Solutions in Comprehensive Zoning
We do have the ability to eliminate multi-family zoning, if we have the will. Here is the blueprint.
The citizens of Fate have made their views known time and again to our City Council that they do not want any increases in multi-family construction. Legitimate reasons include increased traffic, crime and strains on infrastructure that will inevitably lead to increases in taxes.
We are told that change is coming whether we like it or not. We are told that there is nothing we can do about it. And we are told that property owners have the right to sell their property to developers who have the right to build whatever they want.
So the time has come to explain why all these excuses are false and to provide a solution. But to get there we must first discuss what zoning laws are, and how they came to be.
The Origin of Zoning
The first zoning law was enacted in 1916 in New York City and marked a pivotal moment in urban planning history, setting a precedent that would reverberate across cities and towns worldwide. The zoning law, known as the New York City Zoning Resolution, was a response to the rapidly changing urban landscape and the need to regulate land use in a more systematic and organized manner.
Prior to 1916, New York City was experiencing the effects of rapid industrialization and population growth. Skyscrapers were becoming a prominent feature of the cityscape, and concerns were arising about the effects of these towering structures on public health, access to sunlight, and the overall quality of life. Additionally, the haphazard mix of land uses in close proximity was causing conflicts between residential, commercial, and industrial activities.
Then, in 1915, when the 42-story Equitable Building was erected in Lower Manhattan, the need for controls on the height and form of all buildings became clear. Rising without setbacks to its full height of 538 feet, the Equitable Building cast a seven-acre shadow over neighboring buildings, affecting their value and setting the stage for the nation’s first comprehensive zoning resolution.
The 1916 New York City Zoning Resolution introduced several groundbreaking concepts that laid the foundation for modern zoning laws:
- Use Districts: The law divided the city into different use districts, each with specific regulations governing the types of activities allowed. These districts included residential, commercial, and manufacturing zones. This segregation of land uses aimed to prevent incompatible activities from coexisting in close proximity.
- Height and Setback Regulations: One of the most notable features of the law was its establishment of height and setback regulations for buildings. To address concerns about overshadowing streets and blocking sunlight, the law required buildings to be set back from the street after a certain height was reached. This provision aimed to ensure that adequate light and air reached the street level.
- Bulk Regulations: The law introduced restrictions on the bulk of buildings, including factors such as the ratio of building area to lot size. This was intended to prevent the construction of overly massive structures that could overwhelm their surroundings.
- Open Space Requirements: The zoning law mandated the provision of open spaces, such as plazas or courtyards, in certain types of developments. This provision aimed to enhance the quality of urban life by providing residents with communal spaces for relaxation and recreation.
- Non-Conforming Use: The law also addressed existing buildings and uses that did not comply with the new zoning regulations. This introduced the concept of “nonconforming use,” allowing pre-existing uses to continue even if they didn’t conform to the new zoning requirements. However, changes to non-conforming buildings often had to adhere to the new regulations.
The 1916 New York City Zoning Resolution had a profound impact on urban planning and development practices worldwide. It served as a model for other cities grappling with similar challenges, and the concepts it introduced became integral to the formation of zoning laws in various municipalities.
As cities around the globe faced the complexities of urban growth and development, they recognized the need for similar regulations to manage land use effectively, encourage orderly growth, and ensure the well-being of their citizens.
Today, zoning laws remain a cornerstone of urban planning, providing a framework that shapes the physical layout of cities, towns, and communities. While the specifics of zoning regulations vary from place to place, the principles established by the 1916 New York City Zoning Resolution continue to guide urban planners, architects, developers, and policymakers as they seek to strike a balance between progress and preservation.
The Laws of Texas
Zoning laws in Texas, like those in many other states, are designed to regulate land use and development to promote orderly growth, protect property values, and ensure the health, safety, and general welfare of communities. However, the basis and structure of zoning laws in Texas can vary due to the state’s unique legal framework and historical background.
Home Rule Cities vs. General Law Cities:
One key aspect of zoning laws in Texas is the distinction between Home-Rule cities, like Fate, and general law cities. Home-Rule cities, typically those with a population of over 5,000, have more autonomy in creating and implementing their own zoning ordinances. General law cities, on the other hand, have zoning authority granted by the state and are subject to state-imposed limitations.
