carlos Yerena, and Donna City Attorney Robert Salinas. 

“I am familiar with the documents,” Salinas said during the meeting. “It's a temporary restraining order that is restraining this honorable commission from proceeding any further with any matters on the agenda."

The TRO was filed by Salinas and Donna Mayor David Moreno. It blocks Lugo and Gonzales from voting on the items that were set to be discussed in Monday’s meeting.

“It's a shocker,” Lugo told Channel 5 News after he was served. “I wish someone would have given us a heads-up, we are not prepared. We will have to look at this, I don't know what this is all about."

According to the court documents, Lugo, Gonzales and a third city commissioner held an informal meeting and allegedly talked about the termination of the city manager and city attorney. 

In an affidavit, Moreno claims the third council member in that meeting — Jesse Jackson — informed him about the meeting. 

Since the meeting was held behind closed doors and the public was not notified, the court documents say the informal meeting is a violation of the Texas Open Meetings Act.

“I don't feel good about it, it's always about transparency, so it needs to be brought up to all of us,” Moreno said. “For too long it's been going on that personal interest are put above community interest, and no. Not here. Not under my watch."

Salinas referred all questions to his attorney, Jay Peña.

“When those decisions are made behind closed doors in violation of the Texas Open Meetings Act, I think it's safe to say there is a presumption that they can be negative, and not in the best interest of the community,” Peña said.

A hearing on the TRO is set for Monday, September 9. It is set to expire within 14 days of it being issued. 

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