Mayor Mark Allen and council members Randy Roberts, Jeff McGlothin and Robert Mahoney were the four dissenting votes.
What happened
According to Section 3.04 of the Cibolo City Charter, the mayor "shall not be entitled to vote as a member thereof, on legislative or other matters, except in case of a tie." Council members Joel Hicks, Katie Cunningham and Norma Sanchez-Stephens argued that the mayor could not vote, but the mayor said he could vote on all matters subject to the city attorney.
Following the motion and further discussion on whether the mayor could vote, the dais directed its city manager to hire a third-party attorney to review and interpret the city charter to see if the mayor is able to vote on matters related to the city attorney.
Some context
During an executive session Nov. 18, council met on an agenda for the “city attorney's appointment, employment, evaluation, reassignment, duties, discipline, dismissal, or to discuss a complaint or charge against the city attorney and/or address an RFP for legal services and/or appointment of an interim or new city attorney.”
Following the executive session, the dais voted in open session to provide the 30-day notice to end the contract, as previously reported by Community Impact. But council voted to reinstate city attorney George Hyde with Hyde Kelley LLP on Dec. 2, following the 30-day notice to end the contract.
In 2024, Hyde-Kelley performed services equaling 3,414 hours from Jan. 9 to Nov. 12 at no additional cost of the city. The city has only only paid the flat fee, alongside agreed-upon admin fees leading to a combined total of $440,325, city staff told Community Impact.
Through November 2024, the city’s payments to Hyde Kelley LLP—for litigation and special projects—is less than $110,000. For the fiscal year 2024-25 budget, $440,325 was budgeted for city attorney services and $240,000 for litigation and other special assignments, city staff said.
What the dais is saying
Council member Joel Hicks said he has issues with the amount of money they are spending with Hyde Kelley LLP.
"If you’re a true conservative, you can’t be in line with that and expect to go to your constituents and say yeah well I voted to keep him but you know I can’t really justify the $600,000 we’re spending," Hicks said.
Council member Katie Cunningham echoed a similar sentiment.
“Based on the financials alone, I believe that we need to move to a different attorney,” Cunningham said.
Other members of the dais—like Allen and Roberts—said the city has had multiple successes with Hyde.
"I think his advice has been solid. He's kept us out of trouble, and he's been stellar in my opinion," Roberts said.
