Jan. 4—Within hours of terminating Odessa City Manager Michael Marrero Dec. 13, Mayor Javier Joven signed a $338,000 contract with a one-year-old company to "provide professional services for the benefit of the interim city manager."

The City of Odessa also provided the company, T2 Professional Consulting, an initial payment of $50,000 on that date.

Joven's actions prompted District 2 City Council member Steve Thompson to accuse him of trying to change the City of Odessa's form of government and engaging in an illegal activity.

"We operate under a strong city manager, mayor as a figurehead..." Thompson started to say .

"Used to be," Joven interrupted.

"That is the way it is today. That's what the charter says," Thompson said during Tuesday's council meeting. "So you're trying to change our form of government. You want to be a strong mayor and (have) a weak city manager."

Thompson accused Joven of signing the contract with T2 despite the fact the rest of the council has not vetted the company, which was founded by Michael Wilson, a retired Keller police chief.

"We know nothing about this man. He's been in business for a year. He's an ex police chief. I don't know that he has the qualifications to be a consultant for this complicated of a process. He doesn't have a staff. He works out of his house," Thompson said.

District 3 Council member Gilbert Vasquez also expressed surprise about the agenda item.

"It seems like there's a request here for this council to eventually agree on or vote on a $338,000 budget item for the benefit of the interim city manager. It doesn't say anything about that $338,000 helping us search for a city manager," Vasquez said.

Joven said T2 will help the city find Marrero's replacement. He accused city staff of leaking information, working "in cahoots" with the media and creating a false narrative.

He also insisted there was nothing illegal about his actions.

Restraining order

For several hours it looked like the city wouldn't need to find immediate replacements for Marrero or City Attorney Natasha Brooks, who was terminated during the same Dec. 13 meeting.

Civil rights activist and attorney Gaven Norris filed a lawsuit against the city alleging his and other citizens' rights were violated by Joven when he refused to let them speak prior to the vote.

He followed up by filing a motion asking Judge John Shrode of the 358th Ector County District Court to issue a temporary restraining order essentially voiding Marrero and Brooks' termination and the appointments of Interim City Attorney Dan Jones and Interim City Manager Agapito Bernal.

A hearing date of Jan. 10 was scheduled, but Shrode granted Norris' motion for the temporary restraining order Tuesday, stating irreparable harm would be done if he waited for the Jan. 10 hearing.

The judge said the city council could not move against the pair or appoint interim people unless they heard from citizens prior to any such vote. According to court documents, Shrode was to determine if his order should be made a temporary injunction pending a final hearing on the lawsuit on Jan. 10.

However, the judge rescinded his restraining order on Wednesday after the city council scheduled a special city council meeting for 9 a.m. Monday to take up the terminations and interim appointments again. According to the agenda, members of the public will be able to address the council prior to the vote.

Contract details

The contract states T2 will provide Bernal training in "leadership processes and tools," "recruitment and selection" and "group development and engagement." It doesn't specify what jobs fall under recruitment and selection.

In another part of the contract, it says T2 will conduct "diagnostic meetings" with city leadership and internal and external stakeholders, create a "benchmark" committee and guide the council in public relations.

The committee will select a team of three to five subject matter experts and discuss "why does the job exist"?

In addition, the benchmark committee will "provide unique insight as to the key accountabilities needed for the interim city manager and next city manager."

Joven said his actions were based on the council's actions of Dec. 13. He and Thompson argued back and forth and Thompson also asked Joven if a deposit had been made, which it had been.

"The action taken by the council is a legal process and so this is a budget item," Joven said. "No money, uh, $338,000 has been written or given, either by me or a member of this council."

Following the meeting Joven clarified the city did pay T2 with an initial $50,000.

Joven said just because the city has always done things a certain way doesn't mean the council should continue to do things that way and T2 will help provide some guidance.

He said T2 will help the city ensure the right people are in the right positions and are trained properly.

When Joven got to the item on the council's agenda, Thompson immediately asked if the contract had already been "issued and paid for."

