El Paso City Council votes to deny former mayor's $700,000 legal claim

Video by Rudy Gutierrez / El Paso Times

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Former El Paso mayor John Cook speaks to the news media outside city council chambers Tuesday after council unanimously denied his request to have the city pay his legal bills arising from a recall effort while he was mayor.

Former Mayor John Cook's claim that the city should pay his $550,000 legal bill that stemmed from fighting a recall effort was unanimously denied by the City Council on Tuesday.

In a prepared statement, the city said that Cook initiated a suit tied to his recall as an individual and not an elected official, and that city had not approved the litigation.

"The council's decision turned on multiple factors, including the fact that Cook initiated this suit in his individual capacity, that the litigation was not authorized by the city, and the underlying litigation is still pending," the statement reads.

City officials would not comment further on Tuesday and said it's a legal matter they can't discuss. With the council rejecting his claim, Cook now has the option to fight the decision through a lawsuit.

After the vote, Cook said he would take time to consider whether to sue the city and added that he believes he has a valid claim.

"I stood alone on this issue from day one," said Cook, who last week put his legal bills at about $700,000. "It doesn't seem like anybody in the city of El Paso thought the election codes were important to us, which is why I had to stand alone

and file my lawsuit."

Cook fought the recall and took Bishop Tom Brown and Word of Life Church to court claiming Brown violated the law by circulating recall petitions in the church. The 8th Court of Appeals agreed, but the matter remains tied up in the courts. The process has lasted more than two years.

Cook claims that city lawyers gave the council bad advice when they okayed holding a referendum election spurred by a petition led by Brown and other religious conservatives. Voters did away with health benefits for domestic partners. Cook broke a tie and voted to restore them.

That advice, Cook claims, goes against arguments that the city made to fight one of the petitions that attempted to stop the demolition of the former City Hall building.

City attorneys have argued that the charter does not allow for a vote of the people to reverse actions already taken by the council, and that it only provides citizens a process to initiate new legislation. At issue has been whether the partner benefits

question that went to voters was a referendum or an initiative, which refers to original legislation. The City Charter allows referendums, which overturn ordinances approved by council, only in collective bargaining agreements.

"Neither Mr. Cook's assertion that the November 2010 referendum was improper nor his success in enjoining illegal corporate campaign activity entitles him to payment of his attorney's fees," the city statement reads. "Fortunately for Mr. Cook, if he prevails in the pending case, he will be able to ask the trial court to order that his fees be paid by those found to have harmed him."

In April, Cook made then withdrew a similar request to council and said he needed more time to prepare his arguments.

Cook, 67, left office last month. He was ineligible to run for re-election because of term limits.

Cindy Ramirez may be reached at 546-6151.

Source: http://www.elpasotimes.com/ci_23714153/el-paso-city-council-votes-deny-former-mayors?source=rss_viewed

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