The Houston City Council voted Monday night to part ways with its attorney, with the mayor breaking a 3-3 tie after months of conflict.
Sean Smith, who was hired in May 2023 after Brad Eidson became an associate circuit judge, offered to resign after tense discussions related to an alley near Forbes Pharmacy, a section of Hill Street near the school’s football field and work on a resolution. The discord reached its peak when Smith stated that he had not prepared work for a resolution at the mayor’s request.
“If the mayor or the council would like me to tender my resignation tonight, I would do that,” said Smith.
“I would,” said Mayor Sam Kelley.
Ward I Alderman Fred Stottlemyre made the motion and Ward III Alderman Don Romines seconded it.
After an initial vote, a roll call vote was taken, with the council split 3-3. Ward II Alderwoman Sheila Walker, Romines and Stottlemyre voted yes. Ward I Alderwoman Chelsye Scantlin, Ward III Alderwoman Kim Bittle and Ward II Alderwoman Ann Tottingham voted no.
“If it comes down to me, I’m going to say yes,” said Kelley of breaking the tie.
WHAT LED TO THE DECISION?
Earlier in the meeting, discussion concerning an alley near Forbes Pharmacy on Grand Avenue caused tension between Smith and the council.
Smith, who runs his law practice near the alley, believes that it obstructs the flow of traffic and is in violation of city ordinances and state laws. Kelley suggested that it be designated a one-way street going west to mirror a similar alley next to a Grand Avenue restaurant. According to Kelley, Brad Evans, police chief, stated that would be the best solution.
Early in 2024, Walgreens announced plans to close the pharmacy, ending a legacy that began in 1866. Rinne Pharmacy, which has an outpost in Licking, reopened the location later in the year, featuring a drive-thru window that it said was critical to serving customers. Several council members stated support in doing “whatever it takes” to make sure the business can keep the drive-thru.
“We’re going to do everything we can to keep every d— business we have downtown there,” said Romines.
A heated discussion followed in which Smith, who also serves as municipal prosecutor, advised the city that it would be breaking its own ordinances and state laws. He also stated that the city is selectively enforcing its junk vehicle ordinances.
“I’m not the enemy, I’m just telling you the law,” said Smith.
The council discussed a section of Hill Street running through school property. Kelley said the school has owned the land for years, according to a title company, and the council decided a quitclaim deed from the city was unnecessary. Smith offered to purchase the street himself at a previous meeting.
Additionally, the council postponed votes on resolutions related to building codes for a sports complex and a small business project.
To end the meeting, concerning Smith, Kelley said, “I have a real problem when people don’t do their job. They can come up with what excuses they have or want to come up with. I was at this point two weeks ago but I gave him a second chance and spoke to him myself. He took this prerogative himself.”
Smith did not respond to a request for comment.
Update: After online publication of this article, Smith said “I offered to voluntarily tender my resignation, which I ultimately did.” “In fact, the purpose of the vote was to reveal which aldermen supported the political gambit of the mayor.”