Mayes v. City of De Leon

ON MOTION FOR REHEARING

In its motion for rehearing, the City renews its argument that it ratified Mayes’ termination at the February 8 meeting when the council voted to approve the minutes of the January 20 meeting and voted to deny Mayes’ appeal of his termination. Since it had the legal right to terminate Mayes, the City argues that it could subsequently ratify his termination.

A prior action taken in violation of the Open Meetings Act may not be retroactively ratified. Lower Colorado River Authority v. City of San Marcos, supra; Dallas County Flood Control District No. 1 v. Cross, 815 S.W.2d 271, 283 (Tex.App.—Dallas 1991, writ den’d). Assuming proper notice under the Act, the governing body may of course vote to take the same action as it originally intended to do at the prior meeting. However, that action may not be given retroactive effect. Lower Colorado River Authority v. City of San Marcos, supra at 647; Fielding v. Anderson, supra. The De Leon city council did not vote to terminate Mayes at its February 8 meeting. Instead, the City voted to approve the minutes of its January 20 meeting and voted to deny Mayes his appeal from that termination. We conclude that this was an invalid effort to retroactively ratify its improper January 20 termination. See Prnth v. Morgan, 622 S.W.2d 470, 476 (TexApp.—Tyler 1981, writ refd n.r.e.).

*205We have examined the Open Meetings Act cases upon which the City relies.1 These cases are not inconsistent with our opinion.

The City of De Leon’s motion for rehearing is overruled.

. These include Smith County v. Thornton, 726 S.W.2d 2, 3 (Tex.1986); Lower Colorado River Authority v. City of San Marcos, supra; Dallas County Flood Control District No. 1 v. Cross, supra; City of Bells v. Greater Texoma Utility Authority, 790 S.W.2d 6, 11 (Tex.App.—Dallas 1990, writ den’d); and Fausett v. Ring, 470 S.W.2d 770, 773 (Tex.Civ.App.—El Paso 1971, no writ).