Dillon’s Rule and Zoning:
Texas follows the legal principle known as Dillon’s Rule, which means that local governments (cities and counties) only have the powers that are explicitly granted to them by the State. This impacts zoning in Texas because local governments must derive their zoning authority from specific state statutes. As a result, the establishment and structure of zoning laws in Texas are largely influenced by state legislation.
Zoning Enabling Acts:
Zoning authority in Texas is granted through what are called “Zoning Enabling Acts.” These are state laws that outline the framework under which cities and counties can create and enforce zoning regulations. There are different versions of these acts, one for general law cities and one for home rule cities, reflecting the distinction in their regulatory powers. Let’s just stick to the Home-Rule cities, because that is where our City abides.
Zoning Ordinances:
In home-rule cities, zoning ordinances are passed by the city council. These ordinances define different zoning districts (residential, commercial, industrial, etc.) and specify the types of activities allowed in each district, along with regulations for building heights, setbacks, lot sizes, and other factors.
Variances and Special Exceptions:
Like many states, Texas zoning laws often include provisions for variances and special exceptions. A variance allows property owners to deviate from certain zoning regulations due to specific hardships or unique circumstances. Special exceptions, also known as conditional uses, permit specific uses within a particular zoning district if certain criteria are met.
Public Input and Due Process:
In line with democratic principles, Texas zoning laws usually require public hearings and community input during the zoning process. This allows residents and stakeholders to voice their opinions, concerns, and suggestions before zoning changes are finalized. Due process ensures that property owners are given the opportunity to contest zoning decisions if they believe their property rights are being unfairly restricted.
The Fate Town Charter
The Town Charter of Fate outlines the creation of the Planning and Zoning (P&Z) Commission and stipulates their duties and powers. Among these powers is the directive to: “Make proposals to the City Council to amend, extend and add to the Comprehensive Plan for the physical development of the City”. However it must not be understated that the capacity of the P&Z is only as an “advisory” role to the Council, where all final decisions are made.
The P&Z was originally created with 5 members and now stands with 7 members; All appointed by the City Council and serve for terms of 2 years. The current members of the P&Z Commission as of publication are: Karen Kiser, Aaron Jackson, Steve Dann, Tyler Bushman, Jeffrey Tathje, Kerry Wiemokly, and Daryell Harmon.
Here’s the really important part… Under Sec. 7.03 (2) The commission shall have the full power to:
(A)Exercise the authority of the Commission as provided by State law, this Charter and City ordinances; and
(B)Make reports and recommendations relating to the Comprehensive Plan and development of the City. [Emphasis added]
In short, this means that the P&Z doesn’t need to wait for the Council to give them directions or instructions; the Commission can start their own inquiry into the Comprehensive plan on their own and if they choose to make a recommendation to the Council for changes, they have every right to do so under Texas Law and our own Town Charter.
Recommended Recommendations
Too often, Town Commissions simply follow directives given to them by the Council. They very rarely take matters into their own hands. Often because they don’t understand that they have the right to do so… and that ignorance is just fine with the Council. But they have every right to take matters into their own hands if they have strong leadership and the guts to rub against the City Council … who appointed them.
The Fate Planning & Zoning Commission should take it upon itself to begin a top-down review of the Comprehensive Plan and evaluate how this plan meets the desires of the community of citizens… which is quite clear. End New Multi-Family Zoning.
Once the Commission has come to the rational decision to end Multi-Family Zoning, they can make a recommendation for the City Council and place the item on their agenda whether they like it or not.
The Mayor and Council are the Problem
Being realistic, this is where the initiative is likely to die. Mayor David Billings has demonstrated time and again that he is in full support of the urbanization of Fate. He is a grand proponent of StrongTowns.org, a leftist-run organization whose stated goals are to urbanize small towns.
The mayor is supported by the City Manager, Michael Kovacs, who is also a leftist who follows the Strong Towns philosophy and has hired a leftist Planning and Development Director named Ryan Wells. All of these individuals support the expansion and urbanization of Fate.
