Cortez v. Casiano
Cortez v. Casiano
Opinion of the Court
OPINION
This is an appeal arising from a dispute over which city official of the City of Donna, Texas has the authority under Tex.Loc. Gov’t.Code Ann. § 392.001 (Vernon 1988) to
Our review of the granting or denying of a temporary injunction is limited to a determination of whether there has been a clear abuse of discretion by the trial court. State v. Southwestern Bell Telephone Co., 526 S.W.2d 526, 528 (Tex. 1975). The applicant for injunction must show a probable right to recover and probable injury if the relief is denied. Sun Oil Co. v. Whitaker, 424 S.W.2d 216, 218 (Tex. 1968).
Here, the case was submitted on agreed stipulated facts and exhibits. The controversy, therefore, centers around the interpretation of Tex.Loc.Gov’t.Code Ann. § 392.031 (Vernon 1988) which provides:
(a) If the governing body of a municipality adopts a resolution declaring a need for a housing authority, the governing body shall promptly notify the mayor of the adoption. On receiving the notice, the mayor shall appoint five persons to serve as commissioners of the authority.
(b) A commissioner may not be an officer or employee of the municipality.
(c) A certificate of the appointment of a commissioner shall be filed with the clerk of the municipality. The certificate is conclusive evidence of the proper appointment of the commissioner.
The term “mayor” is defined by Tex.Loc. Gov’t Code Ann. § 392.002(7) to mean “the mayor of a municipality or the officer given the duties customarily imposed on the may- or or executive head of a municipality.”
The City of Donna is a home rule city. The powers and duties of the mayor are set forth in the City Charter, article II, § 11 which states, in part:
The Mayor shall preside at all meetings of the Council and shall be recognized as head of the City government for all ceremonial purposes, for the purpose of receiving civil process, and for military purposes, but shall have no regular administrative duties.
The city manager’s function are set forth in article VI, §§ 1 and 2 of the city charter which states, in part:
Section 1.
The Council shall appoint a City Manager who shall be the chief administrative and executive officer of the City. Section 2. POWERS AND DUTIES OF THE CITY MANAGER
The City Manager shall be responsible to the Council for the proper administration of all affairs of the City and to that end he shall have power and shall be required to:
(a) Appoint and remove any officer or employee of the City except those officers appointed by the Council and except as otherwise provided by this Charter.
(b) Prepare the budget annually, submit it to the Council and be responsible for its administration after adoption.
(c) Prepare and submit to the Council as of the end of the fiscal year a complete report on the administrative activities of the City for the preceding year.
(d) Keep the Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable.
(e) Appoint, deemed necessary by the City Manager, a qualified administrative officer of the City to perform his duties during his temporary absence or disability.
(f) Perform such other duties as may be prescribed by this Charter or required of him by the City Council, not inconsistent with the provisions of this Charter.
The charter of the City of Donna specifies that the mayor shall not have administrative duties, but shall be recognized head of the city only for ceremonial purposes. The Charter provides that the city manager
Case-law data current through December 31, 2025. Source: CourtListener bulk data.