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HomeMy WebLinkAbout033904 RES - 04/14/2026Resolution scheduling a pretrial hearing on May 19, 2026, to entertain motions, witness lists, requests for summonses, and all other related matters for the Removal Action of the Mayor; and adopting Rules of Procedure for City Council Hearing for Removal Action. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Council hereby sets a pretrial hearing for the action to remove the mayor on May 19, 2026, to entertain motions, witness lists, requests for summonses, and all other related matters for this removal action. All motions, witness lists, requests for summons, and related filings must be filed with the City Secretary five days prior to the pretrial hearing. Section 2. The City Council hereby adopts the attached RULES OF PROCEDURE FOR CITY COUNCIL HEARING FOR REMOVAL ACTION UNDER THE CITY CHARTER. PASSED and APPROVED on the 1 0day of /*� ATTEST Paulette Guajardo, Mayor Reb ca Huerta, City Secretary , 2026. I, the City Secretary of Corpus Christi, Texas, certify that the Corpus Christi City Council adopted and approved Resolution No. 033904 on April 14, 2026. Pursuant to Article II, Sec. 6 of the City Charter, the resolution became effective seven days after being presented to the mayor, without her signature. fiS3 904 SCANNED RULES OF PROCEDURE FOR CITY COUNCIL HEARING FOR REMOVAL ACTION UNDER THE CITY CHARTER Parties There shall be two parties to the proceeding: (1) Council Member subject to removal and (2) Petitioners. Each party shall be represented by no more than one person, who shall, on behalf of his/her respective party, make an opening statement, present evidence, examine witnesses, and make a final statement. The City Attorney's Office is not a party hereto, is not an advocate for either party hereto, and has no role in either prosecution or the defense of this case. The City Attorney's Office will advise the City Council in the hearing pursuant to the duties and responsibilities established by the City Charter, Article IV, Sec 10 (a). Legal advice includes, but is not limited to, advising the City Council on Charter and Ordinance requirements, procedural matters, and potential options. II. Order of Appearance A. Each party will make an opening statement before any evidence is presented and may make a closing argument after all evidence has been presented. B. The Petitioners have the burden of proof and may make the first opening statement and the last closing argument. The Petitioners shall present their evidence prior to the presentation of evidence by the Council Member subject to removal. Rebuttal evidence by all parties shall be allowed. III. General Rules A. Except for the admission of hearsay evidence, the technical rules of evidence for court proceedings shall not apply. Hearsay evidence shall not be admissible. B. Irrelevant, immaterial, or incompetent evidence shall not be admitted. Unduly repetitious or cumulative evidence shall not be allowed. C. Evidence will be admitted if it is of the type commonly relied upon by prudent persons in the conduct of their affairs. D. Objections to evidence may be made by any party. The presiding officer shall rule upon the admissibility of evidence, but if any other member of the Council requests with regard to particular evidence, a vote of the Council shall determine whether the evidence will be admitted. E. Evidence may be stipulated by agreement of all parties. F. The burden of proof shall be on the Petitioners. IV. Evidence - Witnesses A. Oaths - All testimony shall be presented under oath. The oath may be administered by the presiding officer, or any Notary Public. Any attorney testifying 2 to facts shall also take the oath. An attorney representing a party who does not testify does not take the oath. B. "The Rule" may not be invoked and witnesses will not be excluded from the hearing room during testimony of other witnesses, unless the Council specifically orders. C. The witness offered by a party may be cross-examined by the other party. D. Following the directed cross-examination of a witness by a party, the witness may be examined by members of the Council. E. The presiding officer or other members of the Council, through the presiding officer, may call witnesses. All parties may cross-examine such a witness. V. Evidence - Exhibits A. An exhibit shall be first marked for identification by the City Secretary or presiding officer and identified by the testimony of a witness or by affidavit. The exhibit may then be offered for admission into evidence. B. Every exhibit marked into evidence shall be retained by the City Secretary as a part of the record of the proceeding. C. A copy of any document may be used instead of the original, except where there appears to be a substantial reason to suspect the accuracy or authenticity of the copy. VI. Record The record of the proceedings shall consist of the minutes of the City Secretary and the exhibits admitted into evidence. VII. Burden of Proof The burden of proof in this case is upon the Petitioners. The standard of persuasion is a mere preponderance of the evidence. "PREPONDERANCE OF THE EVIDENCE" means the greater weight and degree of credible testimony or evidence introduced before you and admitted in evidence in this case. VIII. Deliberations Following the presentation of evidence and the arguments of the parties, the Council may deliberate in public or in closed session. The Council shall adopt findings of fact regarding the charges presented by Petitioners. An affirmative vote of a majority of all Council members holding office shall be required for the removal of the Council member challenged. The council shall additionally have the authority to reprimand or suspend a member for a period of not more than thirty days if removal is not warranted. 3