Del Rio City Council Votes to Change City Attorney’s Status from Termination to Resignation

DEL RIO, TX — At 9:08 p.m. Tuesday, after nearly two hours of deliberations in executive session, Mayor Al Arreola called the meeting back to order and announced that no actions had taken place under clauses a, b, and c. He then moved to the public session action item to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the position of the City Attorney pursuant to 551.074 TGC.

In a notable shift from previous proceedings, the council voted to rescind the termination of former City Attorney Ana Markowski Smith and instead accept her resignation and a negotiated separation agreement, effective Feb. 26. The motion, made by Mayor Pro-tem James “Jim” DeReus and seconded by Councilwoman Carmen Gutierrez, passed with a 5-2 vote. Councilmen J.P. Sanchez and Randy Quiñones did not cast their vote in favor of the motion.

Following the vote, Markowski Smith was invited to the podium to deliver a heartfelt address to the council and the community members in attendance.

“Okay, first, I want to thank everybody that was here to support me, and mostly I appreciate the comments that y’all have made – the phone calls I received,” Markowski Smith said. “As one of my friends says, when we get in situations like this, we have to surrender and leave it in God’s hands and take what’s best and make sure that you know it all turns out, what’s for the best and in this case, what’s best for the community.”

Markowski Smith reflected on her initial goal when taking on the role, noting that she intended to improve the structure and productivity of the office so the attorney who followed her could step into a more functional operation. She also reminded the council of her previous commitment to work for one year…a milestone she reached, and her promise to step aside if the council felt the arrangement was no longer working.

“I want to be clear about one thing, though, that this resignation is not because I don’t want my job, as I’ve told many of you several times, I love this job. I absolutely love this job, and this is a job that I feel very comfortable in, and I almost feel like it’s my calling,” Markowski Smith said. “And what makes it easy is that I love working with these intelligent, hard-working, dedicated people that most City Council doesn’t know and doesn’t appreciate. You don’t know what goes behind the scenes, but they work hard.“

Regarding the professional environment during her tenure, Markowski Smith expressed that she felt she was not always provided with the information necessary to address concerns or correct a “bad course,” stating that she could not responsibly continue in a role where expectations remained unclear.

“So with a broken heart, I’m offering my resignation. I ask you to vote to accept it or reject it,” she said.

Markowski Smith then presented her formal resignation letter to the council, providing a copy to City Secretary Mari Rodriguez.

“I would like to present my letter of resignation, which I have given a copy to Mrs. Rodriguez,” the letter stated. “Much like the first letter of resignation, I just want you to know that it has been an honor to serve this community, and I’m proud of the legal work I’ve accomplished during my tenure. However, the conditions necessary for effective representation have not been present. At no time has there been the level of communication from the City Council required to support the professional exchange essential to the role of the city attorney. In the absence of that communication, it is not possible to fulfill the ethical and professional duties of this office.”

The address was met with applause from much support in her audience, including members of the border organization pictured above. Markowski Smith concluded by stating her desire to maintain her good standing with the city and to leave the door open for future opportunities to serve Del Rio, which she referred to as the “center of the universe.”

“The bottom line is, I am doing this for what I believe is the good of the city and to help bring stability back to our community, which is something that we sorely need at this time. Thank you,” she said.

Following the speech and the council’s vote, the meeting proceeded to the remaining fiscal items on the agenda.