TAFT, Texas — A San Patricio County district judge denied a request by Taft City Manager Ryan Smith for a temporary injunction and declined to dismiss his lawsuit against Mayor Elida Castillo and several city council members following a hearing Thursday in the 343rd District Court.
The ruling does not address the merits of the lawsuit and only allows the case to move forward in district court.
Smith filed suit earlier this month against Castillo, Mayor Pro Tem Esmeralda Cruz-Molina, Alderwoman Moriah Moreno and Alderman Alonzo Molina, all in their official capacities. The lawsuit seeks declaratory and injunctive relief, alleging city leaders acted beyond their legal authority and interfered with the city manager’s duties.
Smith, who represented himself in court, argued that council's actions taken on Nov. 14 “clouded the lines of the chain of command.” His main argument centered on Taft city employees tasked with obtaining water meter readings. According to Smith, employees obtained only 17 of the required 78 readings, and he said the alleged sentiment among those employees was, “Mr. Smith won’t be here much longer.”
Following the posted Nov. 14 meeting, council members stayed behind and spoke with several city employees. According to an affidavit submitted by Alonzo Molina Jr., council members told a water department employee he could “bypass the city manager” and contact the council directly with concerns.
The affidavit also stated that when the employee asked whether he would be fired for not following protocol, council members allegedly said, “Absolutely not.”
Molina was called as a witness by Smith and was cross-examined by Scott Tschirhart, the attorney representing him and the council. When asked if he could recall which council member gave the instruction to bypass Smith, Molina said he could not recall.
Molina also said he was not aware of Smith’s lawsuit until KRIS 6 News reported on it.
During questioning, Molina argued that even if no vote, resolution or ordinance was passed at the Nov. 14 meeting, council members’ presence still constituted city business. He added that while it may not meet the textbook definition, he believes council members telling an employee to take action “is a resolution.”
In the courtroom, Tschirhart addressed an email sent to city employees on Nov. 13 regarding a subsequent meeting that was not publicly posted. Molina said he had not read the email before the meeting.
Newly appointed City Secretary Lucia Rios, who sent the email, was also called as a witness by Smith. Rios, whose first day with the city was Oct. 24, testified that city business had been running smoothly under the prior council. She said she had heard about issues involving water meters and utility employees but admitted no employees had directly told her they would not follow Smith’s orders.
“It was all hearsay to me,” Rios told Tschirhart.
Rios was also questioned about the Nov. 13 email. As city secretary, she said she believed the email was for a “meet and greet.” When asked why the notice was sent the day before the meeting, which would not meet the 72-hour public notice requirement under the Texas Open Meetings Act, Rios said she had not yet received training on the law. She also said she is still adjusting to her role and that some training has been “cut off.”
Smith argued that while Rios may have been unfamiliar with Open Meetings Act requirements, Mayor Castillo, who previously served on the council, should have a “better understanding” of what is required. Rios also testified that Castillo requested the email be sent to employees on Nov. 13.
KRIS 6 News spoke with Castillo following the hearing. She said the city has not yet determined its next steps.
“This happened so quickly,” Castillo said. “We really haven’t had a lot of time to prepare any kind of what-happens-next decisions.”
Addressing residents concerned about the ongoing dispute, Castillo said the council’s focus remains on the community. “They elected us because we are representing the people,” she said. “Our main responsibility is to our community and ensuring that we’re addressing the concerns that are important to them.”
Castillo said any decision on whether the case could move forward in court will be discussed with legal counsel. She said discussions and previous agenda items are expected to continue at the council’s next regular meeting Jan. 6.
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