In a press release Thurs., July 6, which clarifies the circumstances of a June 29 council motion to dismiss Spur Police Chief Billy R. Spears from his post, the City of Spur has confirmed that a 4-2 vote of no confidence in the chief's performance was sufficient to remove him from office.
The Texas Spur reached Mayor Louise Jones this afternoon by phone. Jones explained that the city must keep reasons for the decision confidential. 'Anything that pertains to personnel goes into executive session,' Jones said, 'no matter who they are.'
Spears, also reached by phone, said, 'It was my pleasure and joy to serve the City of Spur. I enjoyed my tenure here.' He added, 'I'm only sad that the council felt as they did.' Spears confirmed that it was his plan to continue residing in Spur. His wife, Darla, who owns and runs G-ma's Café on Burlington Avenue, assured readers on social media that her business would continue, as well.
The press release reads: 'At the June 29th City Council meeting, the City Council had on the agenda and a vote was taken on a resolution to dismiss the Chief of Police for a lack of confidence under Texas Local Government Code Section 22.077(b). The vote ended in four members of the City Council voting in favor of the resolution with two members voting against the resolution. After the vote was taken, the Mayor asked the City Attorney what that meant, and the City Attorney incorrectly stated that the motion did not pass believing that the statute required an affirmative vote of twothirds of the governing body.'
'However, the plain language of the statute requires 'two-thirds of the elected aldermen vote in favor of the resolution' as opposed to two-thirds of the entire governing body.1 In this case, that would mean the resolution needed four votes for the resolution to be effective and that requirement was met. As such, based on the plain language of the applicable statute, the Chief of Police was removed from his office at the June 29th City Council meeting.'
'1 Texas Local Government Code § 22.077(b) states '[i)f the governing body lacks confidence in a municipal officer appointed by the governing body, the governing body may remove the officer at any time. The removal is effective only if two-thirds of the elected aldermen vote in favor of a resolution declaring the lack of confidence.'
According to Mayor Louise Jones, the press release was prepared by city staff with the assistance of city attorney Matt Wade.
Regarding the city's interim planforlawenforcement, the mayor said that Officer TaylorHowertonwillremain onduty,withassistancefrom the Dickens County Sheriff's Office if needed, The S.O. is not in any contractual arrangement to do so but has been 'helping us out,' Jones said.
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