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HomeMy WebLinkAboutResolution 2025-021 RESOLUTION NO. 2025-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, PUBLICLY REPRIMANDING COUNCILMEMBER PLACE 5, BLAKE VAUGHN FOR VIOLATIONS OF RULES OF PROCEDURE AND HOUSE RULES; REMOVING COUNCILMEMBER PLACE 5, BLAKE VAUGHN AS DEPUTY MAYOR PRO TEM; DECLARING THAT COUNCILMEMBER PLACE 5, BLAKE VAUGHN HAS NO AGENCY ON BEHALF OF THE CITY OR THE CITY COUNCIL; FINDING NO WRONGDOING BY THE CITY MANAGER; ORDERING THAT NO INVESTIGATION BE MADE OF THE CITY MANAGER; PROVIDING DIRECTION TO THE CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the City Council has adopted certain Rules of Procedure that govern its operations in Division 2, Article II, Chapter 2, of the Code of Ordinances, North Richland Hills, Texas; and WHEREAS, the City Council has reviewed and discussed certain House Rules to govern the actions of the City Council; and WHEREAS, the Rules of Procedure and the House Rules are intended to enable the City Council to carry out the business of the City in an orderly and dignified manner; and WHEREAS, the City Council has reviewed the actions of Councilmember Place 5, Blake Vaughn in the public meeting of the City Council on March 24, 2025; and WHEREAS, the City Council has determined that the actions of Councilmember Place 5, Blake Vaughn in said meeting were in violation of the Rules of Procedure and the House Rules of the City Council and deserving of reprimand to restore the order and dignity of the City Council; and WHEREAS, the City Council desires to publicly reprimand Councilmember Place 5, Blake Vaughn for his actions in violation of the Rules of Procedure and House Rules of the City Council; and WHEREAS, the City Council calls on Councilmember Place 5, Blake Vaughn to conduct himself in accordance with the Rules of Procedure and House Rules in all future public meetings of the City Council; and Resolution No.2025-021 Page 1 of 7 WHEREAS, the North Richland Hills City Charter (the "Charter") establishes certain powers and duties of the City Council; and WHEREAS, Section 3, Article VI of the Charter provides, in part, that one duty of the City Council is to inquire into the conduct of any office, department, or agency of the City and make investigation as to municipal affairs; and WHEREAS, this Section 3 of the Charter establishes and reserves the authority for any such investigation to the City Council as a body, not to individual councilmembers; and WHEREAS, the City Council finds that Councilmember Place 5, Blake Vaughn has represented to the public that he is investigating the City Manager; and WHEREAS, the City Council has not ordered and does not find the need for any investigation of the City Manager; and WHEREAS, a single Councilmember does not have authority to act on his own, but the City Council must act as a body; and WHEREAS, the City Council desires to make clear that any investigation being performed by Councilmember Place 5, Blake Vaughn is being performed in his individual capacity, not his official capacity as a Councilmember; and WHEREAS, the City Council desires to make it known publicly that Councilmember Place 5, Blake Vaughn is not speaking or acting with agency on behalf of the City or the City Council with regard to any investigations; and WHEREAS, an investigation uses vital resources of the City and costs the City time and money in the form of staff time and other resources; and WHEREAS, the City Council calls on Councilmember Place 5, Blake Vaughn to immediately stop any independent investigation being pursued without authorization of the City Council to avoid the waste of additional City resources; and WHEREAS, the City Council has a practice of discussing and handling personnel matters in executive session to protect the privacy and integrity of City officers and employees; and Resolution No.2025-021 Page 2 of 7 WHEREAS, the actions of Councilmember Place 5, Blake Vaughn discussing the personnel matter related to the City Manager in public on social media is in violation of this practice; and WHEREAS, such comments of Councilmember Place 5, Blake Vaughn are in direction opposition to the decision and the position of the City Council as a body; and WHEREAS, the City Council desires to make it clear that Councilmember Place 5, Blake Vaughn is not speaking or acting with agency on behalf of the City or the City Council on these issues; and WHEREAS, Councilmember Place 5, Blake Vaughn was duly appointed by the City Council to serve as Deputy Mayor Pro Tem; and