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The Farmers Branch City Council took no action Saturday on an ethics complaint against District 1 council member Lupe Gonzalez after she requested that the matter be considered publicly rather than in executive session.
The council met July 11 to review the complaint, filed June 8, and an investigating attorney’s report. As Mayor Terry Lynne prepared to recess the council into closed session, Gonzalez asked for a public proceeding.
“I would like to do it publicly, though,” Gonzalez said.
City Attorney David Berman told Gonzalez she did not need to make a motion or receive approval from the council. Berman said state law allows a governmental body to discuss a complaint against a public officer in closed session unless the officer requests a public hearing.
“Our agenda tonight does not identify this as a public hearing,” Berman said.
He said the complaint likely would need to be rescheduled. Council members could still meet privately to receive legal advice, Berman said, but could not deliberate on the complaint during that session.
After the executive session, Lynne said the city would work to schedule a public hearing. He said the date would be determined later.
The investigating attorney’s conclusions were not disclosed during the open portion of the meeting, and the council made no finding on whether Gonzalez violated the city’s ethics code.
Council member Elizabeth Villafranca filed the complaint after an exchange with Gonzalez following the council’s June 2 meeting. Villafranca accused Gonzalez of using profanity and making a threat during the confrontation. Gonzalez has disputed that account.
The exchange followed a split vote on the council’s selection of a mayor pro tem. A motion-activated camera recorded about 10 seconds, showing Villafranca walking across the dais toward Gonzalez before the recording ended. The rest of the encounter was not captured.
The council voted June 23 to authorize an investigation of the complaint. Saturday’s agenda called for council members to consider the investigating attorney’s report and receive related legal advice.
Before the executive session, 16 people addressed the council during about 40 minutes of public comment. All either defended Gonzalez or urged the council to move past the dispute, with most emphasizing her work as a preschool teacher, PTA leader and longtime Farmers Branch resident.
Several speakers questioned whether the ethics process was being applied fairly. Others called on council members to improve their working relationships and return their attention to city business. Their comments focused primarily on Gonzalez’s character and community service rather than the allegations or evidence reviewed by the investigating attorney.
Jill Hayden, who said she has lived in Farmers Branch for 37 years and works with Gonzalez, asked council members to speak directly with one another.
“Please sit down together and talk to each other,” Hayden said. “Do the job we elected you to do.”
Neither Gonzalez nor Villafranca addressed the substance of the complaint during the open portion of the meeting.
Branch Herald previously reported on the documentation of the ethics complaint, Gonzalez's response and the attorney memo, which can be found here.
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