CONVERSE, Texas – A city of Converse councilwoman who was ousted from her seat is fighting the City Council's vote in court.
Kate Silvas, who is also running for mayor against incumbent Al Suarez and Councilwoman Deborah James, was granted a modified temporary restraining order in a Bexar County District courtroom Monday.
During a special meeting Tuesday, four council members voted to kick Silvas out of office on an allegation that she interfered with the administrative duties when she asked a staff member to provide her with a report. Under the city charter, city staff members are the subordinates of City Manager LeAnn Piatt, and any councilperson who violates the charter forfeits their seat, according to the city attorney.
The two-hour hearing by the City Council also included complaints about how Silvas overwhelmed the city manager with numerous requests for information.
Silvas maintains her innocence, saying it was a misunderstanding but is also standing by her right to exercise a right to request information as an officer. In a statement, she said, “I did not violate any law and exercising a right to request information is inherent to the exercise of office and is a protected statutory right of all citizens in Texas.”
The lawsuit requesting a temporary restraining order and temporary and permanent injunction names Mayor Al Suarez, council members Jeff Beehler, Kathy Richel, Shawn Russell and Marc Gilbert, City Manager Le Ann Piatt, City Secretary Holly Nagy and the City of Converse.
In the lawsuit, Silvas challenges the process by which the special meeting was called and the authority that council has to remove someone from office.
City Attorney Felix Arambula told KSAT last week that applications were being accepted to fill the Place 4 position and that a special meeting was set to take place Friday to appoint Silvas' replacement.
Silvas' name was removed from the city website the day after the vote took place.
The now-granted TRO means all efforts to appoint a replacement are on hold until a court hearing takes place before a judge Friday morning. Last week, the city attorney told KSAT a special meeting would be held Friday to appoint Silvas' replacement. Those efforts are on hold until the court hearing takes place.
The mayor and city manager could not be reached for comment at the time this article was published. The city attorney would only confirm that a TRO was granted.
Early voting ends Friday; Election Day is Nov. 5.