None of this is a secret. Even the town’s website displays a near-carbon copy of the Strong Towns agenda…word for word. The town even pays for the membership of a couple of employees to Strong Towns.
The Solution
The ultimate solution to the problem is simple, but extremely difficult to accomplish.
It begins with the systematic removal of Councilmen and replacing them with individuals who have the courage and will to change the Comprehensive Plan. Ultimately, they all must go because none of them has shown the courage to do what is right. This will take two years as it encompasses the removal of four councilmen to gain a majority.
The next Councilmen that are up for re-election, and must be removed are:
- Heather Buegeler – Place 1 – Expires in May 2024
- Jim DeLand – Place 5 – Expires in May 2024
- Allen Robbins – Place 4 – Expires in May 2025
- Lance Megyesi – Place 6 – Expires in May 2025
Also, Mayor David Billings, who walked in to office without spending a single nickel and getting a single vote from a citizen, and whose term expires in May 2025, must be replaced without question.
With the removal and replacement of these individuals with persons who are willing to represent the will of the people, they can legally amend the Comprehensive Plan to eliminate all future Multi-Family Zoning. That’s it … it’s just that simple.
I would also recommend going a step further and would recommend replacing the City Manager with someone who shares the values of the citizens of Fate. Someone who knows how to budget a town without future growth to cover the cost of their poor decisions. There are plenty of other reasons to replace the City Manager, which I will not delve into in this article.
Conclusion
So this is the solution. Henceforth, anytime comments are made on social media about how “we can’t do that” or “What’s your solution?” I will direct their attention here. The law says that we can do this. We have every right to do this. The question is, do we have the will to do this?
Council
Fate Council Opens the Door on Executive Session Secrets, Revealing Why Greenberg Was Cleared
Fate, TX – Monday night’s Fate City Council meeting pulled back the curtain on something that had puzzled residents for weeks.
Why would four members of the council vote against finding an ethics violation or imposing sanctions against Mayor Andrew Greenberg after attorney Ross Fischer had concluded there was probable cause to believe Greenberg may have violated the city’s code of ethics?
The answer, it turns out, was hidden behind deliberative privilege that some members of the Fate City Council didn’t want you to know about.
City Council Meeting for June 15, 2026, Agenda items 6G and 6H called for the council to consider waiving attorney-client privilege concerning ethics complaints involving Mayor Andrew Greenberg, former Councilman Mark Harper, and former Councilwoman Codi Chinn… for the June 1st meeting. The council voted 4-2 to waive deliberative privilege and allow discussion of what had previously occurred behind closed doors.
The June 1 vote had left many residents, particularly those of Karen Keiser, who supported the recall effort against Greenberg, confused. Council members had voted 4-2 not to pursue sanctions or make findings of an ethics violation, with Councilman Allen Robbins and Councilwoman Ashley Rains voting in the minority.
What the public, and Mrs. Keiser, didn’t know was that in executive session, there was great disagreement about the Ross Fischer report.
According to a phone interview Pipkins Reports had with Mayor Greenberg on Tuesday, one of the central issues involved allegations that he had improperly disclosed confidential employee information concerning former City DPS Chief Lyle Lombard to this investigative journalist, by releasing audio of a phone conversation he had with Councilwoman Codi Chinn.
In a conversation with Greenberg on Tuesday, Greenberg said that attorneys within the Texas Attorney General’s Office had previously determined that only three minutes (approximately) of an audio recording between Greenberg and Chinn contained personal or confidential information, none of which formed the basis of these ethics allegations as stipulated by Fischer.
Greenberg further argued that Fischer’s conclusions relied on assumptions rather than evidence showing that any “deliberative” information had actually been provided. Even more, Mr. Fischer refused to seek guidance from the Attorney General to determine if any of his assertions about confidential information were actually “deliberative”.
For context, the words, “deliberative information” are in reference to any “confidential” information that city officials might discuss regarding a city employee. But not all information about an employee is to be considered “confidential”, and this is a very important point of the discussion.
Under the Texas Public Information Act (Government Code Chapter 552), information concerning public employees is presumed public unless a statute or recognized exception applies. Merely discussing an employee does not make the information “deliberative” or “confidential”, unless and until the city requests and receives an exemption from the Attorney General. In this case, none of the information alleged by Mr. Fischer was determined by the Attorney General to be “confidential” or permitted to be withheld.
