Monday, September 8, 2008

Council May Reconsider Annexation

Council Member Marlena Dyess (formerly Hagen) granted an exclusive interview to WPC to disclose that she will petition the Wilmer City Council to reconsider the annexation of 95+ acres West of town off Belt Line Road at the next meeting.

In a difficult and sometimes emotional interview with WPC, Council Member Marlena Dyess disclosed that her surprise vote against annexation of the property at the September 4 City Council Meeting was a mistake. In a fax to the City Council and City Hall, Ms. Dyess requested that an agenda item be added to the next meeting to reconsider the annexation issue. Dyess said that it had been a very difficult decision for her on this issue and that she was torn between loyalty to and respect for the decision of the Planning & Zoning Commission against recommending the annexation and what she felt were the best interests of the citizens of Wilmer.

Councilwoman Dyess also indicated that she had no intention of leaving the position to which she had been elected. Reports of her resignation following the September 4 City Council Meeting were inaccurate, although some words were exchanged at the time. No written notice of resignation had been forwarded to the City. Mayor Hudson confirmed Friday that Ms. Dyess had not resigned.

Whether or not this is allowable under state law is a question for the City Attorney, who was not available for comment over the weekend. As near as we can determine, there are few precedents for such an action in municipal governance in Texas. Our research has uncovered some documented instances in other states (Vermont) and numerous examples in the US Congress. Click here to reference the definition of a "motion to reconsider".

Under the Robert’s system, the motion to reconsider a decision can be made only in the same meeting, or in another meeting on the same day, in which the initial decision was made. It is not clear under Texas statutes whether the “same meeting or day” restriction applies to units of local government. Home rule cities in Texas have adopted rules allowing motions to reconsider (Kileen), but it is not known at present whether general law municipalities in Texas have the ability to override the Robert's system (i.e. Roberts Rules of Order) and effectively "change the rules".

1 comment:

Just Asking said...

OK so we are back to the land of OZ and Ms. Dyess still hasn't found her brain. From all accounts Hudson called the vote as passing. He didn't even realize that Dyess voted no! How's that for decisions made behind closed doors. I wonder what excuse Dyess will have for all of the people that wanted to thank her for her change of heart? Again, she has shown that she will vote the way Hudson wants her to. I guess Hudson really got through to her after cussing her out after the meeting, before she could make it to her car and get out of dodge (Wilmer). This is so typical Marlena...She used this same, run and hide technique when she sat on the council before. She could not take criticism then and she can't take it now. Her fragile ego can only accept positive feed back. So my question to her would be: "How much stoking did she get from that investor and Hudson"? Because, she certainly will not get any positive stroking from the citizens this annexation effects. Stupid is as stupid does, ma'am...First, she campaigned against the liquor, then voted for it? Then she voted "no" for this annexation, then changed her mind? Or did she really mean to vote "yes" and just forgot? Here's some advice for you...Write it down, in big bold letters, since you can't seem to remember what you told Hudson before the meeting on how you were going to vote! LOL I was told that you had learned from your first time sitting on the council and that you are not so naive, from this side of the fence it appears all you have learned is to be lead along by the nose by Hudson and still can't cast a vote based on your own opinion. So now two of you sit there without a brain...Rollison & Dyess. What if the two of you got together and exchanged some brain matter? Maybe, between the two, you could do something good for the city, instead of taking up space and being a seat warmer. Just a thought...