Conroe to consider email release in May 4 ballot controversy
Conroe Mayor Jody Czajkoski has called a special meeting Thursday for the council to consider releasing all emails related to the recent ballot application controversy and a lawsuit filed in March against City Secretary Soco Gorjon.
The council also will discuss its response to a letter sent to the city by Gorjon’s attorney, Nathan Steadman, demanding a compromise. According to the April 4 letter, Gorjon would resign if the city would pay her more than $800,000 in 32 months of salary, unpaid vacation and sick leave.
Steadman gave the city an April 22 deadline or said he would take further legal action.
The meeting will be at 2 p.m. in the council chambers, 300 West Davis in Conroe.
Emails related to lawsuit
The special session comes after a contentious meeting last week where Czajkoski demanded interim City Attorney Mike Garner disclose who authorized him to file the suit. Garner said he was not directed by anyone to file the suit and refused to release the emails, citing attorney-client privilege.
Garner said he would release the emails only by a majority vote of the council.
Czajkoski maintains Garner had no authority to file the suit without direction from the City Council.
“I find nothing in the charter that gives the city attorney the authority to bring the lawsuit on behalf of the city of Conroe without council approval,” Czajkoski said during an April 11 council meeting.
Garner said that under the Texas Disciplinary Rules of Profession Conduct that he has the authority to file lawsuits without direction from staff or council.
“The city is my client,” Garner said. “If I see something that is against the law, I am to take reasonable efforts to remediate that issue and that’s what I did.”
Czajkoski also demanded City Administrator Gary Scott and Nancy Mikeska, assistant city administrator who oversees the city’s Human Resources Department, explain why Gorjon was placed on administrative leave on April 1, locked out of her email and her office.
Mayor demands answers
Despite demanding answers on the issue, a visibly frustrated Czajkoski spoke over staff members, slammed his gavel numerous times and instructed IT personnel to turn off the microphones of Council Members Marsha Porter and Mikeska.
Scott and Mikeska said that according to the city’s policy, they did have the authority to place Gorjon on leave after Gorjon
reported to them the ballot issue was affecting her health.
“That is the policy, and that was exactly what was followed,” Mikeska said. “Ms. Gorjon told us in a meeting she was not coming back, and our process is always to protect the city of Conroe and we do not allow people (on leave) to have access to our build or anything else.”
Gorjon confirmed on March 1 that Mayor Pro Tem Curt Maddux and Council Member Todd Yancey were not present when city staff notarized and filed their applications Jan. 17. She said on March 8 she would not invalidate the applications “based on this technicality” in a letter to the Houston Chronicle and City Council.
Garner filed the petition in Texas’ 9th Court of Appeals on March 11, alleging Gorjon “failed in her ministerial duties” and seeking a ruling to force Gorjon to reject the applications of Maddux and Yancey for the May 4 election.
The appeals court dismissed the petition.
Visiting 506th state District Judge Albert McCaig denied a temporary injunction on March 25 filed by Duke Coon and Shana Arthur March 12 and blamed city processes for the unlawful filing of two ballot applications.
Election code violations
McCaig acknowledged several election code violations by Gorjon in accepting applications of Maddux and Yancey.
Yancey filed to run for mayor against Coon and Kristin Wilkinson-Guardino, and Maddux is seeking a second term for his Council Place 2 and is facing Arthur and Betty Boren Avery.
Both Maddux and Yancey testified March 25 that they instructed Gorjon to get the applications off their desks at City Hall, notarize them, and file them on their behalf. Both said they wanted to “be first” to file on Jan. 17, when filing for the election opened.