Odessa attorney Gaven Norris’ lawsuit against the City of Odessa over its violation of the Texas Open Meetings Act last December has been dismissed. Norris said he intends to appeal.
On Dec. 13, the Odessa City Council fired City Manager Michael Marrero and City Attorney Natasha Brooks without explanation and without allowing members of the public to comment on the matter prior to the 5-2 vote.
Norris filed his lawsuit against the city on Dec. 22 and on Jan. 9, the city council voted to fire the pair again, but this time after allowing citizens to voice their opinions.
Jeff Whitfield, an attorney hired to represent the city, asked Ector County District Court Judge John Shrode to dismiss the lawsuit arguing it was a moot issue given the Jan. 9 meeting and Shrode agreed.
The judge declined to rule as to whether the city violated the meetings act Dec. 13 because he wasn’t there, but said they clearly complied with the law on Jan. 9.
The judge also told Norris he didn’t have the authority to order the city how to proceed in the future. It would be akin to a judge telling a criminal not to commit crimes in the future because everyone is required to follow the law. He further declined to award Norris attorneys’ fees.
Following the hearing and after Shrode left the bench, the judge’s bailiff, Joe Alvarado, brought City Attorney Dan Jones back into the courtroom after several people, including former City Councilwoman Mari Willis, accused him of illegally recording the proceedings.
After conferring with Jones, Whitfield assured the bailiff and the official court reporter, Breck Record, Jones did not record the proceedings.
Norris said he intends to subpoena the courtroom’s video surveillance and if it’s clear Jones did record the proceedings he will ask Shrode to impose sanctions.
“As an attorney he knows better than to record in a courtroom, plus it’s clearly posted on the courtroom door,” Norris said.
Jones was sanctioned by now-retired Ector County Judge James Rush in late 2021 while representing the city in a vehicle crash-related lawsuit as a senior assistant city attorney.
Rush found Jones had filed a frivolous motion, signed pleadings that were “groundless and brought in bad faith” and contained unsupportable factual and legal allegations. The judge opined that Jones filed a motion “for the purpose of harassment and interposed for the improper purpose of causing needless increase in the cost of litigation.”
The judge ordered the city to pay the plaintiff’s attorney $5,000 and Jones was ordered to pay $2,050.
