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Recalls, Recordings, and Ethics Complaints: Fate Council Faces Another Tumultuous Night

Fate Circus

Fate, TX — Monday night’s Fate City Council meeting delivered another dose of controversy and intrigue. Residents who came expecting routine municipal business instead witnessed discussions involving a recall election, disputed recordings, ethics complaints, charter interpretations, and an ongoing struggle over the future direction of city government.

Among the most controversial topics was that of a proclamation declaring June as, “Nuclear Family Month”.

Many people showed up to express their displeasure with the Mayor’s Proclamation. Among the dissenters was former Councilman Mark Harper. Harper tried to express that the proclamation would be a First Amendment violation. In the days leading up to the meeting, Harper and his wife, Sonya, used social media to rally opposition to the proclamation.

Several advocates for the LGBTQIA+ community came out in protest. They believe that the proclamation was exclusionary to same-sex couples with children. But praising one model is not the same thing as declaring other models illegitimate, inferior under the law, or unworthy of respect.

Just as a city may issue a proclamation recognizing military families, such does not exclude civilian families. A city may celebrate small local businesses, but it doesn’t mean they are attacking large corporations. Governments frequently highlight specific groups, traditions, or institutions because they believe those groups have made valuable contributions. Recognition is not necessarily exclusion. This applies to same-sex couples.

Supporters of the proclamation reject claims that the Proclamation violated the First Amendment.

First, government officials are not required to be secular. The Supreme Court has repeatedly recognized that religious references are deeply embedded in American public life. Every City Council meeting opens with a prayer; virtually all of them from a Judeo-Christian perspective. Proclamations recognizing Christmas, Thanksgiving, National Days of Prayer, and similar observances have existed throughout American history. Our national motto is “In God We Trust.

Second, a proclamation is not a law. The Fate proclamation does not compel anyone to believe anything, attend church, adopt a particular family structure, marry, have children, or embrace Christianity. It creates no penalties, no regulations, and no government program. It is merely a symbolic expression of values. The Supreme Court has consistently distinguished between government coercion and government expression.

Third, elected officials have First Amendment rights too. Mayor Andrew Greenberg and the City Council are allowed to express viewpoints. Governments issue proclamations all the time recognizing Pride Month, Black History Month, Women’s History Month, Veterans Day, and countless other causes and constituencies. The fact that some residents in the LGBTQIA+ community disagree with the message does not make it unconstitutional. The First Amendment protects speech people dislike just as much as speech people support.

In fact, in this same meeting, Mayor Andrew Greenberg presented a proclamation to declare June 2nd, 2026, as Codi Chinn Day. This follows Chinn’s removal from office through the recall process earlier this year. Some residents have criticized Chinn’s social media activity, referring to her social media style as, “toxic”, while others have defended her conduct. Many residents question whether a recalled councilperson deserves an appreciation award at all.

Mayor Greenberg acknowledged that initially, he let his own personal anger and frustration get the better of him as he first decided that Chinn would not get a proclamation. He acknowledged that he made that decision as “Andrew”, not as, “Mayor”. After he settled on allowing the proclamation to go forth, he had missed the deadline for the previous meeting, thus causing a delay that some in the community interpreted as a slight. After reflection, he wanted to make it right.

Thus, a proclamation is not a law. It is a symbolic expression of opinion that residents are free to agree or disagree with.

Another significant action before the council was the consideration of an ordinance ordering a special election to determine whether Councilwoman Martha Huffman should be removed from office through the recall process. Huffman elected not to have a hearing over the matter, and thus her recall is the first to be considered. The motion passed, and her recall will be on the November general election ballot.

Mayor Andrew Greenberg presented information and research concerning charter provisions governing council vacancies, an issue that has arisen following the recall of former Councilwoman Codi Chinn. The presentation included discussion of Charter Review Commission deliberations, prior council actions, public records, meeting minutes, and constitutional considerations regarding the city’s vacancy procedures.

According to Greenberg’s presentation, several past appointments, including that of former Councilman Scott Kelley, may not have complied with the charter’s vacancy provisions.

Going forward, as the council follows the written & approved language of the charter, appointments will be made for only the 6-month period between November and May elections.

The council voted that an appointment will be made for Place 1, which will last until November, when an election will be held to finish out the unexpired term to May 2027 … which will then culminate in the regularly scheduled election for that seat.

Transparency was another major theme of the evening.

After Mayor and Council reports, the Council adjourned once again into executive session to discuss with attorney, matters of ethics complaints filed by Former Councilman Mark Harper against Mayor Greenberg, Ethics complaints against Mark Harper, and Codi Chinn by Darcy Gildon. This executive session ended just before midnight.

Upon return,  Councilman Allan Robbins moved to find that Greenberg had violated ethics and asked that the council proceed with sanctions against the mayor. The motion was 2nd by Councilwoman Ashley Gains. The mayor expressed that there was no credible evidence that was sufficiently explained. The motion failed on a 4-2 vote, ending the matter without sanctions against the mayor. The complaint is now closed.

Initial screening of ethics complaint against Codi Chinn by Darcy Gildon. The Council found that investigation of the complaint is sufficient and that an investigative report will be submitted to the Council at the July meeting.

Initial screening of ethics complaint against Mark Harper by Darcy Gildon. The Council voted to dismiss the complaint after determining that the evidence presented was insufficient to warrant further action. Motion submitted by Robbins and 2nd by Rains. Only Mark Hatley voted against the motion. The matter is now closed.

The meeting concluded Tuesday morning, just after midnight.

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