An Ector County District Court judge issued a temporary restraining order against the City of Odessa Tuesday, effectively giving fired City Manager Michael Marrero and City Attorney Natasha Brooks their jobs back. The City has been ordered to appear at a Jan. 10 hearing to discuss the matter further.
Local civil rights activist and attorney Gaven Norris filed a lawsuit against Mayor Javier Joven and the City of Odessa Dec. 22 alleging they violated the rights of citizens when Joven refused to allow them to speak prior to the council’s 5-2 vote to oust Marrero and Brooks Dec. 13.
On Dec. 28, he followed up with a motion asking Judge John Shrode to void the Dec. 13 actions of the council and to issue a restraining order to “maintain the status quo of City Attorney Natasha Brooks and City Manager Michael Marrero to their respective positions prior to the actions taken” by the council.
He further asked the judge to issue an order stating the council cannot fire, remove, demote or interfere with Brooks’ and Marrero’s position without first allowing members of the public to address the city council.
A hearing on the matter was set for Jan. 10, but Shrode granted Norris’ motion Tuesday, writing that there’d be “irreparable injury, loss or damage” to Norris before notice could be served to the City of Odessa and the Jan. 10 hearing could be held.
In addition to voiding Marrero and Brooks’ terminations, Shrode also said the city council is temporarily prohibited from promoting Dan Jones as interim city attorney and AgapitoBernal as interim city manager without allowing Norris and other citizens and members of the public the right to address the city council first.
“Our position remains the same. The mayor violated citizens’ rights during that meeting and he’s hell bent on continuing to do so,” Norris said following the ruling. “He doesn’t want to answer to the people, but he’ll be answering to the Court.”
According to court documents, Shrode will determine if the temporary restraining order should be made a temporary injunction pending a final hearing on the lawsuit.
Interim City Attorney Dan Jones has said he cannot comment on pending litigation.
Norris was one of several citizens who filled out cards to speak on the matter, but Joven skipped that part of the agenda and only allowed them to speak after the vote during a portion of the meeting reserved for speaking out on non-agenda items.
Marrero and Brooks were evaluated in October during an executive session and no action was taken afterward.
The Dec. 13 vote came three weeks after three new council members, who all ran unopposed, were sworn in. One of the three, Gilbert Vasquez, opposed the terminations, along with Council member Steve Thompson.
No explanations for the firings were given during the meeting. In a brief press conference afterward, Joven simply said “adjustments need to be made on the day-to-day leadership.”
City secretary Norma Aguilar-Grimaldo said Joven would not be available for media interviews until Jan. 9 because he was going out of town. However, Joven has since participated in Salvation Army bell ringing and swearing in ceremonies.
Thompson and a handful of city staff members, who requested anonymity, praised Brooks’ and Marrero’s professionalism. The employees also alleged Joven and council members Mark Matta and Denise Swanner have created a “toxic” environment at city hall by micromanaging staff and placing them in fear of their positions.
Assistant City Manager Cindy Muncy announced her Jan. 6 resignation six days after the terminations.
Longtime civil rights activist Gene Collins said he and others are “working on a strategy” to launch a recall petition against Joven and other members of the council.
“We’ve been having meetings. We’re not going off half-cocked,” Collins said.