WHEREAS, the City Council believes that the title of Deputy Mayor Pro Tern could lead the public to give more credence to Councilmember Place 5, Blake Vaughn's actions and could lead the public to believe that Councilmember Place 5, Blake Vaughn speaks with agency on behalf of the City or the City Council on these issues; and WHEREAS, in order to reduce the possibility for confusion, the City Council desires to remove Councilmember Place 5, Blake Vaughn as Deputy Mayor Pro Tern, effective immediately; and WHEREAS, the City Council's practice is to hold discussions regarding the City Manager's performance in executive session in order to protect the privacy, integrity, and effectiveness of the City Manager as the administrative leader of the City, yet the actions of Councilmember Place 5, Blake Vaughn have made it necessary for the City Council to publicly address this issue; and WHEREAS, the City Council has discussed and reviewed in executive session the actions of the City Manager with regard to the FlashVote survey regarding carports; and WHEREAS, the City Council has reviewed the video of the City Council's work session on January 27, 2025, and the City Council has discussed their own personal recollection of the events that transpired in said public meeting; and WHEREAS, the only Councilmember that requested to review the questions for the FlashVote survey was Councilmember Place 5, Blake Vaughn; and Resolution No.2025-021 Page 3 of 7 WHEREAS, the City Council unanimously, with the exception of Councilmember Place 5, Blake Vaughn, believes that there was not a consensus of the City Council to request the City Manager bring the questions for the FlashVote survey on carports to the City Council for review and approval; and WHEREAS, the City Council finds that the City Manager acted in accordance with the direction of the City Council; and WHEREAS, the City Council finds that there was no malfeasance on the part of the City Manager; and WHEREAS, the City Council finds that the City Manager handled herself with integrity and truthfulness throughout this process; and WHEREAS, the City Council desires to make it known that Councilmember Place 5, Blake Vaughn does not speak or act with agency for the City or the City Council on the issues related to the Flashvote survey on carports, the City Manager's actions in relation to same, and the City Council's direction in relation to same; and WHEREAS, the City Council approved and entered into that certain Agreement for Legal Services with the law firm of Taylor, Olson, Adkins, Sralla & Elam, L.L.P. and appointed Bradley A. Anderle as City Attorney, effective October 1, 2024; and WHEREAS, pursuant to said Agreement for Legal Services, the City Council appointed the City Manager and the Mayor as City representatives in dealing with the City Attorney; and WHEREAS, the City representatives were established for the purpose of limiting and controlling legal expenses for the City; and WHEREAS, the City Council reserves the right under said Agreement for Legal Services to clarify direction to the City Attorney as a body; and WHEREAS, the City Council finds that errant or unnecessary requests for legal services can cause the City to incur significant costs that may not be beneficial to the City; and WHEREAS, the City Council desires to provide clear direction to the City Attorney that proper requests for legal services should come solely from the City Manager or the Mayor unless clear direction is given from the City Council as a body. Resolution No.2025-021 Page 4 of 7 • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The findings and recitals above are found to be true and accurate and are incorporated herein and adopted as the findings and statements of the City Council. SECTION 2. The City Council finds that Councilmember Place 5, Blake Vaughn's actions in the City Council meeting on March 24, 2025, were in violation of the Rules of Procedure and the House Rules of the City Council, as follows: • Section 43.20, Roberts Rules: Councilmember Vaughn's comments during open session related to City Manager's actions were not germane to the question before the City Council at the time because they were related to executive session discussion; • Section 43:21, Roberts Rules: Councilmember Vaughn's comments calling the Mayor a liar and accusing the Mayor of misleading the public were an attack or question of the motives of another member; • Section 43:26, Roberts Rules: Councilmember Vaughn's playing of a recording after objection of the Mayor and without approval of the