The Leon Valley City Council will hold a special meeting on Tuesday, April 16 to discuss actions by a fellow Councilor. This meeting will take place after the conclusion of the regularly scheduled meeting for Tuesday, April 16.
The meeting will take place at Leon Valley City Council Chambers located at 6400 El Verde Road.
The meeting shall begin in executive session to discuss the legal implications and procedures regarding complaints by Denise Frederick, Brandon Melland, Yvonne Acuna, Joann Azar, and Jorge Breton against Benny Martinez.
Also to be discussed in executive session is the complaint filed by Dr. Catherine Rodriquez against Benny Martinez.
At the conclusion of the executive session Council will reconvene in regular session to possibly take action on issues discussed in the executive session.
There is no official investigation by Council regarding Council member Martinez’s conduct. The Leon Valley City Manager requested outside legal counsel to conduct an investigation into complaints filed by Frederick, Melland, Acuna, Azar, Breton, and Rodriquez. In the pre-litigation investigation report some of the complaints against Martinez were deemed unsubstantiated. However the report did list possible charter violations by Martinez and reported those and the complaint by Rodriquez must be investigated by Council.
This item appeared on the April 2 agenda, and Council ended the night without officially opening/declaring an investigation into Martinez’s behavior.
At the conclusion of Tuesday’s meeting Council may elect one of the three possible outcomes—order an official investigation, deem enough information is available to schedule a 3.12 hearing by Council, or elect to take no action.
Council cannot elect to discipline Martinez at Tuesday’s meeting. Any discipline of a Council member must happen after a 3.12 hearing has been held by Council. According to the City’s Charter a 3.12 hearing is conducted in open session; Council has the power to call witness, subpoena records, and allow public comments.
At the conclusion of the hearing Council may elect to censure a member, institute other discipline, or declare the council member’s seat vacated—effectively removing the councilmember from office.
If Council declares the office vacant, Council may appoint a new member, hold a special election to fill the office, or allow the office to remain vacant until the next election cycle.
To summarize Tuesday’s meeting. Martinez is not officially under investigation. Council is meeting to discuss legal implication and procedures to proceed if further action is warranted. Neither Martinez nor Rodriquez will be allowed to participate in the special meeting Tuesday night.