ANALYSIS AND COMMENTARY
The effort to recall Mayor Tom Thompson started with a two page affidavit. You can read the affidavit in its entirety here: Recall Affidavit. The petition is currently being circulated online by the San Angelo Data Center Citizen’s Coalition, who called for a pause to data center construction earlier in April.
While it provides some additional detail on the grounds for the recall, the affidavit is short on specific examples of the alleged misconduct which prompted it, a fact that might prove crucial to the campaign.
The grounds listed for the recall are:
- Failure to disclose material facts, timelines, and supporting documentation related to the Skybox data center project that are of clear public interest and relevance.
- Failure to promote meaningful and functional citizen engagement in a matter of significant community impact.
- Participation in or allowance of the withholding of public information subject to valid Texas Public Information Act (TPIA) requests AND in violation of the San Angelo Charter Code of Ethics for Members of San Angelo City Council and Boards and Commissions.
- Providing misleading or inaccurate public statements regarding accessibility to project representatives while unequal access to information was reportedly provided to select parties.
- Failure to uphold ethical obligations including transparency, fairness, and open governance, as reflected in applicable City of San Angelo Code of Ethics principles, including:
- Conducting public deliberations openly unless legally confidential
- Sharing substantive information relevant to public decision-making
- Acting impartially and in the public interest
- Patterns of procedural structuring and meeting notice practices that have had the effect of limiting adequately noticed and timely public awareness, participation, and meaningful engagement on matters of significant community impact.
- Additional concerns include potential procedural irregularities in public notice practices, questions regarding the full scope of the project, and the neutrality of key zoning-related decisions.
The affidavit concludes with the following statement.
These concerns collectively raise serious questions regarding adherence to both the letter and spirit of governing laws, policies, and ethical responsibilities owed to constituents.
Legal Analysis
The reasons listed indicate a misunderstanding of the role of the Mayor in directing the affairs of the City.
They also indicate that the challenging parties are arguing for a recall vote based on suspicion of behind-the-scenes malfeasance, without proof of that malfeasance. This premise might alter the pitch of the entire argument.
For example, one complaint is that the mayor has participated in withholding public information requested under the Texas Public Information Act.
How the city responds to a particular public information request does not fall within the power of the mayor or the city council to decide. It is a legal issue entrusted to the city manager who has delegated that authority to the city attorney.
The law provides exceptions for public disclosure of certain types of information. One such exception is information regarding the city’s bargaining position in real estate transactions. Another is consultations with the city’s legal counsel. These are just a few of the dozens of possible exceptions.
Determining whether these exceptions apply is not up to the city, It is up to the Office of the Attorney General in Austin. The city must request approval of the attorney general before withholding any information.
The city attorney’s office requested review and they are waiting on the attorney general’s response.
AG Office Never To Be Rushed
One thing thats been made clear to us at the Concho Observer while reporting tricky topics over the last year, is to not hold your breath waiting for a response from the Attorney General’s office.
The ten business days noted in the Texas Public Information Act for the requested parties to comply will often be extended to its absolute maximum.
In the recent past, our requests have taken up the better part of half-a-year to make their way through the AG’s office, and finally back to the original party for disclosure.
While this is certainly frustrating, the waiting period is built into the system on the state level.
The Mayor’s Role
Under the city charter, the City of San Angelo is a “home rule” city and operates under the city manager form of government.
The mayor is a member of the city council, with the same abilities as all members of the city council, with one vote. Same as the other councillors.
The mayor has a more public and symbolic leadership role as the ceremonial head of the city than real executive power. He is in demand for ribbon cuttings, community events and parades. But he cannot tell a city employee where, when or how to do their job.
He has no veto power over council decisions, or executive authority to run the city. The charter places that authority in the city manager who is hired and works at the pleasure of the entire city council.
Exactly how the mayor has done all the things he is accused of in the affidavit is not detailed.
Recalls are political. Often they have nothing to do with actual misconduct by the official. If you can get 3,000 signatures, you can force a recall election regardless of the reason. Based on the general and conclusory grounds in the affidavit, that appears to be the case here.
The motivation for the recall movement is overall dislike of the data center, something which is not a done deal, and that may never happen at all should public opposition continue.
If it does or does not, it won’t be because Tom Thompson is or isn’t mayor. There are larger, more powerful forces at play that will make that decision.
Seeking to remove the Mayor might end up as a big distraction from a very important policy debate.
Further Reading:
Data Centers, Politics Make Strange Bedfellows
How Much City Water Can Data Centers Drink?
OPINION: Remove Hype From Hyperscale Data Centers
OPINION: Data Centers Quickly Becoming Necessary
Disclosure: The author of this piece is a former San Angelo city council member, and mayor pro tem. He is a practicing attorney who represents many municipalities, including the City of San Angelo, in legal matters.
