What we know
According to information from the Montgomery County Attorney’s Office, Coon reached out in a letter to County Attorney B.D. Griffin on Feb. 25 to author the request to the AG’s office.
In Coon’s letter, he said his believes that since the mayor’s position is not a normal voting position on City Council, it should also not be counted when it comes to determining a quorum under the TOMA.
“It has been stated from the dias in an open meeting by some of our council members that provisions within the city of Conroe’s charter allow them, a voting majority (3 of 5 voting council members, mayor does not vote but only for a tie) of the City Council, to discuss city business outside of a properly posted public meeting, raising concerns about compliance with state law,” Coon said in the letter.
However, Conroe City Attorney Mike Garner filed a memorandum Feb. 28 to the city and the county attorney’s office, opposing Coon’s request.
“Incorrectly holding that three councilmen creates a quorum and, therefore, the three cannot lawfully meet and discuss matters of public business eviscerates the Councilman’s Charter established authority to consider the need and then call for a special meeting to address matters of great public concern to those three councilmen, which amounts to good government," Garner said in the memorandum.
Some context
Conroe City Council members discussed the mayor’s letter to Paxton during their workshop meeting March 12, raising concerns about transparency.
Some council members, including Shana Arthur, Marsha Porter and David Hairel, were concerned the letter—which asked for clarification on quorum rules—wasn’t discussed with City Council first and believe it should have been reviewed by the council before submission.
“There seems to be a letter that went out, and it's from the city of Conroe and I did not agree to that,” council member Shana Arthur said in the meeting. “I don't want my name on there, because I didn't agree to the change of the charter when it wasn't discussed here or back in executive session. So, I'm not too sure what the loophole is.”
The letter was sent using the mayor and city's masthead with Coon’s signature, Coon said in the meeting.
“I don't want to debate the merits of whether or not I can write a letter to the attorney general without your approval, but certainly I discussed it with Mike Garner, and he explained to me a path I needed to take to certainly do that again. I followed all the protocols,” Coon said. “My apologies. You don't agree, maybe, with it being sent to the AG. But in many regards, I was a little bit handcuffed here.”
Arthur asked to place an item on the next meeting's agenda to understand why the letter was sent. At that time, City Council will also discuss the response from Paxton, Coon said.
Quotes of note
Council member Harry Hardman said he didn't have a statement and will be interested in how the attorney general weighs in on the issue. However, other council members provided comments to Community Impact.
- “The charter states that two-thirds of the council and mayor [make a quorum], so two-thirds of six is four. So that's a quorum,” Porter said in an interview.
- “Our charter has been in place for 120 years. It states that a quorum is two-thirds of City Council plus the mayor. We have five City Council members and a mayor for a total of six. Two-thirds of six is four so any three members can meet without breaking a quorum,” Arthur said in a statement. “Unfortunately this letter was sent to the attorney general without my knowledge, and I don’t understand the basis for it or what we’re trying to accomplish.”
- “Three same yes or no votes on Conroe council enact change or policy. City charter currently allows three elected officials to meet and discuss city business outside of a public meeting. If those three members direct staff to take action without public input and discussion from other city elected officials openly, based on my interpretation of state TOMA guidelines, I am very concerned,” council member Howard Wood said in a statement. “I met with our county attorney last month. ... We need to ensure our city charter correctly reflects state law. I fully support ensuring city charter and business is done ethically, open and lawfully. There is zero harm in checking into it.”
- “It’s very clear, and it has been in our city charter. ... It takes four people to have a quorum. There’s no question about that. That’s very clear, and it’s very simple math and very simple English. So if there’s a question there, what is the question?” Hairel said in an interview.
What’s next?
Griffin officially filed the opinion request with Paxton’s office on March 3.
“The issues presented here and upon which the Montgomery County attorney requests an opinion are important issues to the community and are arising frequently,” Griffin wrote in the request. “[Paxton's] opinion on this matter will greatly aid the city of Conroe and the residents of Montgomery County.”