Sidebar: How did Autumn Lobinsky know what was in those three minutes that were never released to the public?
Texas Government Code §552.111 protects certain interagency and intra-agency memoranda reflecting advice, recommendations, opinions, and policymaking discussions. This is often called the “deliberative process privilege.”
However, the exception generally applies only to communications involving policymaking, not routine personnel matters. The Texas Attorney General has repeatedly distinguished between:
- Policy deliberations → potentially protected.
- Routine administrative or personnel matters → generally not protected.
Thus, discussions about: performance evaluations, discipline, complaints, hiring decisions, salary matters, are not automatically considered to be “deliberative information.”
Therefore, the Council Members argued in executive session that Fischer failed to make the case that the information exchanged met those qualifications.
Furthermore, Fischer’s investigation provided no other corroborating evidence.
Emails between Michael Pipkins and Ross Fischer show that Fischer sought information from Pipkins concerning the investigation. In a May 27 email, Fischer volunteered to Pipkins that Greenberg had acknowledged allowing Pipkins access to the recording, and asked whether Greenberg had provided a copy or merely played portions of the audio.
(Would Fischer’s release of information to Pipkins about his conversation with Greenberg be a release of confidential information? )
Regardless, Pipkins declined to answer, citing journalistic policy and the protection of confidential sources absent a subpoena or court order. Fischer then acknowledged to Pipkins that Greenberg had admitted playing portions of the recording and indicated he was attempting to verify Greenberg’s account. Part of this exchange was cited in Fischer’s report. We are providing the full context of the email exchange below.
[Email Exchange Between Ross Fischer and Michael Pipkins]
According to Greenberg, no evidence was produced showing that any of the information disclosed by Greenberg was in fact, “deliberative information” (ie: confidential). Yet, Mr. Fisher’s report would go on to recommend that he violated the City’s Code of Ethics, regardless of the actual fact that none of the information had been, or would be, considered privileged.
“Conclusion. Assuming Mayor Greenberg’s response is accurate, he still released deliberative information about personnel decisions a month before Council waived that
privilege. Based on Mayor Greenberg’s admissions alone, there is credible evidence that he violated Section 2-309(6) of the City’s Code of Ethics.”
Ross Fischer Report
[Copy of the report by Ross Fischer. ]
Armed with information that the report was potentially faulty, four members of the council ultimately voted against finding a violation or imposing sanctions against Greenberg. Now we know why the council voted the way they did.
Meanwhile, another controversy emerged during public comments in the June 15th meeting.
Residents Lance and Lorne Megyesi addressed the council concerning the ongoing recall effort. While Lorne attempted to chastise and lecture the council, Lance cited Sections 3.06 and 3.10 of the City Charter and argued that government could continue functioning even if four council members are removed in November.
Section 3.06 clearly states that a quorum must consist of four council members. while Section 3.10 indicates that a majority of the council is considered a quorum.
“Governments cannot be allowed to collapse due to vacancies,” Megyesi told the council.
Megyesi argued that a group smaller than the normal quorum would possess limited authority to restore a quorum through appointments or by ordering an election. He further stated that a Texas Attorney General opinion supported that position, though he provided no opinion number or supporting document to substantiate his claim, and the evidence discovered by Pipkins Reports, indicates the exact opposite.
As a relevant sideline, former Mayor David Billings recently advanced a similar argument in a Rockwall Times opinion piece titled “The City Will Go On,” arguing that a successful recall would not halt Fate city government.
That assertion, however, has drawn criticism from residents who argue that elected offices are far more than ceremonial titles, as the former “retired” mayor would suggest.
Under Section 2.09 of the City Charter, the City Council possesses authority to compromise and settle claims and lawsuits involving the city. (ie: Wrongful Termination Lawsuits). Section 2.13 authorizes the council to require bonds from city officials and employees. (ie: New hires) The council also possesses authority over appointments and hiring decisions involving key city personnel.
Critics note that if a loss of quorum persisted and the city manager, city secretary, or city attorney departed unexpectedly, there would be no mechanism for replacing those positions without council action. And without a quorum, that simply can’t happen.
