Algoe’s Story: How to Redress a Grievance with Local Government

Snapshot at Development Standards Review Task Force meeting on August 10, 2021

During the April 6th City Council regular meeting, resident Randy Algoe served Mayor Patrick McNulty, Councilmen Joseph Ricco, City Attorney Edmund Cyganiewicz, and City Manager Randy Smith with a Notice of Violations of the City Home Rule Charter.

According to the document, Algoe wrote several claims against council members for

defamation;

misconduct;

false and fraudulent statements;

violating the Texas Open Meetings Act (TOMA);

creating false government records; and

causing injury to Algoe's future business.

Previously, Algoe went before City Council and the Development Standards Review Task Force (DSRTF) to use his alleged multi-use property to rent space to food trucks on his property.

Although City Council originally agreed to grant him the use of two food truck permits with the staff recommendation, Public Works Director Alejandro Sanchez scouted the property and advised city ordinance requires parking stripes for areas with food trucks. After City Attorney advised the DSRTF to grant him the variance, the board of three motioned to deny the variance in spite of that recommendation.

City Manager Randy Smith and City Attorney Edmund K. Cyganiewicz claim there is no wrongdoing on the City's behalf and found it inappropriate to comment further. "The particular document presented to the City by Mr. Algoe has been relayed to the Texas Municipal League Intergovernmental Risk Pool (TMLIRP) for legal review and any action or response if they determine any further action is even needed."

Steps to Remedy

Executive Director of the Freedom of Information Foundation of Texas (FOIFT), Kelley Shannon, noted that citizens have the power of the press. “The power of the press is an important avenue; the citizens have a right and even a duty to keep watch over their government.”

The remedy process for citizens who do not wish to challenge their local government for fear of retaliation, or having their tax dollars used against them, is the power of the press. Filing a civil suit is another possible remedy process. Shannon recommends those trying to file a civil lawsuit contact a private practice attorney with experience in open government laws.

When asked about the dangers of leaving local governments “unchecked,” Shannon warned it could lead to corruption.

Government professor and former San Antonio Mayor Pro-tem, Dr. Robert Marbut, Jr., offered insight for remedying issues as a citizen and warning for governments who may selectively enforce one ordinance on one person and not on all people. "The warning to our governments at all levels is you have to be very careful not to selectively enforce ordinances, or else you will get in trouble."

Marbut’s advice to citizens is to follow the formal remedy process. "Citizens must follow the formal remedy process outlined in the city charter, ordinances, and code. If not, almost every district court will throw your issue out because you haven't followed the remedy process.”

Dr. Robert Marbut, Jr. holds a three-part Ph.D. in Anti-Terrorism, governance, and political institutions. He also holds a Master's in criminal justice and government. In the past, Marbut has served as Mayor Pro-tem for the City of San Antonio, an employee to three presidential administrations, staff for Governor Greg Abbott and former Governor Rick Perry, and Chief of Staff for the former Mayor of San Antonio, Henry Cisneros.

[This is the first in a multi-part series.]

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