On April 27, 2015, the City Council held a meeting at the WPPOA clubhouse. The only item on the agenda was to discuss and consider the Mayor’s nominee for the position of City Attorney.
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Clement stated that if his nominee wasn’t chosen then the Council would move on to the next “item.” He then asked the Council how they would like to work through the process of choosing an attorney.
Alderman David Tremblay motioned to have the City Council select 3 different attorneys or law firms and to offer the position of City Attorney to the selected parties one at a time until someone accepted the position. Alderman Joel Ortega seconded the motion, but the City Council never voted on the motion. Instead, they began discussing how they would review the nominees.
Alderman Doug Tomasini asked how they would agree on the order. Alderman Micki Ball responded “His nomination, that’s how the ordinance reads.”
Tremblay then said “Unless the Mayor opens it up to the Council to make nominations.”
Clement said
The way it reads is ‘the mayor’s nomination.’ Then that to me would say that that’s the first nomination made. And then we can go right down the list… After I make my first [nomination] I will make no more and we’ll leave it strictly up to the Council to nominate them.
Tremblay asked that if Mayor’s nominee wasn’t chosen, that the Mayor ask an Alderman one at a time to make a nomination.
Clement nominated Art Martinez de Vara, but none of the 5 Aldermen were in favor of keeping him. 4 were opposed, and Alderman Earnest Gay abstained saying “I’m going to abstain due to possible conflict of interest.”
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The Mayor then called on Gay to nominate someone. However, Gay passed to Tremblay who then nominated Kassahn and Ortiz stating their value and experience as reasons for the nomination. 4 of the Aldermen voted in favor of the firm. Alderman Gay voted against them, but didn’t say a word about his choice.
Alderman Ortega nominated Ryan Henry. Ball complained that Henry was involved in litigation either for or against Timberwood Development, the parent company of Waterwood Development Company which created the subdivision of Waterwood that makes up the majority of the City of Sandy Oaks. The Council then voted 5-0 in favor of approving the nomination.
Clement called on Gay again, but Gay said there was no one on the list that he would consider.
Clement called on Ball, who mentioned Roxane Cotroneo, an attorney based out of Corpus Christi. Ball said “She’s very credentialed” and “Out of the remaining candidates she peaked my interest.”
Only Ball and Tomasini voted in favor of Cotroneo, the others voted against her.
Tomasini didn’t have anyone to nominate so Tremblay nominated Denton Navarro Rocha Bernal. Ball pointed out that throughout their application they referred to the city as “Shady Oaks.” Ortega, Tremblay, and Tomasini voted for them anyway, with Ball and Gay voting against.
Clement then proceeded to call for other nominations, but the Council told him there were already 3 approved. He then discussed what order they should be in and wanted Ryan Henry to be first, but Tremblay interrupted him to say the Council had already decided on the order.
The Mayor said he would contact Kassahn and Ortiz to see if they were still interested in being they city’s attorney. He also added “At this time, Mr. Martinez de Vara could come through the door and say he wants all his back money. So that’s staring us in the face.”
Clement also admitted he never read the other applications.
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