Potential Leon Valley ouster put on hold
Judge tells City Council to take no action against member until middle of the month
A federal judge has ordered the Leon Valley City Council not to take any action that could result in the ousting of Councilor Will Bradshaw until at least midOctober, effectively delaying a council hearing set for Monday.
Bradshaw filed a federal lawsuit claiming his constitutional rights would be violated if the City Council moved forward with the forfeiture of office hearing, originally set for 6 p.m. Monday at Leon Valley City Hall.
U.S. District Judge Fred Biery granted the temporary restraining order Friday that halted the forfeiture hearing, and directed the defendants to answer Bradshaw’s petition by Oct. 13.
The council plans to conduct the hearing under the city’s home rule charter on a confrontation Bradshaw had with police officers after Olen Yarnell, a 79year-old former zoning chairman, was arrested at the conclusion of a late-night council meeting in June.
The city issued a statement Friday, saying its counsel will respond to the court, asserting its right to proceed with the hearing.
According to Monday’s meeting agenda, the council was prepared to “make findings regarding the alleged misconduct” and vote on “any discipline” to be assessed against Bradshaw for a charter violation.
The hearing would be similar to a lengthy proceeding last year that resulted in the removal of Councilor Benny Martinez. That hearing took numerous sessions over several weeks to complete.
The lawsuit, alleging the proceeding would violate Bradshaw’s rights of free speech and due process, does not name the city as a defendant, but lists five city officials: Police Chief Joe Salvaggio, City Manager Kelly Kuenstler and council members Monica Alcocer, Catherine Rodriguez and Donna Charles.
The drama is playing out just days before early voting in the postponed city election, moved to Nov. 3, begins Oct. 13.
Rodriguez, seeking re-election to a second term, is opposed by challenger Josh Stevens, a Leon Valley reform advocate and ally of Bradshaw’s.
Alcocer and Charles, who both voted last year to oust Martinez, now are targeted for possible recall by voters in the election.
Bradshaw, a supply chain manager, was elected to the council in May 2019 and has seven months left on his term. He said he filed the lawsuit “to preserve the Constitution and the sanctity of our election process.”
His attorney, Solomon Radner, sent a letter to the defendants saying the council majority seems to be rushing to action.
“A hearing and a process that comport with due process are necessary in order to lawfully review the allegations against Mr. Bradshawand request to remove (him) from his elected city council position,” Radner said in the letter.
The lawsuit says Bradshaw would not be allowed to have legal representation or a lawyer present at the hearing. Although a majority of the council could allow citizens to speak, it did not support Bradshaw’s requests to let residents address the council during Martinez’s hearing.
Kuenstler said she continues to support city staff and didn’t want staff engaged in council politics.
“There have been two city councilors who have sued the city: former Councilor Benny Martinez and current Councilor
After Yarnell’s arrest, Bradshaw was recorded on a police body camera chastising the arresting officer, comparing the suburb’s police with Minneapolis police charged in the death of George Floyd.
William Bradshaw,” the city manager said. “The city prevailed in the Martinez suit, and the Bradshaw suit was just filed yesterday. Both are highly political, and staff should not be involved in the Leon Valley political arena.
“I am proud of my teammates who work for the city, for keeping morale up during such a challenging time, and for continuing to do their job to the best of their ability for the taxpayers,” Kuenstler added.
Bradshaw has been a critic of Kuenstler, and has especially questioned the actions of Salvaggio.
According to the lawsuit, Salvaggio sent Kuenstler a complaint letter in July, saying Bradshaw repeatedly has harassed the chief and his officers. The letter alludes to an angry outburst by Bradshaw when Yarnell was arrested at the end of a long council meet
ing that ran past midnight June 4, as protests centering on use of force by police were occurring daily nationwide.
Yarnell was
arrested,
based on a warrant connected to an alleged simple assault. Alcocer, 78, had accused Yarnell of aggressively grabbing her shoulder after a long council meeting
in May 2019.
After Yarnell’s arrest, Bradshaw was recorded on a police body camera chastising the arresting officer in the presence of at least two other officers, comparing the suburb’s police with Minneapolis police charged in the May 25 death of George Floyd.
“You’re the problem with this country. You’re the problems. You’re the guys that are kneeling on people’s necks. I’m sorry but this is disgusting,” Bradshaw is heard saying in the video.
The lawsuit justifies those comments as protected under the First Amendment, and references a July article in the San Antonio Express-News about three former San Antonio police officers hired as reserves by Salvaggio after being accused of wrongdoing. Salvaggio has defended the decision to hire those reserves.
The lawsuit argues that Martinez’s case against the city, heard in state district court and the Fourth Court of Appeals, resulted in an appellate ruling that his removal fromoffice could only be challenged by the attorney general or district attorney — an “extremely difficult process” for an ousted elected leader to legally regain his seat.
The suit said Bradshaw’s hearing, if allowed to move forward, would create a “kangaroo court” and result in a “foregone” outcome.
Salvaggio and the three council members listed as defendants had no comment on the lawsuit Friday.