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Breaking News

Judge OKs Miller to serve

Judge OKs Miller to serve

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Wilson County News
December 11, 2015, 11:52am

Updated posted at 6:45 pm 12/11/15

Councilman Jim Miller, ousted Dec. 10 from his council seat by a vote of his fellow council members, can continue to serve in that capacity, according to a ruling from the 218th Judicial District Court issued today.

Miller sought and was granted a temporary restraining order against the city council of the city of Floresville and Mayor Sherry Castillo. They are restrained from preventing Miller from exercising his duties as councilman, Place 5, and from unlawfully taking any action to appoint or otherwise replace him to that council seat.

Miller planned to attend Friday night’s special council meeting, which was canceled, due to lack of a quorum. The city posted a revised agenda for a special city council meeting set for Monday, Dec. 14. See http://mywcn.com/69698

A hearing regarding Miller’s application for a temporary injunction is set for Monday, Dec. 21, in the 218th Judicial District Court.


The Floresville City Council’s new majority has succeeded in ousting place 5 Councilman Jim Miller from his seat during a tumultuous Dec. 10 meeting.

When Miller refused to relinquish his seat, citing legal precedent and advice from his attorney, Mayor Sherry Castillo asked the police to escort him from city hall. Miller’s attorney promised litigation.

In other action, a majority of the remaining council members voted to remove two members of the Floresville Economic Development Corp. The two ousted members are Jason Talley, the corporation’s treasurer, who requested reappointment, and Mary Helen Tieken, who had been reappointed to the position for a two-year term one year ago.

At the end of video 2, the council moved to closed session.


Your Opinions and Comments

Fed Up With Arrogance  
Sin City  
January 5 at 1:20pm
Bob - I don't think the majority of the residents believed the charter allowed such action by the Council. I certainly didn't. The District judge says it does. It would seem that when the dust settles from the current mess... More ›

Bob Pritts  
St Hedwig, TX  
January 5 at 11:22am
Fed Up. My question is, if you are the people of Floresville and City Council and Mayor are your servants, why do you permit the City Charter to have wording that allows the majority of council members to throw a recently elected... More ›

Fed Up With Arrogance  
Sin City  
January 4 at 9:31pm
Bob the City Charter prohibits the recall of a Councilmember who was just elected, but according to the District Judge, it permits a majority of the Council to remove a Councilmember at will. About a week ago a Recall petition... More ›

Bob Pritts  
St Hedwig, TX  
January 4 at 5:24pm
Fed Up. Thank you for verifying what I believed but wasn't positive about. In that case, Miller was removed from office very near an election. Then why can't a recall of the council members, new or old, be requested by the... More ›

Fed Up With Arrogance  
Sin City  
January 4 at 3:13pm
Bob. Talamantez, Miller, and Nieto were all on the ballot for the election in November.

Bob Pritts  
St Hedwig, TX  
January 4 at 12:30pm
Anyone, Was Talamantez elected the same time that Miller was? Or, within a short period time before or after?

January 4 at 11:52am
OK, so because "foregoing qualifications" are so broad, the council decided to define them themselves?

Jim Miller  
Floresville, TX  
January 4 at 11:04am
Franklin: 1) The City Charter does address this issue. §3.02 If the mayor or any council member fails to maintain the foregoing qualifications, or shall be absent from three consecutive regularly scheduled meetings without... More ›

January 4 at 10:09am
So, my question is this.. If the City Charter doesn't address the ability for the Council to remove another member, How can the Judge rule that they can? How is it that Council was able to essentially side step the city charter?... More ›

Jim Miller  
Floresville, TX  
January 4 at 9:09am
Franklin, you are directly on target! For the record and for those who operate purely on hear say - - this is the text of the decision by Judge David Peeples: "The application of Plaintiff, Jim Miller, for a temporary... More ›

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