Suit filed against Woodcreek mayor by council member
Woodcreek Councilmember Brent Pulley has filed a lawsuit against Woodcreek Mayor Gloria Whitehead asking the courts to step in a correct issues he believes are taking place against either Woodcreek code or the Texas Open Meetings Act.
“I really don’t like doing this,” Pulley said. “I have spent months trying to get this resolved, and it ends up like this. I don’t like it, but this is about transparency and good governance of the city.”
Whitehead did not respond to a call requesting comment. Woodcreek City Attorney Bud Wymore declined to comment.
The lawsuit was filed on July 10 in Hay County District Court. There are three alleged issues Pulley wishes to resolve in the lawsuit including claims that the mayor is not placing items he has requested on the agenda for city council meetings, the mayor is not appropriately allowing public comment and that the mayor is using the city attorney for “pet projects” that are not approved by a vote of the council.
“One of the main things I am really concerned about is traffic and traffic enforcement,” Pulley said. “I haven’t been able to get an item on the agenda about that for weeks.”
The lawsuit states that Pulley asked for agenda items on the June 10 and July 8 council meeting that were not placed on the agenda. Woodcreek’s established Rules and Procedures states, “Items may be added to an agenda at the request of the Mayor, a Council member, or the City Manager.” It also states, “The agenda for such (special) meetings shall be established at the discretion of those calling the meeting.” The lawsuit claims that the mayor is violating the Rules and Procedures by not allowing the items to be on the agenda.
There has also been a more limited form of public comment at some recent Woodcreek City Council meetings.
“The city has taken the position that they can basically stop people from speaking and that is not correct either,” Pulley said.
The lawsuit alleges that this has been done in violation the city’s Rules and Procedures and goes “beyond” the “reasonable rules to regulate speaking by the public in a manner consistent with the” Texas Open Meetings Act.
The lawsuit also alleges that Whitehead is using the city attorney for “personal” “pet projects” but does not go into detail about what those projects are.
“(Pulley) is sensitive to the potential for privileged attorney-client information to be disclosed by this pleading; however the Woodcreek City Attorney’s client is the City of Woodcreek as an entity - not Whitehead, individually,” the lawsuit states. “Despite this basis tenet of municipal law, Whitehead has continued to instruct City Attorney Wymore to pursue personal matters, at great expense to the taxpayers and residents of Woodcreek, all without authorization from the City Council. A city may act only by and through its governing body, and acts of the mayor or individual council members are ineffectual without express authorization from the governing body.”
The lawsuit is requesting an injunction and a trail on the matters referenced. It requests an injunction requiring Whitehead to allow public comment in a manner consistent with the city’s Rules and Procedures. It also requests the court “declare void all actions Whitehead took without authorization from the governing body, and order the City of Woodcreek to request disgorgement and reimbursement of any funds wrongfully paid to City Attorney Wymore.” It also asks for “the rights of (Pulley) as an elected official to participate in the public discussion on matters of concern through the placement of items on the agenda in a manner consistent with the Rules of Procedure.”
Additionally, the suit requests the reimbursement of attorney fees and court costs.