HUTTO – Two City Council members defended themselves against claims they should not have seats on the dais after questions surfaced about their residency status during a contentious Thursday meeting.
Resolutions that would have called for them to leave office eventually were voted down and both elected leaders will remain. The sometimes-heated discussion stretched over
40 minutes. The seats of Place 3 Councilman Randal Clark and Place 5 Councilman Evan Porterfield took center stage when Mayor Mike Snyder first added a forfeiture resolution directed at Clark.
Clark then reacted with a resolution directed at Porterfield.
The residency concerns were centered around where the council members live and intend to reside.
Porterfield’s house is for sale. Clark suggested that since Porterfield has not purchased a home in Hutto, there is no guarantee he intends to stay, so there is no assurance he meets the residency requirements.
“His house was on sale before he was elected, and his name is not on the deed of property, so the question is how do you prove your residency based on our resolution,” Clark said.
“Not guilty. I live here, thank you,” said Porterfield, who owns a business in Hutto.
“Just because your house is for sale, in my opinion, is not grounds for removal,” said Councilman Peter Gordon.
The issues over Clark’s residency stem from his February marriage in Harris County, where he bought a house with his wife. That house and a house Clark still owns in Hutto have homestead exemptions, according to county records.
Clark later said homestead exemptions are effective Jan. 1 and last a year, even if one moves or sells the property partway through the year.
“My residence/domicile in Hutto has not been sold or changed ownership, so its homestead exemption remains intact,” he said. “Any misunderstanding about me having two homesteads likely stems from a lack of knowledge about how these exemptions are applied and maintained.”
Clark said he has met the residency and domicile requirements set by state law.
“I publicly declared my intent during the meeting and I provided four legal documents to the city attorney, who publicly declared that I meet all the qualifications of office,” Clark said.
That didn’t satisfy Snyder, who raised questions about Clark getting married in another city and buying a house there.
“It’s not common sense,” Snyder told Clark.
According to the City Charter, the mayor and council members must reside within the city while in office and can be asked to step down if that requirement is not met.
City Attorney Dorothy Palumbo clarified the meaning of residency as defined in the charter.
“A lot of people have several residences, but the domicile is where you intend to remain. And it’s a simple declaration under the case law,” Palumbo said.
An elected city leader can temporarily reside outside of Hutto if he or she intends to move back to their declared domicile at some point.
The declaration can be supported with a voter registration card or unexpired driver’s license with the residence address or property- tax receipts claiming a homestead exemption for the residence.
Palumbo said the evidence of residency Clark supplied her meets the requirements.
Clark’s wife, Krystal Kinsey, was a council member who resigned her post in 2023 and moved out of Hutto.
During past council meetings, residents voiced concerns about Kinsey still serving on council while her Hutto residence was empty and for sale. At the time, Snyder unsuccessfully tried to get Kinsey removed from the council.
During Thursday’s session, Debbie Holland, a 40-year Hutto resident, described some of the council’s conduct as “questionable.”
“Please don’t waste your time or our time with this juvenile behavior. If you don’t live in the city, you can’t vote in the city. If you can’t vote in the city, then certainly you can’t serve on City Council,” she said during the comments portion. “For once, how about not thinking about yourselves, but think about the citizens of Hutto.”
Councilwoman Amberley Kolar tried to table the two amendments until later in the
meeting. “I don’t believe this is city business, we should be conducting the other business before we get to these items,” she said.
Kolar said the issues were of a personal nature and apologized to the audience.
