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Temporary restraining order against Donna commissioners remains in effect

Temporary restraining order against Donna commissioners remains in effect
6 days 15 hours 44 minutes ago Tuesday, September 10 2024 Sep 10, 2024 September 10, 2024 3:38 PM September 10, 2024 in News - Local

A temporary restraining order remains in place against two Donna city commissioners accused of violating the Texas Open Meetings Act.

The restraining order prevents Ernesto Lugo and Oscar Gonzales from voting on the employment of Donna’s city attorney and city manager.

“We are obviously disappointed that the court could not resolve the matter today,” Kieth Livesay, the attorney representing Lugo, told Channel 5 News following a Monday hearing on the TRO.

The TRO was filed by Donna Mayor David Moreno and city attorney Robert Salinas. Both men accused Lugo and Gonzales of holding a secret meeting to discuss city business.

READ MORE: Temporary restraining order accuses Donna city council members of violating open meetings law

“Factually, it's premised on a false story. Legally, there is no authority for a TRO,” Livesay said.

Commissioners Lugo and Gonzales were served with the TRO during an August 26 city council meeting to discuss and possibly replace Salinas and Donna City Manager Carlos Yerena.

Moreno claimed city commissioner Jesse Jackson told him about the alleged meeting, but Jackson has since submitted an affidavit saying otherwise.

“We originally anticipated he was going to cooperate with us, that he was going to be truthful in his accounts of an illegal meeting,” Jay Peña — the attorney representing Moreno and Salinas — said on Monday. “But he filed an affidavit this morning changing positions. We feel it necessary to have him here present to testify.”

The next hearing on the TRO is set for Friday, September 20. The TRO will remain in effect until then. 

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