The legal battle between local attorney Gaven Norris and the City of Odessa has taken a turn with both sides accusing the other of basically going on fishing expeditions that have nothing to do with Norris’ lawsuit.
On Dec. 13, the Odessa City Council voted 5-2 to fire City Manager Michael Marrero and City Attorney Natasha Brooks without explanation. Norris filed a lawsuit alleging Mayor Javier Joven violated the open meetings act by not allowing citizens to comment prior to the vote.
The city held a special meeting Jan. 9 and again voted to terminate the pair, but after allowing the public to voice their opinions.
An attorney hired to represent the city on the matter, Jeff Whitfield of Fort Worth, has since asked Ector County District Judge John Shrode to dismiss the case because of the actions taken Jan. 9.
A hearing on the matter has been set for March 24.
According to court documents, the parties have asked each other for “discovery” or documents and information they believe is pertinent to the lawsuit. However, each side disagrees on their pertinence.
In early January, Norris served subpoenas for City Secretary Norma Aguilar-Grimaldo and web content specialist Victor Wade demanding they produce documents, agendas and recordings pertaining to the Dec. 13 meeting and the T2 Professional Consulting contract signed by Joven Dec. 14. (T2 is assisting the city council in finding a new city manager.)
Court documents filed by the city also show Norris asked for phone numbers used by certain unnamed people following the Dec. 13 meeting.
Whitfield filed an objection stating those items were irrelevant and “nor likely to lead to the discovery of admissible evidence regarding the narrow legal question of the procedures followed in the council meeting held on Dec. 13.”
Court records indicate no ruling was ever made on the matter.
However, Whitfield then filed his own motion for discovery and gave Norris until last Thursday, March 9 to respond.
Whitfield asked for all “non-privileged” communication between Norris and a long list of people going back to Jan. 1, 2020. That list includes OA reporter Kim Smith, Brooks, Marrero, former senior assistant city attorneys Monique Wimberly and Jan Baker, Judge Carlos Rodriguez, former city council member Mari Willis, local resident Matt Coday and local attorneys Anthony Robles and Jason Schoel.
Whitfield also asked Norris for his tax filings, billing receipts, contempt of court citations and the outcomes of any bar complaints or lawsuits filed against him.
On Monday, Norris said he did not provide Whitfield anything he requested. He would prefer Whitfield have to explain in open court to the judge why those items are important to the case, he said.
Whitfield’s request is “another witch hunt against the city’s political opponents or dissenters,” Norris said.
“Ironically, we are witnessing first-hand, in real life, George Orwell’s Animal Farm, and Javier Joven is the Napoleon (the pig) of the Ector County Republican Party where “Napoleon is always right” and “whatever goes upon two legs is an enemy,” Norris said.
Wimberly resigned after Brooks was fired citing the “disintegration of work environment; political process became too intertwined with position” and another senior assistant city attorney, Jan Baker, also left after Brooks was fired, saying she was “ready to retire.”
Baker has since elaborated on her reasons for quitting. “It was too dangerous to be there,” she said. “I’ve had my bar license for 30-plus years and I didn’t want to lose it with what the mayor and his people were doing. They always blame legal when things go wrong and I didn’t want to lose my license over what they did. I didn’t trust them and I didn’t want to lose my reputation or my license.”
Robles and Schoel attended a meeting where the possible termination of Judge Rodriguez was listed on the agenda. They objected strenuously to that idea. Robles also expressed disgust at Dan Jones being named interim city attorney and the salaries Jones and Interim City Manager Agapito Bernal are now being paid.
Coday is a frequent critic on Facebook of Joven and Council member Denise Swanner.
Whitfield did not immediately return a call seeking comment.
Joven has said in the past he cannot comment on pending litigation.
