Brittany Kelley
KYLE — After Kyle City Council member Claudia Zapata alleged that she was threatened at a previous meeting, she brought forth two items at the April 7 meeting regarding the Rules of Council and Code of Conduct.
Prior to the meeting, Zapata took to social media to explain that a resident “stood at our public podium and threatened me … He was angry because I am outspoken about the things I was elected for … So, tomorrow I am bringing two items before this council, not just because of what happened to me, but because of what it means if we do nothing.”
She then explained that the items would establish potential consequences for the individual leading the meeting if they do not enforce the Rules of Council. This would prevent the allowance of “personal attacks … [and] closes the gap between what our rules say and what actually happens in real life situations.”
Additionally, a Code of Conduct would be created for those that serve in official capacities, such as sitting on committees, commissions, advisory boards and more, since there is currently not one in place.
At the meeting, several community members took to public comment to voice opposition to the proposed items, one of whom was Michael McDonald.
“Agenda item 35 says that you would like to amend the Rules of Council. This is called intimidation and trying to change the rules to silence dissenting voices; shame on you, council member Zapata. I am both a resident of Kyle and a legal citizen of the United States of America. I have the First Amendment that protects my freedom of speech,” said McDonald. “Regarding agenda item 36, this proposed amendment also uses fear and retribution to silence citizens of Kyle, who are serving on city boards, commissions and advisory bodies by using fear to control the dissenting voices of these citizens.”
Resident Alicia Hill stated that Zapata is incorrectly using her position as a council member and needs to represent all residents of the city, not only her “secular groups.”
There were also attendees that were in support of the items, such as resident Paige Giordano, who agreed that Zapata was threatened.
“Updating the city’s Code of Conduct and rules benefits Kyle in the future. If something of this magnitude were to happen again, when both mayor and mayor pro tem fail to act,” said Giordano.
She also went on to criticize the mayor and other elected officials' online interactions with residents, stating that “as a resident of Kyle, I feel kind of embarrassed about how all of this is going on. I feel like it’s unprofessional and unbecoming of elected officials and I’m begging everyone on this dais to do better.”
Hays County resident Monica Becerra also spoke.
“I’ve heard some suggest that any rules protecting government officials might somehow infringe on free speech. I want to address that directly. The First Amendment is one of our most sacred rights and I am not here to diminish it in any way. Political discourse — even harsh, uncomfortable, pointed political discourse — is fully protected,” said Becerra. “What is not protected and what has never been protected is a threat against another person. The law has always drawn the line and now, I’m asking this council to draw it locally, clearly, firmly and on the record.”
Zapata began the discussion by stating that other cities across the state have similar frameworks, making it standard governance practice that ensures accountability.
She stressed that the item is not simply about her experience, but the need to take a stance before something terrible happens. Both council members Lauralee Harris and Marc McKinney were in agreement, with the latter sharing that he feels “nothing wrong with coming up with a little bit of a formula, so that we’re at least more prepared when things happen. So, that there’s a game plan in place.”
Council member Courtney Goza stated that the resident that spoke was frustrated and the Supreme Court states that a threat “must be a serious expression of intent to commit unlawful violence. That standard is nowhere close to being met here.”
Regarding the Code of Conduct for those representing the city, council member Melisa Medina stated that there are two identities of an individual serving: on the dais and as a resident. So, she emphasized allowing residents to still be residents, whether or not they sit on a board.
On this same note was Mayor Yvonne Flores-Cale, who shared that she had to vote whether an individual got to sit on a commission after the resident made racist remarks toward her: “That was not comfortable for me. These are the hard things that we have to put up with as elected officials and I’m not saying it’s fair, but I’m saying that boards and commissions are entitled to say what they feel.”
The mayor also noted that the Rules of Council were brought forth in January and no requests for changes were made.
“I’m simply asking for us to have a discussion about those rules, to have that research done and be brought to us, so we can discuss it because I do not want it to escalate,” said Zapata.
She then made a motion to direct the city manager to research and return proposed amendments to the Rules of Council, with a second from Harris. McKinney also voted to approve the item, but because council member Michael Tobias was absent and could not break the tie, the item failed 3-3, with Goza, Flores-Cale and Medina dissenting.
The item regarding a proposed Code of Conduct for city board, commission and advisory members passed 6-0.