Justified action?

Joven responded by saying the council voted on Dec. 13 to take "any and all" action necessary "to seek services to be able to go out and commence the process of looking for a city manager."

The mayor said that discussion took place and that's why they were now discussing the budget item.

Thompson and Joven then got into an argument that prompted Jones to intercede.

"You unilaterally made a decision to go with this company, you signed a contract the day after you fired the current city manager..." Thompson said.

"Council," Joven interrupted loudly. "The council removed and reappointed the appointees. Let's make that clear. Council."

"It's OK. Call it whatever you want. Are you OK? Are you OK?" Thompson said.

"Be correct in what you are saying. Often times you're putting words in my mouth," Joven chided Thompson.

"I asked you a question," Thompson replied.

"You were making a statement," Joven said.

"Gentlemen, please. Let's settle down," Jones jumped in. "We do not need to get into this."

Thompson went on to ask again if the contract had been executed and if a deposit had been made. If so, the council member pointed out no request for proposals was ever issued, T2 is only 15 months old and the company has not been vetted by the entire council.

Thompson also said the contract wasn't part of the packet the council members receive prior to meetings. He said he had to ask for it from the city secretary because Jones was unable to provide it, which he thought was odd given his position as interim city attorney.

"I think we have an illegal contract that you, personally, Mayor, personally got the money for and gave it to the consultant...therefore you have bound the City of Odessa to a $338,000 contract without council approval," Thompson said.

Joven asked Jones if his actions were covered by his Dec. 13 motion to take "any and all" actions necessary to fire Marrero and start a search for a replacement.

"My understanding of the law means if you wanted to go to the Empire State Building in New York City, stand on top and say 'Hey does somebody want to come work for the City of Odessa,' that could be any and all possible action," Jones replied. "That's how far 'any and all' goes."

A recording of the Dec. 13 council meeting shows Joven and City Council member Mark Matta were repeatedly interrupted by Norris while they were making their motions regarding Marrero and Brooks and their interim replacements so it's not clear what their actual motions were. Norris was expressing his displeasure at not being allowed to speak about the terminations prior to the vote.

Difference of opinion

Joven told Thompson it was only his opinion that the city is now committed to paying T2 $338,000. He said the contract is open-ended and the price tag is up to $338,000 for 12 months and he did not anticipate needing their services for that long.

However, the contract itself does not give the length of the contract, nor does it place a limit on the contract amount. Instead it states, "City shall pay professional for services actually performed, a monthly set fee of $24,000 for an annual base professional fee of $288,000. Payment One is due at the time of the execution of this agreement shall be a fee of $50,000."

The contract states T2 shall work under the direction of Joven, the council or their designee. Moreover, it says all notices, communications and reports must be given to the City of Odessa, Attention Mayor Javier Joven. It also provides a personal email address of [email protected]

In addition, the contract states T2 cannot share any reports, information, data or other documentation "without the express prior written approval of council."

Forensic audit

Joven and Thompson also got crosswise with each other on another agenda item.

Joven brought up the possibility of having a forensic audit done on the city's finances and became upset when Thompson accused him of suggesting the city staff has engaged in wrong-doing.

Forensic audits, by definition, attempt to find illegal financial activity, Thompson pointed out.

"Well this would clear us of any of those accusations," Council member Denise Swanner said.

"I'm not making an accusation. Once again I want to clarify for the record. Mr. Thompson once again spoke for me," Joven said.

The mayor said the city has not followed the common practice of changing auditors every few years and he wants an audit of the city's annual audits.

Raises

In other action, the city council also learned that when it voted to give the city's public safety personnel immediate raises on Dec. 13, some positions weren't included. In addition, he said adjustments need to be made to avoid compression, the phenomenon that leads to less experienced employees being paid more than long-time employees.

Director of Finance Larry Fry told the council to fix the issue, the city will have to add an extra $60,000 in salaries to the $5.8 million council members have already set aside for the raises for the next two years.

In addition, he said the city will be responsible for another $1 million in benefits.