San Angelo City Attorney Says 'Nuts' to Santa's Fake 'Citation'

SAN ANGELO, TX - San Angelo City Attorney Theresa James responded to accusations of illegal activity after a resident, John Bariou, issued a "citation" to the city council members recently.

At the San Angelo City Council meeting Tuesday, James addressed claims, emphasizing the city's tradition of allowing public comments. 

Bariou, a former vice chair of the City of San Angelo Development Corporation, initiated efforts to lead petitions recalling all city council members and the mayor on Jan. 8, 2024. This action followed his citation to the City Council during the Nov. 21, 2023 council meeting, where he alleged subversion of the City Charter and violation of certain Ordinances.

James defended citizens' constitutional right to express grievances, even if they involve accusations of corruption. She clarified that the council's limited response during public comments is to adhere to the Texas Open Meetings Act.

Addressing the 'citation' presented by Bariou, James said that it holds no legal weight beyond expressing grievances. She refuted Bariou's claim that legal consultations about public responsibility violate the Open Meetings Act, emphasizing that the act pertains to official business.

“In the case of Mr. Bariou’s self-proclaimed citation, we do not respond because there is nothing to respond to,” James said. “Mr. Bariou’s citation that he issued to the council is not real but just a way in which to make his public comment seem more official when in reality it carries no legal weight beyond information regarding a grievance he has with the City. This is also why when Mr. Bariou’s claims that legal consultations with my clients about their personal responsibility to the public is a violation of the Open Meetings Act is not correct. 

“The Open Meetings Act ensures that in matters of public concern, the Council has legal authority to decide what is decided in a meeting open to the public,” she said. “Since the self-proclaimed citation issued by Mr. Bariou is not real, but rather just a public comment airing grievances, there is no official business that needs to be decided. Therefore, discussing it cannot be a violation of the Open Meetings Act.”

Responding to future or anticipated claims from Bariou or anyone else, James emphasized multiple avenues for citizens to address grievances, including risk management for damages, ADA concerns, reporting unethical behavior, and petitioning for new ordinances or recalls.

“We understand there are citizens who are unhappy with some actions of the City,” the city attorney said. “We speak to those citizens every day and every citizen is able to call the mayor, their council member, the city manager, one of the directors, or myself to discuss their concerns. But in addition to that, if any citizen has a grievance with the City there are multiple real paths to have that grievance heard and resolved.” 

In November 2023, Bariou addressed the city council threatening consequences if the council did not adhere to his interpretation of the city charter. The entire story is here. Watch an excerpt here: