A local citizen challenged the Bastrop City Council during their regular meeting Tuesday on granting exceptions to a city ordinance concerning appointments to boards and committees.

G.A. Lewis questioned the council about the propriety of appointments by Mayor Terry Orr in early June – and the council’s confirmation vote – of citizens who serve on more than one city commission, board or committee.

Orr told Lewis he could only address the council on “policy questions” when it came to his remarks and not cite any names during his discussion.

Although Lewis adhered to those requirements at the meeting, on Friday he told The Advertiser he was referencing the appointment of local building designer Dan Hays-Clark, who serves on both the Historic Landmark Commission and was reappointed by Orr to the Board of Adjustments in June.

“I went to the council meeting to speak about my concerns about Dan Hays-Clark,” Lewis said.

In a letter to the editor in the Aug. 21 edition of The Advertiser, and again at the council meeting, Lewis said the council should adhere to its ordinance, contained in Article 1.04.001, that states an individual can serve on only one board or commission. (The one exception is service to the Planning and Zoning Commission, for which a member of that may also serve on a second committee or board).

“It’s an ordinance, you should abide by it,” Lewis told the council.

Council member Julie Hart was the sole vote against Hays-Clark’s reappointment in June, agreeing that council should adhere to the ordinance.

At the Tuesday meeting Lewis advised the council that they should also consider the “frequent recusals” by a person serving on a committee were problematic.

“How many times should a recusal occur before it detracts from service on a board?” Lewis asked the council. He also said the council should establish a code of ethics.

He said that “domestic partners” serving on committees together is improper.

“I would agree,” Hart said.

On firm legal ground

Although city attorney J.C. Brown did not address Lewis during the Tuesday council session, on Thursday she said the council’s ability to grant exceptions to ordinances is well established.

Brown said a legislative body’s “plenary power” gives them the power to make ordinances, “which includes the power to change, vary, waive or void them. That precedent is part of American jurisprudence, which also comes from British jurisprudence.”

“Almost every council agenda has ordinances that come up for requests for variances that are often granted,” Brown added.

She said the city of Bastrop does not have its own a code of ethics.

“But any conflicts of interest would be addressed either through the city charter or state law,” Brown said.

Asked if either she or the city officials are currently investigating whether anybody serving on volunteer boards, committees or commissions has a conflict of interest, Brown declined comment beyond saying “confidentiality” prevented her from answering that question.

At then end of Lewis’ presentation, Orr said, “We have a large number of very old ordinances, some that are probably outdated.”
However, the said he stood by Brown’s advice that the city is on firm legal ground when it comes to varying ordinances.

On Friday, after Lewis was informed of Brown’s statements, he said he did not deny that cities can vary ordinances.

“But the Bastrop council circumvented the law with a voice vote; they should go through a more formalized process, otherwise what’s the purpose of having any ordinance?”