Houston, we have a kerfuffle

Rumblings began at a candidate’s forum the Friday before Tuesday’s Houston municipal election saying that after the election some council members wanted to can the fire chief and head of public works and promote then city clerk Steven Cunningham to city manager.

So far, that’s not what’s happened at all.

Tuesday was election day and the day Cunningham may — or may not — have resigned.

Mayor Rosemary Burnett said the existing city council will meet Monday at 5 p.m. to consider whether to accept Cunningham’s resignation. Current council members will vote on the motion. Four “yes” votes are needed to accept the resignation.

She said all the e-mail culled from Cunningham’s computer have been turned over to the Houston Police Department for review.

“It came to my attention that he committed a serious breach of trust,” Burnett said.

In earlier interviews, Burnett said Cunningham resigned after plans were under way to call a special meeting Monday at noon to vote on terminating his employment for his role in drafting language on a recall petition seeking to oust then-mayor Roger Purcell.

And after city police review the rest of Cunningham’s e-mail, a decision will be made about whether to pursue further action, Burnett said.

But that’s not why the city council won’t be voting to certify election results on Monday night.

That’s a separate kerfuffle.

Since the tumultuous election, several Houston voters and all three losing city council candidates have filed notices contesting the results of the Tuesday election, Burnett said.

According to Houston Municipal Code, if any one candidate or 10 qualified voters contest the election, results can’t be certified until an investigation is conducted.

“Upon receiving a notice of contest, the city council shall order an investigation conducted by the clerk and city attorney,” reads 3.37.010 part B of the code.

So now winners from Tuesday’s city council election — Paul Stout, Kathy Barney and James Johansen — can’t be sworn in at Monday’s meeting.

Burnett said it will be at least a week to 10 days before it’s known whether the questioned results will stand or a new election will be necessary. She said a recall election earlier in the year, which was stalled when Purcell resigned effective 10 p.m. the evening before the recall, cost the city $3,000 to $4,000 in attorney fees.

More attorneys fees are coming. According to municipal code, acting city clerk Sonya Dukes and city attorney Richard Payne with Denali Law Group will decide after their investigation is complete whether the results stand.

Monday’s meeting starts at 5 p.m. at Houston City Hall and is sure to be lively. This is just one chapter in what has been a tough year — in so many ways — for the Houston community.

We would welcome the chance to focus on other Houston news stories that don’t include words like “kerfuffle.”

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