Ponton bills city Monclova, Payne legal fees

Alpine attorney Rod Ponton has billed the city of Alpine for $5,000 for "successfully" representing Anna Monclova and Manuel Payne before the grand jury last month.

He refers to Texas Attorney General Opinion JC-0294, which he states "authorizes the city of Alpine to pay for the legal expenses incurred by a city council member to defend against an unjustified prosecution for Open Meetings Act violations. The prosecution was unwarranted. No indictment was returned against either Payne or Monclova."

Both council members received testimonial immunity in their second appearance before the grand jury.

The bill represents $2,500 in legal fees for each of the council members. Monclova and Payne individually signed fee agreements to pay Ponton the funds. They signed as individuals, not council members, even though the fee agreement is addressed to them individually and the Alpine City Council.

Monclova told the Avalanche that she did agree to pay Ponton the fee and that she knew that the city was going to be billed for it. "It's a decision that is up to the council," she said of whether the city should pay her legal bill.

Payne could not be reached for comment.

Mayor Mickey Clouse told the Avalanche, "We will have to see what our city attorney says."

Ponton told the Avalanche, "I think it is proper for the city to pay for the defense costs for council members wrongfully charged. They were subject to the same process as Rangra and Elms-Lawrence, who were indicted. They were at risk."

Ponton is also defending Elms-Lawrence in her criminal trial and said that he would bill the city for her defense "when she is acquitted."

Dick DeGuerin, attorney for Rangra, told the Avalanche, "Of course it is right for the city to pay for legal fees for things that occurred while being a city council person," he said of his intent to bill the city for Rangra'a defense.

"After the city receives all the legal bills for the four council members, perhaps they should send them to councilor (Nancy) DeWitt; she's the one who started it all," Ponton said.

Ponton said he did have an agreement with Monclova and Payne to bill the city before they went before the grand jury.

Sec. 5.11 of the Alpine City Charter states that there shall be no city obligation or payment except in "accordance with appropriations duly made and unless the manager or the manager's designee first certifies that there is a sufficient unencumbered balance" to pay the bill.

Sec. 5.11 (B) states, "Any authorization of payment or incurring of obligation in violation of the provisions of the charter shall be void and any payment so made shall be illegal. Such action shall be cause for removal of any elected or appointed officer who knowingly authorized or made such payment or incurred such obligation, and he or she shall also be liable to the city for any amount so paid."

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