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Section A: General News


Joslin files complaint against councilman


Joslin files complaint against councilman
Jim Miller


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March 6, 2013
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FLORESVILLE -- In a move that shocked even some of the parties named as part of it, Floresville City Manager Andy Joslin entered a formal complaint against Councilman Jim Miller into the record during a Feb. 25 special meeting of the Floresville City Council.

The two-page complaint addressed to Floresville Mayor Diana Garza includes several emails, alleges violations of the Floresville City Charter, and accuses Miller of unethical behavior and creating a hostile work environment, though no supporting documentation is given. Outlining several allegations, the complaint states, “... City Manager Andy Joslin prays for relief from Mayor Diana Garza and ... the City Council.”

The complaint also alleges Miller violated the city charter, section 3.08, which states that no member of the city council shall give orders to any subordinate of the city manager and that, except for the purpose of inquiry, the Floresville City Council and its members shall deal with the administrative services solely through the city manager.

Section 1 of the complaint states that Miller violated the charter in a constant and aggressive manner, thus constituting a hostile work environment, and cites complaints from City Comptroller Lara Feagins, City Secretary Sherry Pollok, and Permits Clerk Cyndi Nichols.

Joslin contends these employees brought their grievances to him orally, but that no written statements or complaints as to the nature of the violations were given. However, Joslin’s complaint states the witnesses agree to provide statements and supporting documents in the future.

“I have no comment on that at this time,” Joslin said, when pressed as to the nature of the complaints.

Cyndi Nichols confirmed after the meeting she gave her complaint orally to Joslin.

Sections 2 and 3 state that Joslin “received further information of unethical behavior” from various sources. The complaint cites Floresville Economic Development Corp. (FEDC) members Jason Talley and David Strozier, 4A board member Melissa Popham, auditor Pat Wagner, and financial advisor Victor Quiroga Jr.

In the complaint, Joslin said he could substantiate the allegations of unethical behavior, stating “witnesses have confided in the office of the city manager and subsequently have refrained from engaging in unapproved council/manager directed activity.”

Although Popham claimed to have presented Joslin with an allegation against Miller, Talley, Strozier, and Wagner have denied any part of it.

Strozier, in a phone call after the meeting, said he had made no complaint against the councilman.

Wagner, who serves as an independent auditor for the city of Floresville, was unaware of a complaint against Miller.

“It’s news to me,” Wagner said after the meeting. “I have never complained to or confided in Andy Joslin regarding any behavior of Jim Miller.”

Wagner further said that Miller has never behaved in an unethical manner nor has he ever given her an order. Wagner said she hasn’t altered her behavior in any way, as suggested in the complaint, which claims she subsequently refrained “from engaging in unapproved” activity.

“I had no idea there was even a complaint in existence,” Wagner said.

Talley, during the Feb. 28 regular meeting of the city council, stated he had nothing to do with the complaint and did not know it existed until someone at the FEDC meeting the same evening informed him.

“I have made no complaints about Jim Miller and I was shocked by the mention of my name in a public statement read to the council,” Talley said.

Questioned regarding Talley’s statement, Joslin said that due to the advice of legal counsel, he could not comment on the subject.

The final item in the complaint alleges that friends and family of Pollok confided in her, and she confided in Joslin, that Miller made comments about Joslin at the Wilson County Junior Livestock Show; according to the complaint, Miller said Joslin was going to be replaced, due to his inability to do his job.

Pollok also claims she was distressed that some of her own personal issues were being discussed by Miller and her family members.

Also included in the final item is a statement that someone had received disparaging, abusive, and threatening emails from Miller. However, a recipient is not named.

The Wilson County News obtained a copy of the emails cited by Joslin, addressed to “city staff” by Miller, questioning the staff having met with representatives from U.S. Rep. Henry Cuellar’s office without informing the council.

Miller requested staff should notify the entire council of such meetings to discuss funding options. In the emails, Miller said reporting the results of such meetings after the fact is unacceptable.

In the emails, Joslin accused Miller of a violation of the Texas Open Meetings Act, as the councilmen used the “reply to all” option during email correspondence.

According to Associate City Attorney Chris Hugg, an open meeting violation can take place in email conversations if a member of the elected body is speaking on behalf of the entire council or with regard to policy.

“It’s a grey area,” Hugg said.

Asked whether Miller’s email constituted an open meetings act violation, Hugg said that if he was going to court, he would say no.

The next step would be for the issue to come up at a subsequent council meeting and the council will decide where to proceed from there, Hugg said. At that time, no one had notified him of their intent to place the complaint on a future council agenda.

 

Your Opinions and Comments

 
Webmaster  
Floresville  
March 8, 2013 9:23am
 
"Still Wonder," the video provided is the full version of the Floresville City Council meeting from Feb. 25, 2013. It was previously labeled as video A, but that label has been corrected.

 
STILL WONDER  
SA  
March 7, 2013 8:18pm
 
Where can you find a full copy of video for the Council meeting? Would like to see the financials that have been submitted.

 
Tyra  
FloTown  
March 7, 2013 2:31pm
 
What is funny is, he thinks he is above the law. You would think as a formal law enforcement officer, assitant chief, he would know what he would need to file a complaint and not only that but know you cannot LIE in it, but to ... More ›

 
footballfan  
stockdale  
March 7, 2013 1:55pm
 
JIM, keep it up, the dogs are cornered and we all know how dangerous cornered dogs are. Watch yourslef, believe me every call, step, converstation is being monitored. Live upright, expose the truth, and get floresville back ... More ›

 
Webmaster  
Floresville  
March 7, 2013 12:12pm
 
Video added

 
Publius Valerius Publicola  
Rome, Tx.  
March 7, 2013 10:59am
 
It appears that Joslin may be guilty of Section 8 of the Texas Penal code.

 
Concerned Tax Payer  
Floresville, Texas  
March 6, 2013 9:58pm
 
From the rumors that are running rampant, no wonder the job is not getting done!!!! Enough already, get the city out of debt.

 
Concerned Tax Payer  
Floresville, Texas  
March 6, 2013 4:33pm
 
Imagine that, his legal counsel is telling him not to talk. Maybe his counsel should have told him not to file the complaint, since he LIED ABOUT IT!!!!! Do your job, quit playing games, and get us out of debt!!!!

 
brite eyes  
flotown  
March 6, 2013 4:08pm
 
well said newguy...

 
newguyntown  
floresville  
March 6, 2013 3:21pm
 
It seems to me that Andy Joslin may be in violation of some sort of ethics by using folks names to file a complaint, when there is a denial by those same people... obviously Mr joslin fears for his job and is creating a future ... More ›

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