Moving public comments to the front of last night’s Lakeway City Council agenda, council members heard from residents both supporting and denouncing recent actions of Mayor Joe Bain as well as requesting an investigation into his conduct.

In his April 28 online blog, Bain apologized for posting on Nextdoor.com under the pseudonym “John Smart” and for making statements regarding his position on items in the city’s May 6 election—including two open positions on the Lakeway City Council and Proposition 1 to fund a new police facility. He stated on the blog post that he closed the account.

 

Tiffany McMillan, a former Lakeway City Council candidate, addresses Mayor Joe Bain regarding posing as a fictitious Lakeway resident on Nextdoor.com.[/caption]

“Your malicious actions have hurt me and my family, damaged my reputation and likely had a significant impact on the May 6 election,” former Lakeway City Council candidate Tiffany McMillan said at the meeting. “As bad as that contempt is, equally as bad is that it appears as though nobody on City Council is holding you accountable.

“I am respectfully asking you to resign," she continued. "And, if you're unwilling to resign, I'm respectfully asking the Council to remove you from office.”

Resident Louis Mastrangelo also addressed Bain, admonishing the mayor for offering statements that were biased to the public. He also revealed results of an unofficial poll he took on Nextdoor.com, asking respondents whether they felt Bain should resign. Out of 194 votes, 37 respondents, or 19 percent, felt Bain should remain in office and 157 respondents, or 81 percent, said he should resign, according to Mastrangelo.

“The results, the feelings of your constituents, are clear,” Mastrangelo said to Bain. “How effective can you be going forward as mayor with this vote of no confidence? This will not go away. It is a stain on our community.”

He said he was unaware of any council members calling for an investigation into Bain’s actions nor “a comment from any council member condemning this behavior in any venue.”

Other residents, including Ann Neighbors, Joanne Anderson, Al Tyson and Bain’s wife, Nancy Bain, came out in support of the mayor.

“Joe made a mistake and he has apologized,” said Neighbors who recited Bain’s accomplishments in Lakeway, including negotiating the purchase of the Lakeway Airpark as well as serving on the city’s economic board, planning and zoning commission, building commission and City Council. “However, this one mistake should not undo all of the outstanding contributions he has made to the city. Joe Bain is one of those volunteers who believes in our city, volunteers his time and effort, and gives back to the city that has given so much to all of us.”

What happens next?

No action was taken on the matter during the meeting, and City Manager Steve Jones said City Council members cannot act to remove a sitting mayor nor will staff conduct an investigation into Bain’s actions.

“The comments tonight were essentially calling for two things,” Jones said. “One, for the council to do an investigation and, two, for them to remove the mayor from office. To address No. 2, they don’t have the authority to remove the mayor from office. That’s not provided for in the charter. Council does not have the authority to remove anyone from office.”

He said an investigation is not warranted in this instance as “there’s nothing to investigate because the mayor has admitted to what he did, so there’s nothing in question to investigate.”

However, Jones said the city’s charter does provide for a recall election of the mayor or city council members if a petition is filed requesting the recall and signed by 10 percent of the registered voters.

Currently, there are about 12,000 registered voters in Lakeway, and such a recall election would occur on the next uniform election day in either November or May, whichever comes first, he said. A simple majority vote would be needed to act and the city would bear the cost of the election, he said.

“If the election is successful and he is recalled, then the Mayor Pro Tem would take over and the council can appoint someone to fill an unfilled position or they can call a special election to fill that position,” Jones said.

Municipal Judge Kevin Madison (left) administers the oath of office to Lakeway City Council Members Bridge Bertram and Ron Massa.[/caption]

Incumbent council members take oath

Council Members Bridge Bertram and Ron Massa were sworn in by Lakeway Municipal Judge Kevin Madison during the meeting. Massa was unanimously approved as the city’s new mayor pro tem, replacing Council Member Dwight Haley.