Alderman Joel Ortega was absent from half of the City Council meetings in 2015.
Texas law says that 3 consecutive absences of an Alderman makes the position vacant. Chapter 22 of the Local Government Code says this:
Sec. 22.041. VACANCY ON GOVERNING BODY IS CREATED.
(b) If a member of the governing body is absent for three regular consecutive meetings, the member’s office is considered vacant unless the member is sick or has first obtained a leave of absence at a regular meeting.
There were only two meetings where Ortega was absent and a reason was given. On February 26, 2015 Ortega was absent due to a death in his family. At the budget hearing on September 2, 2015 Mayor Pro Tem Earnest Gay said Ortega was gone for a “church function.” For all the other meetings where Ortega was absent, no explanation or excuse was given.
The City Council never addressed the issue of Alderman Ortega’s absence. No one has ever asked about his whereabouts during public meetings.
3 consecutive meetings were missed as of September when Ortega missed the August 13th meeting as well as the meetings on the 2nd and 8th of September. The City Council, however, never acknowledged this.
Ortega missed 10 out of the 18 meetings between January 1st and October 31st in 2015. If he officially lost his position after his 3rd absence, then he missed 7 of the 15 meetings he was required to be at.
The Local Government Code says a vacancy on the council may be filled by either an appointment or by an election. Ortega’s position, Alderman Place 3, was up for reelection on November 3, 2015. He did not run for the office again and was replaced by Karen Tanguma who ran unopposed.
The Texas Local Government Code also states that a fine of $3 is due for every meeting missed without prior permission. Ortega now owes the city $21 to $30.
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