For the second time in as many meetings, Mayor Teresa Palmer kicked a person out during the public comments portion of the Willow Park City Council meeting on Tuesday, March 10.
And it was the same person.
Amy Fennel began the same speech she started to present on Feb. 24 criticizing Palmer. Then, just as she did at that earlier meeting, Palmer began pounding her gavel in anger, shouting “We’re not doing this again!”
When, in fact, Palmer did do it again.
Before Fennel could be removed from this meeting, however, Councilman Eric Contreras made a motion to allow her to continue speaking.
“I swore to protect, preserve and defend the Constitution of the United States and the laws of the state of Texas,” Contreras told The Community News after the meeting. “Those laws include citizens’ right to speak about their government. Their speech can be positive or it can be critical of their government.
“Over the past nine months (since Palmer took office) I have defended all citizens’ rights to speak about their government. In this meeting I continued to defend the rights of the people. My motion was to overrule the mayor’s action of having the sergeant of arms escort a citizen out that was speaking during public comments.”
Fennel, a city council member from 2017-20, was accusing Palmer of working to undo all the progress that came to the city over the past eight years before she took office.
After a short break, Fennel was allowed to return to the podium. It wasn’t long before she was again interrupted.
City Attorney Fritz Quast told Fennel that her first amendment rights have to be pertinent to what is being discussed in that particular meeting. Fennel responded that is no longer true, as a state law passed in 2019 allows for public comments about any subject.
Then, in contradiction to his earlier comments, Quast said, “I am very aware of this legislation.”
Fennel said what has happened since Palmer took office is giving folks outside the city, including potential businesses that might otherwise consider coming to town, “a sense of what they can expect from Willow Park, and it has become an embarrassment.”
Palmer and Quast then had Fennel escorted out of the meeting once again as Palmer said, “I’m done. We’re done.”
“I’m hoping to stand up for our staff and council,” Fennel told The Community News during the break. “This mess since she got in is inconsiderate of business owners, inconsiderate to people who come to hear the directors of the city.
“My purpose here is to call out her behavior. I want to offer my support to the council and staff. Without them, I don’t know if this city would be functioning.”
Another speaker, Shannon Brown, took the podium and came to Fennel’s defense.
“I did not hear any profanities or statements that were knowingly false,” Brown said. “There have been situations where citizens spoke about other council members and were allowed to go past five minutes.
“I would advise the city attorney to advise council on first amendment concerns. I know Amy personally. She may be a little spicy, not everyone’s cup of tea, but I’ve never known her to be a liar.”
Later, as the council was going to executive session Marcy Galle, a candidate for city council in the upcoming May election and a close friend of Palmer’s, came up to Contreras. He said she referenced an ordinance created in 2016 when she was on council - later amended in 2019 per a change in state rules.
“I was shocked when Marcy Galle stood up and came toward me saying not so nice things about me,” Contreras said. “Did I have her escorted out? No. Mrs. Galle was appalled that I tried to overrule the mayor silencing a citizen.
“While we were going to executive session Mrs. Galle approached me and told me there was an ordinance in place. I told Mrs. Galle that I love freedom of speech.
“I asked Mrs. Galle does an ordinance overrule the U.S. Constitution and the laws in the state of Texas? She did not answer.”
Once again, there is concern as to whether Palmer violated the Texas Open Meetings Act. According to Texas Government Code, a governmental body may not prohibit public criticism of the body, including criticism of any act, omission, policy, procedure, program or service.
Possible consequences if a mayor unlawfully stops a citizen from speaking can include voiding of an agenda item. Also, the city may be required to pay the citizen’s legal fees should the matter end up in court and the citizen prevails.
Red flags cited, all of which applied in this case and the February incident, include:
Actions that can be taken by the speaker, in this case, Fennel, include a formal complaint to the Texas Attorney General and/or a civil rights lawsuit.
In the 1991 Texas Supreme Court case of Morehead vs. State, it was ruled that while a city can remove someone for disrupting a meeting, the disruption must be a physical or auditory interference that actually prevents the meeting from continuing — not just speech that is offensive or critical.
“I don’t believe the founders wanted to silence those that are critical of government,” Contreras said. “In fact, they considered free speech critical. That is why it is our first amendment.
“More speech is a good thing. Can anyone imagine a world where speech is limited and being arrested is common for speaking out? We see on the news that speech is controlled by the government in Communist China and in North Korea.
“That is why I will continue to follow the Constitution of the United States and the laws of the great state of Texas, so help me God.”