The mayor’s office also carries real statutory responsibilities beyond just presiding over meetings.
Under Section 32-45 of the city code, the mayor serves as floodplain administrator or appoints a designee. In addition, Section 10-20 establishes the mayor as the city’s emergency management director. What happens if the City suffers a natural disaster?
Billings argues that essential functions of government would continue and that legal mechanisms exist to preserve continuity. Opponents counter that continuity and normal governance are not the same thing.
Consider the precedent of the 2004 Haltom City recall, where the recall and loss of a quorum of five of seven council members effectively halted normal council operations for three months (Feb – May) until elections restored the vacancies. In that situation, Attorney General Opinion GA-0175, concluded that recalled officials did not hold over and that the city effectively was without a quorum until elections restored the vacancies.
Haltom City’s Charter is not that different to that of Fate.
Critics of the recall note that Fate could face an even longer period of uncertainty. If four members were removed in November and vacancies were not filled until the next uniform election date in May, the city could potentially spend roughly six months without a fully functioning council… unless a district judge were to step in and order an election.
While day-to-day city services would likely continue, critics argue that Billings characterizing the loss of a majority of the governing body as little more than an inconvenience understates the practical consequences. Settlements, appointments, policy decisions, and unforeseen emergencies do not operate on election calendars.
And while contingency plans can be devised for almost anything, critics contend that improvisation in the middle of a crisis is hardly the same thing as having a fully functioning government.
Government may survive without a quorum. Haltom City proved that. But survival and governance are not the same thing, and it is the citizens who will suffer by being caught in the middle.
Opinion
There is something remarkable about the coalition that has formed around the effort to remove Mayor Andrew Greenberg and three sitting council members, Mark Hatley, Martha Huffman and Rick Maneval.
Councilwoman Ashley Rains and Councilman Allan Robbins support the effort. Former Mayor David Billings supports the recall and uses his platform to assert that the city government would continue uninterrupted after a successful recall. Former Councilman Lance Megyesi and his brother, former Mayor Lorne Megyesi, support the recall and have publicly discussed their own legal theories concerning how a reduced council might restore a quorum through “appointments”. Former Councilman Mark Harper and former Councilwoman Codi Chinn have likewise remained active voices in the city’s political battles.
Residents can draw their own conclusions, but the cast of characters is familiar. These are all current and former officeholders; they are all political allies; they are all responsible for the current state of social unrest as well as the development disaster that grips Fate at this time. And they have all united in a common cause to oust the current council and restore their power. They appear to be, to a common observer, as bitter, angry individuals hell-bent on revenge. Their childish antics on social media and feigned outrage at the podium are proof of that.
Make no mistake, these are not strangers united by coincidence. They are experienced political figures with a common bias and a shared interest in their vision of the future direction of the city. A vision that does not match that of the current council majority. In my opinion, citizens are witnessing an orchestrated coup in real time. Many people don’t even know that they are being manipulated by a group of washed-up, failed politicians.
Supporters of the recall have been convinced that they are trying to save Fate from an unethical council. And supporters of the current council argue the exact opposite. They see the current recall effort and false ethics complaints as an attempt by a network of present and former officials to reverse political defeats that occurred at the ballot box.
Why is it that the new and former members of the Council consistently advocate for Less Open Government, instead of More Open Government? Why are their supporters so angry and hateful on social media?
One fact should concern every voter, regardless of whose sign sits in their front yard.
This group organizing the recall is already trying to steer the conversation away from whether four officials should be removed to what happens afterward, how a quorum could be restored, and what powers a reduced council might possess. That is not an academic debate. It is a debate about who governs. And they are positioning themselves to be “appointed” to fill that gap.
And that’s where citizens should become very skeptical.
Because in a republic, political power is supposed to flow from elections, not from creative interpretations, procedural maneuvers, or the hope that voters won’t notice the difference.
The people of Fate have every right to vote to remove elected officials, or to retain them, as they see fit when they go into the polling place.
But when people go into that voting booth, they should take stock of which side has been fighting for actual transparency, reporting facts, and working to do what is right for the citizens, and which side is for keeping things behind closed doors, acting like children … and trying to stir up anger among the citizens.
