RES 1668 03/26/2024RESOLUTION NO. 16 i12
RESOLUTION BY THE CITY OF CIBOLO, TEXAS AUTHORIZING THE
CITY ATTORNEY TO REPRESENT FORMER CHIEF BRIAN
HUGGHINS, LIEUTENANT BRIAN NIPPER, CORPORAL MARK VAN
ROSENDAEL AND MR, ARNULFO CORTEZ, JR; PROVIDING FOR
REPEAL AND SEVERABILITY; DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS CONDUCTED IN
COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council finds the City of Cibolo ("City") is a Texas Home Rule
Municipality, as defined by applicable law; and
WHEREAS, the City Council finds that former Chief Brian Hugghins, Lieutenant Brian Nipper,
Corporal Mark Van Rosendael, and Mr. Amulfo Cortez, Jr. are City employees; and
WHEREAS, the City Council finds former Chief Hugghins, Lieutenant Nipper and Corporal
Van Rosendael are licensed peace officers commissioned by the City; and
WHEREAS, the City Council finds that Mr. Cortez was a licensed peace officer commissioned
by the City; and
WHEREAS, the City Council finds that Mr. Cortez served with the Cibolo Police Department
from July 11, 2022 to February 13, 2024; and
WHEREAS, the City Council finds that prior to hiring Mr. Cortez, the Cibolo Police Department
conducted a background investigation of Mr. Cortez; and
WHEREAS, the City Council finds that Corporal Van Rosendael conducted the background
investigation of Mr. Cortez and the investigation was approved by Lieutenant Nipper; and
WHEREAS, the City Council finds that former Chief Hugghins was the Approving Chief
Administrator of the background investigation of Mr. Cortez; and
WHEREAS, the City Council finds that on February 13, 2024, the Texas Commission on Law
Enforcement ("TCOLE") contacted the Cibolo Police Department and demanded Mr. Cortez be
decommissioned; and
WHEREAS, the City Council finds that TCOLE issued written reprimands to Lieutenant Nipper
and Corporal Van Rosendael for their involvement in the Cibolo Police Department's
background investigation of Mr. Cortez; and
WHEREAS, the City Council finds that TCOLE sent a warning letter to former Chief Huggins
relating to his involvement in the background investigation of Mr. Cortez; and
WHEREAS, the City Council finds that Lieutenant Nipper, Corporal Van Rosendael and former
Chief Hugghins were acting in the scope of course of their employment as employees of the City
and the Cibolo Police Department when they conducted the background investigation of Mr.
Cortez; and
WHEREAS, the City Council finds that the City Attorney's representation of Lieutenant Nipper
and Corporal Van Rosendael to assure that TCOLE's letters of reprimand are rescinded is an
expenditure of public money for a public purpose; and
WHEREAS, the City Council finds that the City Attorney's representation former Chief
Hugghins to assure that TCOLE's warning letter is rescinded is an expenditure of public money
for a public purpose; and
WHEREAS, the City Council finds that the City Attorney's representation of Mr. Cortez to
assure he is reinstated without his TCOLE record showing a break in service is an expenditure
of public money for a public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. The statements set forth in and by reference in the recitals of this Resolution are true
and correct, and the City Council hereby incorporates such recitals as a part of this Resolution.
SECTION 2. The City Attorney is authorized to represent former Chief Hugghins before TCOLE,
the State Office of Administrative Hearings, or any court of competent jurisdiction, and may file
all necessary and appropriate pleadings, motions and other filings on behalf of former Chief
Hugghins until TCOLE's letter of warning is rescinded, or as further directed by the City Council.
SECTION 3. The City Attorney is authorized to represent Lieutenant Nipper and Corporal Van
Rosendael before TCOLE, the State Office of Administrative Hearings, or any court of competent
jurisdiction, and may file all necessary and appropriate pleadings, motions, and other filings on
behalf of Lieutenant Nipper and Corporal Van Rosendael until TCOLE's letters of reprimand is
rescinded, or as further directed by the City Council.
SECTION 4. The City Attorney is authorized to represent Mr. Cortez before TCOLE, the State
Office of Administrative Hearings, or any court of competent jurisdiction, and may file all
Page 2 of 3
necessary and appropriate pleadings, motions and other filings on behalf of Mr. Cortez to assure
that he is reinstated as a licensed peace officer without his TCOLE record showing a break in
service.
SECTION 5. If such representation warrants the filing of legal action in the State Office of
Administrative Hearings, or any court of competent jurisdiction, the City Attorney's Office may
charge $160 per hour for all work performed in connection with this action and the Budget is
hereby amended as necessary to appropriate and fund this expense.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this Resolution shall for
any reason be held to be invalid, such decision shall not affect the validity of the remaining portions
of this resolution.
SECTION 7. The meeting at which this Ordinance passed was conducted in compliance with
the Texas Open Meetings Act.
SECTION 8. This Resolution shall become effective and be in full force and effect from and after
the date of passage and adoption by the City Council of the City of Cibolo, Texas.
PASSED AND ADOPTED BY THE CITY COUNCIL ON THE 26th DAY OF
lu /;\ 'ITA , &11)P"
ATTEST:
PEGGY CIMICS, TRMC
City Secretary
APPROVED AS TO FOR
a�
GEORGE , City A'omey
Hyde Kelley LLP
Page 3 of 3