Chris Borne has been named to replace recalled Groves Ward 1 Councilman Cross Coburn. During last Monday’s Groves City Council meeting, the remaining four council members voted 3-to-1 to approve Borne for the Ward 1 position.

Mayor Brad Bailey announced, prior to the vote, that the council had received six letters from Ward 1 residents interested in the seat.

So far, we have yet to see an agenda item posted prior to any City Council meeting since the recall vote in November, calling for the council to take action on receiving letters of interest by citizens to fill the vacant spot.

With this being the case, how did these six individuals hear they could begin applying for the position? Should this action not be voted on in an open forum?

This mindset of being able to make city governing changes without notifying citizens is not conducive to a positive city structure. Important decisions such as selecting an individual who will ultimately represent specific citizens should never be made without letting the community be informed. Doing so is grossly irresponsible under a local city government format.

This also brings up another issue with which residents of Ward 1 should be concerned. Borne may be a great guy. But whether he is or not, he will be representing a group of people that never had the chance to vote for him for more than a year.

When we make our way to the polls and vote for the candidate we deem best fit for the position for which they are running, many of us do so after going through a process that helps us to learn about that individual. What do they stand for? What are their goals for the city? What changes will they work to implement if elected? Basically, why are someone the best person for the job?

Apparently, Kyle Hollier thinks Borne is, as he made the motion nominating Borne. But Hollier doesn’t live in Ward 1. Neither does Councilmember Sidney Badon, who seconded the nomination. Apparently they know what’s best for citizens of Ward 1. And, of course, Mayor Brad Bailey agreed to make it a 3-to-1 vote.

Now, under the Groves City Charters, it is the right of the council to replace a vacant seat. But they must do this legally.

“If a vacancy occurs in the office of Councilmember, the remaining Councilmembers and Mayor shall appoint, by a majority vote, a qualified citizen from the ward in which the vacancy occurred to serve until the next regular election, at which election a Councilmember shall be elected for such place for the remainder of the two (2) year term, if any.”

But remember, we have yet to be able to find a public motion to begin the search for this seat. And if one does not exist, is the appointment of Chris Borne legal?

Per the 2018 Texas Open Meetings Act Handbook:

A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body.

 The notice of a meeting of a governmental body must be posted in a place readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting.

 A governmental body must give the public advance notice of the subjects it will consider in an open meeting or a closed executive session.

 Governmental actions taken in violation of the notice requirements of the Act are voidable.

 In the event the item was discussed in closed meeting:

 A governmental body may not conduct the closed meeting unless a quorum of the governmental body first convenes in an open meeting for which notice has been given and during which the presiding officer publicly:

(1) announces that a closed meeting will be held, and

(2) identifies the section or sections of this chapter under which the closed

       meeting is held.

 A final action, decision, or vote on a matter deliberated in a closed meeting under this chapter may only be made in an open meeting that is held in compliance with the notice provisions.

 Through this, one can easily make a case that the Groves City Council voted on an item to appoint a replacement for the recalled Ward 1 council seat without approving the initial search process in open forum.

What’s sad here, is former Councilmember Cross Coburn was recalled from his Ward 1 council seat for perceived immoral actions, but others on council have blatantly sidestepped the law throughout this process. Which is worse?

Rich Macke is publisher of The Port Arthur News.