Palmer, when asked to comment on what occurred, said, “I think we need to take care of city business and leave the drama on social media or at the door.”
When pressed further on Fennel’s first amendment rights, Palmer refused to comment.
Perhaps as a result of a controversy that arose in January surrounding Palmer’s alleged mishandling of emails, Quast detailed a non-disclosure agreement concerning confidential meetings concerning city employees and officials. Council then approved the agreement in a 3-2 vote, with Scott Smith and Chawn Gilliland casting the nay votes.
The vote was to approve signing agreements on a case-by-case basis, as opposed to a blanket coverage. It also includes verbal commitments, which Smith opposed, saying anyone could come back later and argue that something said was meant to be in confidence or proprietary.
In a meeting on Jan. 13 it was revealed that Palmer shared a series of emails between councilman Buddy Wright and City Attorney Andy Messer with Gene Martin, chairman of the Home Rule Committee. Martin is not an employee of the city, nor was he elected to his position.
Since the city is the client in that agreement, it was okay for Palmer to see the exchanges. It was not, however, okay for her to share them with someone not employed or serving the city in an elected capacity.
Therefore, Palmer’s actions appear to constitute a violation of the attorney-client privilege.
During his update to the council in that January meeting, Martin accused Wright of sending nine emails to Messer with the intent to dismantle the process of creating a draft charter.
To which Wright immediately asked, “How did you get those emails?”
While it does not appear Palmer broke any laws in a criminal sense with her actions, it is an ethical violation and could harm any legal defense that might arise as that information can now be used in a court.
While Palmer did not take action on an item she had placed on the agenda, she was called to task by Smith and Interim City Manager Toni Fisher.
Palmer has been claiming that when the ice storm hit the area in January, she was not included in emergency management of the situation. Fisher noted, however, that council — which includes the mayor — was indeed notified via email.
Palmer chastised Fire Marshal Charlie Scnheider publicly in the Feb. 10 meeting, something she denied doing at Tuesday’s meeting.
Palmer also accused three people who resigned from the Emergency Management Program of not wanting to help her serve the community. However, Fisher reminded her these resignations took place after Palmer announced she wanted to name a new team.
Smith also said Palmer was painting the resignations in a wrong light, adding, “Why would we establish a new team if we have an established, accredited team already?”
Fisher asked Palmer that since she did receive the email in January, “Did you send out that information to staff? As the director, did you provide it to anyone else?”
Fisher also reminded Palmer that Jason Lane, Parker County Emergency Management Coordinator, emailed Palmer twice about speaking to the council. The first was on March 5 and the second was on the day of the meeting.
Palmer said she spoke with Lane, but did not say when and acknowledged that she indeed had not checked her emails. A spokesperson with Parker County confirmed she did not get back with Lane.
Palmer said she decided not to name a new team because the city falls under the county guidelines concerning emergency management. Smith told her that the city still needs and now lacks a local presence.
Willow Park Communications Director Rose Hoffman gave a presentation on the correct uses of the HOT (Hotel Occupancy Tax) funds. Council then approved a policy and sponsorship request application.
The following are permitted uses of HOT revenues:
Council approved the use of $20,000 in HOT funds to sponsor The District at Willow Park’s entertainment season, which runs April through November. The sponsorship includes opportunities for signage, video advertising, and on-site presence for events.
This will include a concert series beginning April 3 and running through Nov. 22. For a complete list visit https://thedistrictatwillowpark.com/.
Council approved a development agreement with Bar-ko Land Company, LLC concerning just over seven acres of land the developer has asked the city to annex. Bar-ko plans to develop the property as a commercial project.
The council approved the renewal of a contract and a raise for deputy city attorney services with Ashley McSwain Law, PLLC.
The City of Willow Park Municipal Court requires qualified legal counsel to prosecute Class C misdemeanor offenses and violations of municipal city ordinances filed in the municipal court.
McSwain has served as the municipal court prosecutor since 2018.
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catstone1
At this point, many of us are wondering what the mayor was so concerned Amy might say that warranted shutting her down so aggressively. At both of the last two meetings she was gaveled down and removed during public comment — twice at the 3/10 meeting — while other speakers in that same meeting were allowed to openly criticize council members and even call for their resignation without interruption. Public comment rules should apply equally to everyone, regardless of their viewpoint. When one speaker is repeatedly stopped while others making equally pointed remarks and are allowed to continue, it raises real concerns about selective enforcement and bias.
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