Citizens
Recall Organizer’s Prior Fraud Case Raises Questions About Transparency In Fate Political Fight
Fate, TX – A bitter political battle that has divided residents and fueled an effort to remove the Mayor of Fate and three sitting council members has taken an unexpected turn after court records revealed that one of the recall movement’s principal organizers, Christopher Allen Rains, previously pleaded guilty in a felony fraud case, a fact that appears to have been largely unknown to many local voters.
Court records reviewed by Pipkins Reports show that Rains entered a guilty plea in 2016 to a charge of Fraudulent Use or Possession of Identifying Information, a state jail felony under Texas law. Arrest records reviewed by Pipkins Reports show Rains was also arrested on charges of Tampering with a Government Record. However, the tampering allegation does not appear among the final court dispositions reviewed by Pipkins Reports.
[Images of Arrest, Mugshots, and Court Records of Christopher Allen Rains]
The revelation has drawn attention because the recall campaign has frequently centered on issues of ethics, accountability, transparency, and public trust in government. Critics of the current council have argued that elected officials should be held to a high standard of conduct, while supporters of the council have questioned the motives of those seeking their removal.
According to records from the 416th District Court in Collin County, Rains was indicted in 2014 and later pleaded guilty on Sept. 29, 2016, to Fraudulent Use or Possession of Identifying Information involving fewer than five items. The court placed him on deferred adjudication probation for five years and ordered 100 hours of community service.
Court documents state that the judge found sufficient evidence to support the charge but withheld a formal conviction under the terms of deferred adjudication. Records further show that Rains successfully completed probation requirements and was granted an early release from supervision in 2019.
The issue carries public interest not only because Rains helped organize the recall effort, but because his wife, Ashley Rains, currently serves on the Fate City Council and was politically involved in the recall movement while seeking elected office. Christopher Rains stated to Pipkins Reports that he did not form a relationship with his wife until after he had turned his life around, in 2020.
When contacted by Pipkins Reports, Rains did not dispute the court records or his guilty plea. Instead, he cooperated fully with our questions and described the events as occurring during a difficult period of substance abuse and personal struggles.
“In 2013-2014, I was making IDs, checks, and credit cards. I was sentenced to 10 years of probation and 8 months of state jail. I was discharged 5 years early off probation“, Rains told Pipkins Reports.
Rains goes on to illustrate how he wasn’t in a good place in his life following that discharge and that his conduct during that period was connected to addiction, and does not reflect who he is today.
“It’s nuanced, I was medically discharged from the military.” Referring to events just prior to his arrest.
“My actions in active addiction aren’t who I am,” Rains told Pipkins Reports. “I own and run multiple businesses, write uncle Sam checks for six figures every single year. My two years of being an absolute dirt bag doesn’t define me in any way.“
Rains further stated that he expected the issue would eventually become public and said he was not attempting to hide his past.
“I absolutely knew it would come up,” he said. “I’m not afraid of anything anybody can say about me.“
Rather than deny responsibility, Rains characterized the criminal case as part of a chapter of his life that he has worked to overcome.
“I can not change the past,” Rains said. “I can not control who does what to me. I can only control how I respond. I am in no way the same person I was in 2014.“
His comments are likely to resonate with residents who believe people deserve an opportunity to rebuild their lives after making serious mistakes.
At the same time, the newly disclosed records raise legitimate questions about transparency and public scrutiny. Rains did not publicly disclose his criminal history while gathering signatures for the recall effort. A recall movement that focused attention on the character, ethics, and judgment of elected officials. Voters may reasonably conclude that similar scrutiny should apply to the individuals leading those efforts.
Whether residents view the criminal case as disqualifying, irrelevant, or evidence of personal redemption will ultimately be a matter of individual judgment.
What is not in dispute is that court records show Rains pleaded guilty to a felony fraud charge, received deferred adjudication probation, completed the court’s requirements, and later obtained an early release from supervision. Those facts, now become part of the public record surrounding one of the most visible organizers in Fate’s ongoing political conflict.
Sources: Collin County District Court Case No. 416-82092-2014; Register of Actions; publicly available arrest records; Pipkins Reports interview with Christopher Rains;
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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