City Council; • Section 43:28, Robert Rules: Councilmember Vaughn abruptly leaving the meeting was a disruption of the meeting; • Section 2-65(c), Rules of Procedure: Councilmember Vaughn's comments calling the Mayor a liar and accusing the Mayor of misleading the public was impugning the motives of a member and a violation of decorum. Councilmember Vaughn's comments about the City Manager's actions was not the question under discussion at the time; and • House Rules: Councilmember Vaughn's comments calling the Mayor a liar and suggesting he was misleading the public were not treating others with respect. Councilmember Vaughn's discussion of the City Manager's actions in open session was not being aware of the open meetings laws as the item was posted for discussion in executive session. Councilmember Vaughn's online discussion of the City Manager's actions was not debating pending issues in the council environment. The City Council finds that Councilmember Place 5, Blake Vaughn has violated the practice and the desire of the City of North Richland Hills, Texas, and the City Council by discussing personnel matters in the public on social media. Resolution No.2025-021 Page 5 of 7 The City Council hereby publicly reprimands Councilmember Place 5, Blake Vaughn for his actions in violation of the Rules of Procedure and the House Rules of the City Council. The City Council calls on Councilmember Place 5, Blake Vaughn to conduct himself in accordance with the Rules of Procedure and House Rules in all future public meetings of the City Council and to respect and act in accordance with the lawful practices of the City Council in the best interest of the City. SECTION 3. The City Council removes Councilmember Place 5, Blake Vaughn as Deputy Mayor Pro Tern, effective immediately upon the adoption of this Resolution. From the date of the adoption of this Resolution, Councilmember Place 5, Blake Vaughn shall no longer be the Deputy Mayor Pro Tern of the City Council of the City of North Richland Hills, Texas, and shall now hold no office, position, or title other than Councilmember Place 5. SECTION 4. The City Council definitively and unequivocally states that Councilmember Place 5, Blake Vaughn is not acting or speaking with agency on behalf of the City of North Richland Hills, Texas, or the City Council in his statements regarding the FlashVote survey regarding carports, the City Manager's actions related to same, and the City Council's direction in relation to same. SECTION 5.The City Council finds that the City Manager acted in accordance with the direction of the City Council and did not commit any wrongdoing in the preparation and execution of the FlashVote survey on carports. SECTION 6. The City Council has not ordered and does not find the need for any investigation of the City Manager. The City Council further finds that no investigation of the City Manager should be performed at this time. The City Council makes it known that any investigation being performed by Councilmember Place 5, Blake Vaughn is being performed in his individual capacity, not his official capacity as a Councilmember, as such investigation has not been ordered or authorized by the City Council. The City Council makes it known that Councilmember Place 5, Blake Vaughn is not speaking or acting with agency on behalf of the City of North Richland Hills, Texas, or the City Council with regard to any unauthorized and unwarranted investigation he is pursuing. Resolution No.2025-021 Page 6 of 7 The City Council calls on Councilmember Place 5, Blake Vaughn to immediately stop any independent investigation being pursued without authorization of the City Council to avoid the waste of additional City resources. SECTION 7. The City Council instructs the City Attorney that the only authorized representatives for the City to make requests for legal services are the City Manager or the Mayor, unless clear direction is given from the City Council as a body. The City Council further instructs the City Attorney not to respond to requests for legal services received from an individual Councilmembers without the direction of the City Council as a body. SECTION 8. This Resolution shall be effective immediately upon its adoption. PASSED AND APPROVED on this 9th day of April, 2025. CITY OF NORTH RICHLAND HILLS r o,•+•�GHL'A/v°•, J k McCarty, Mayor ATTEST: a iz.z,....• . y , _ Alicia Richardson o"p' �// City Secretary/Chief Gover °teO c e., *evpeee,.••4 APPROVED AS TO FORM AND LEGALITY: Bradley A. Anderle, City Attorney Resolution No.2025-021 Page 7 of 7