Lawsuit filed against Reno mayor over disincorporation petition

A legal battle is brewing between a Reno elected official and community members who say they just want the right to vote.

Eric Hunter, Joy Jenkins and Jennifer Vogle filed the civil suit in the 415th District Court of Parker County on Oct. 4 after a petition to bring a vote on disincorporation for next year's ballot was rejected.

Residents attended a meeting Monday at Reno City Hall to voice their concerns over the council's vote to reject.

"Where do you have that authority to give something that is in your hands over to basically pass the buck?" Diane Blair asked, addressing Reno Mayor Sam White, who is named in the lawsuit. "The mayor was supposed to turn this over and order an election if we followed all the procedures, which we have. It was submitted to you and nothing has been done.

"It's not a question of if this is something you want or don't want... we have rights as citizens of Reno to at least be heard. We have the right to vote on an issue."

Members of the Reno city council, in a special meeting in August, unanimously voted to reject the petition "as it did not meet the criteria required to put it on the ballot," according to an email obtained by the Weatherford Democrat.

The petition was originally submitted Aug. 2 to Reno as well as the Parker County elections administrator with more than 490 signatures, well beyond the minimum requirement of 400.

Roughly 120 of the submitted signatures were deemed by the city to be invalid initially. Some, however, were later verified after the county elections office found that a specific range on South Reno Road was within the city limits of Reno, though it was not designated as such in the database, Administrator Crickett Miller said. The discovery was made after the list of registered voters was given to the city of Reno to verify, and Miller said she sent an updated list to the city Sept. 8.

"We are here because the petition has been mishandled by the mayor, on advice of the city attorney, who also has a vested interest in preventing any issue from coming to a vote," Jenkins said Monday. "Among the qualified voters rejected, at least 10 were rejected because it appears one person signed for two people. My husband and I were two of those people. We each signed our own name and we signed affidavits attesting to that, and we're still not counted.

"All the city had to do was reject enough qualified voters, and it succeeded in suppressing the vote of the 499 voters."

White, reached by email Wednesday morning, said he would have to defer questions to city attorney due to the ongoing suit, and attorney Dottie Palumbo did not respond to a request for comment.

Following public comments, the council met in executive session before coming out and voting 4-1 (Jeff Davis was the lone nay) to retain Messer, Fort and McDonald, PLLC, to represent the city in the suit, though the city is not specifically named.

Vogle said she attended and spoke at the previous city council meeting about concerns with taxpayers funding White's legal fees.

"According to the contract I read, the cost of holding an election is $5,000, but we are already holding an election in May so that doesn't apply," she said. "Why not just avoid paying an attorney with taxpayer money by just following the law and put the petition to disincorporate on the ballot?

"Is the mayor just going to keep putting this on the agenda until he gets his way?"

Others Monday thanked the mayor and council for upholding their responsibilities to protect and serve, suggesting petitioners should work with the council on the validity of the rejections as opposed to filing a "frivolous" lawsuit.

"This lawsuit is not against the city ... it targets a specific city official, and while the city is not specified in the lawsuit, the city is associated with the lawsuit," one resident said. "The ultimate decision to reject the validity of this petition was put to city council for a vote. Each of the members are responsible for casting their vote, and now is the time for each to stand behind the judgement call.

"I believe a strain will be placed on the city and the city council ... if it is decided not to support an elected city official who is performing his civic responsibilities."

Reno has a population of roughly 3,500 residents, according to the latest U.S. Census data.

Should the disincorporation issue be placed on the May ballot, in concurrence with the mayoral election, and be approved by voters, the city, which partially extends into Tarrant County, would be governed by Parker County and lose its water and police departments. Electricity is provided by Tri-County Electric.

A message left for White seeking comment on the lawsuit was not returned by press time.