Del Rio Council Rescinds Attorney Termination, Accepts Her Resignation 5-2

The Del Rio City Council voted 5-2 Tuesday night to rescind the February termination of City Attorney Ana Markowski Smith and instead accept her resignation alongside a negotiated separation agreement, closing a chapter that had shadowed City Hall for nearly a month.

The action came at the council's regular March 24-25 meeting after an executive session that stretched nearly two hours. Following an executive session, council members had originally voted 5-2 to proceed with the dismissal of City Attorney Ana Markowski Smith on Feb. 24. The March vote effectively changed her official status from terminated employee to resigned employee, with the resignation and separation agreement carrying an effective date of Feb. 26, according to the Del Rio News Network.

Mayor Pro-tem James "Jim" DeReus made the motion to rescind the termination and accept the resignation. Councilwoman Carmen Gutierrez seconded it. Councilmen J.P. Sanchez and Randy Quiñones did not vote in favor. Mayor Al Arreola, who had called the meeting back to order at 9:08 p.m. after the closed session, announced before the public vote that no actions had taken place under clauses a, b, and c of the executive session agenda.

The agenda item was framed under Texas Government Code Section 551.074, which covers personnel matters including "the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal" of the city attorney's position.

After the vote, Markowski Smith was invited to the podium and delivered what was described as a heartfelt address to the council and the community members in attendance. The financial terms of the negotiated separation agreement have not been publicly disclosed.

Markowski Smith's departure was one of two senior leadership exits at Del Rio City Hall in late February. In a separate action, the council voted 7-0 to approve a mutual separation agreement with City Manager Shawna D. Burkhart, who had been appointed to the role in August 2024. A city official, in a statement following those earlier votes, said: "We thank both individuals for their service and contributions to the city of Del Rio. The city remains focused on maintaining continuity of operations and continuing to serve our residents and community."

The council also acted Tuesday on a personnel reclassification. By unanimous vote, the body approved Resolution R:2026-015, authorizing the city manager to reclassify the operations and compliance manager position to operations and compliance director and confirming the appointment of Scot Carcasi to that role. Sanchez, who had opposed the Markowski Smith rescission, made the motion on R:2026-015; DeReus seconded it.

The sources reporting on Tuesday's meeting differ slightly on the effective date of Markowski Smith's departure: the Del Rio News Network cites Feb. 26, while an earlier TV report stated the departure went into effect Feb. 25. The city's official meeting minutes, once posted, should resolve that discrepancy. Whether Sanchez and Quiñones voted no or abstained on the rescission motion also remains unclear from available records; both are described only as not having cast votes in favor.

The council's next regular meeting has not been publicly scheduled in available records. Residents seeking the text of the separation agreement or the official roll-call vote may request those documents from City Secretary Maria Acosta at Del Rio City Hall, 109 W. Broadway, by calling 830-774-8680.