Following an official report against a city employee alleging improper actions, as well as several complaints from Lakeway residents, Lakeway City Council has initiated steps to change its code enforcement ordinance and internal practices.

At the Nov. 19 City Council meeting, Lakeway City Manager Steve Jones said in October a code enforcement officer, responding to a complaint, drove to a residence to perform an inspection and determined that a permit was required for construction work taking place at the home.

The homeowner later applied for and received a permit, Jones said, but also filed a police report claiming that the city employee entered his home illegally while he was not home.

The Lakeway Police Department investigation, which started Oct. 26 and concluded Nov. 7, determined that the code enforcement officer did enter the residence without permission, but the resident declined to press charges.

In response to the incident, the city employee was suspended with pay during the investigation and suspended without pay following the conclusion of the investigation, Jones said.

“It has become apparent to me that the city needs to review and revise its ordinances, policies and procedures, and training regarding its city employees and officials entering private property, and we have initiated such a process to do that,” Jones said.

He added the committee involved in examining and possibly changing city policy includes himself, Assistant City Manager Julie Oakley, Police Chief Todd Radford, City Attorney Cobby Caputo and Code Enforcement Supervisor Omar Lopez.

Following Jones’ report, one Lakeway resident stated during public comment that the existing city policy violated the Fourth Amendment of the U.S. Constitution and Article 1, Section 9 of the Texas Constitution.

Lakeway resident Tom Kilgore also told council the city had no probable cause to enter the residence and urged officials to correct city policy immediately. Kilgore said through his political action committee he is collecting dozens of stories alleging similar actions from city employees and pointed to the fact that City Council now has an attorney, Laurie Higginbotham, among its ranks.

“What you don’t want to do is have the city face an organized class action lawsuit by a dozen or more aggrieved parties who are coming back at you seeking restitution for the fines, the excess permit costs and all of the revision of that,” Kilgore said.

Higginbotham, who was sworn in to office that evening, said she’d be happy to serve as a council liaison, as that would be beneficial to the city.

“There is enough that comes before us that warrants a pretty serious investigation, and I want to see to it that that happens,” Higginbotham said. “I think these are serious allegations. I want to make sure the investigation is thorough. I think we need to make some changes to the code, and I’d like to help do that.”

Higginbotham also encouraged residents, including those providing stories to Kilgore regarding improper entry of private residences by city employees, to file police reports.

“That’s the best way for them to get their case investigated,” she said. “No matter how small or insignificant. Just let them know that’s invited and welcome. We want that information.”

Council Member Louis Mastrangelo, who was also sworn in to council that evening, stated that there is never an appropriate time for a code enforcement officer to enter someone’s home without the owner’s permission, and that the only officials who should be allowed to get warrants to enter property are police officers.

Mayor Sandy Cox said she would like to take a deeper look at what calls for a permit, and cited examples of work done on private residences that seem too trivial to necessitate official city paperwork.

Jones said moving forward the committee will work on amendments to the city's ordinances and changes to its building code and other policies and procedures. He also said Higginbotham and possibly one other council member will be added to the committee.