BASTROP, Texas — On Tuesday evening, the interim city secretary informed the Bastrop City Council that she is unable to render a decision on whether a petition to remove Mayor Lyle Nelson from office is sufficient or not.
The city clerk said the petition didn't have the right documents to be put on the November ballot.
In April, Nelson was given an official reprimand by the Bastrop Ethics Commission for interfering with a financial investigation of the former Visit Bastrop CEO and then lying about his affair with that CEO.
Nelson's attorney disputes that, saying the commission already cleared him.
City Councilmember and Mayor Pro Tem John Kirkland told KVUE in July that, by citizens’ request, they started collecting signatures for a petition to recall the mayor. If the signatures are eventually approved by the city clerk, people could vote in November to remove Nelson.
According to city documents, the recall petition had more than 1,600 valid signatures, but it didn't have affidavits that were required to go with each page of signatures.
The problem is that city staff approved the form that petitioners used for this, so the city may let the petitioners fix issues and let the process move forward. The city charter allows petitioners to fix the problem and for the accused to have a hearing on it, but that's supposed to happen 90 days before the election.
Nelson's attorney argues this process shouldn't go through the city council and instead should go through the courts.
At the council meeting, Nelson addressed community members about the petition.
"There is no evidence that I committed any crime, nor any evidence that our calls were condoned, any public funds to be improperly spent. All I did was resist an unlawful invasion into my constitutional right of privacy. That is why I have felt these unwarranted, malicious attacks on me, on my right of privacy and on the office of the mayor," Nelson said.
The mayor went on to say that the number of signatures on the petition has his attention and he has some work to do to restore their faith.
Kirkland said it is disappointing to see there are technical issues with the form, but he is determined to move forward no matter what.
"The petition is an effort to restore integrity to the office of the mayor and to really the city council. But I think, you know, win or lose at the ballot box, we'll have an answer," Kirkland said.
The interim city secretary said she will continue to do her research and has 30 days to make a decision.