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Posted: 5:36 p.m. Wednesday, Feb. 20, 2013
VINTON, Texas —
Council members in Vinton are trying to pass reckless resolutions that could land the village and themselves in legal trouble, and on Wednesday, Mayor Madeline Praino said those resolutions likely won't be enforceable.
Juvencia Rios Ontiveros, Martha Garcia and Maria Medina voted to cancel the village employees' retirement funds, against the advice of their attorney, who told them the action could lead to lawsuits or charges of retaliation.
Praino said the village's contribution to the retirement funds is a very tiny portion of the village's budget. It only contributes 3 percent of an employee's salary for fewer than 10 employees.
Praino said because the resolution went against legal counsel, she doesn't believe they will take any action on it.
Nor will the village enforce another resolution passed by the three majority council members, one to have elected officials pay back travel expenses from June 2011 to the present, since those expenses were already approved in the 2011-2012 budgets.
"According to legal, it's not something that we should abide by," said Praino.
Another resolution Ontiveros wants to pass is to give council the ability to hire and fire employees; legal counsel also advised that that too could open the village up for lawsuits ranging from retaliation to wrongful termination.
"For me, I will fight against it. I know what my staff is doing, I know they are competent and I know that they are loyal, and I will fight," said Praino.
Praino said it's also not council's responsibility to hire and fire employees.
"That is not your duty, your duty is to legislate and approve projects, not to micro-manage, and that's exactly what she is trying to do, micro-manage," said Praino.
As we've reported, Ontiveros already has been arrested and charged with felony retaliation for her actions against a village employee. All three council members face being forcibly removed by a district court judge, accused of dozens of violations of state and local laws.
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