Fallout from New Braunfels’ disputed mayoral election has now moved from the ballot box to City Hall’s legal office. John Frank Onion III, the city’s First Assistant City Attorney, resigned on May 11, 2026, in a letter accusing Mayor Neal Linnartz and the City of New Braunfels of publishing and leaving online a May 6, 2026, letter that Onion says unfairly blamed the City Attorney’s Office for the mayoral election controversy. The resignation adds another layer to a dispute that has already raised questions about the city charter, the Texas Constitution, and how New Braunfels handled one of its most closely watched local races. It also shows the internal damage caused after the city reversed course on whether the mayoral election was decided by plurality or required a runoff.

The Election Dispute

The controversy began after the May 2, 2026, election, when challenger Michael French finished first in the four-way mayoral race but did not receive more than 50% of the vote. The city initially treated the race as decided by plurality, based on the city charter, before later announcing that the Texas Constitution requires a majority vote for municipal governing body positions with terms longer than two years. New Braunfels’ mayor serves a three-year term, which made the state constitutional provision important to the dispute. According to the city’s May 4, 2026, statement, unofficial results showed French with 3,667 votes, or 49.18%, followed by Linnartz with 2,852 votes, or 38.25%, sending French and Linnartz into a runoff.

Onion Pushes Back Against Public Blame

Onion’s resignation letter provides a sharply different view of the internal fallout. In the letter, Onion alleges that Linnartz’s May 6, 2026, public statement was “defamatory” toward the City Attorney’s Office and that the city continued to publish it despite internal complaints and requests that it be removed. Onion wrote that he could no longer represent a client that, in his view, had caused and continued to cause professional harm to him and others in the office. His letter also makes clear that he believed the city’s legal staff had been blamed publicly before the full internal record had been presented.

Dispute Over 2020 Charter Review

One of the key disputes in Onion’s resignation letter focuses on Linnartz’s claim that the City Attorney was tasked in 2020 with reviewing the entire New Braunfels City Charter to ensure it complied with state law. Onion wrote that this claim was “wholly erroneous” and said there was no full charter review directed by the City Attorney. According to Onion, the only charter review at that time was directed by the mayor pro tempore, who determined and drafted certain areas of the charter he wanted amended. Onion wrote that those proposed changes were later presented to voters for approval in 2021 after being delayed because of COVID-19.

Mayor’s Letter Criticized Legal Office

Linnartz’s May 6, 2026, letter, attached to Onion’s resignation, stated that the City Attorney’s Office had created confusion in the mayoral election. The mayor’s letter claimed the office had been asked about two weeks before Election Day whether the mayoral race was decided by majority or plurality vote, and that a legal opinion was issued saying the race would be decided by plurality. Linnartz also wrote that no outside legal opinion had been sought and that applicable state law had not been researched or analyzed. The letter said New Braunfels residents deserved to trust that elections were conducted in compliance with state law and that the next mayor would not be seated under questionable circumstances.

Dispute Over What Happened Internally

Onion pushed back against Linnartz’s account in strong terms. He wrote that the assistant city attorneys and paralegal were not involved in the City Secretary’s determination in drafting or approving the February ordinance calling the election under the language of the city charter. He also called the suggestion that there was a formal, in-depth legal opinion from the City Attorney’s Office “false and misleading,” saying his review of email records showed no such opinion was sent. Onion’s letter instead described the issue as a conflict between the city charter and the Texas Constitution that was identified only after the election.

City’s Own Update Described Late Discovery

The city’s May 8, 2026, update said the City Secretary discovered that previous ordinances stated the mayor would be elected by majority vote, which conflicted with the city charter. After consultation with the City Attorney, the 2026 ordinance was written to match the charter and was approved by City Council on February 9, 2026, as part of the consent agenda. The city said the conflict with the Texas Constitution was not discovered until May 4, 2026, when outside legal counsel notified the City Attorney after seeing election coverage. That timeline differs from the implication in Linnartz’s letter that the City Attorney’s Office had already issued a deficient legal opinion before Election Day.

Legal Staff Says They Moved Quickly

Onion’s letter also says the City Attorney, outside counsel, staff members, the City Manager, City Secretary, Communications Director, and candidates were contacted after the conflict was identified. He wrote that the office worked quickly to put out a public statement and move the mayoral race toward a runoff. Onion argued that the legal correction protected the election process rather than undermined it. He also wrote that taking that action prevented possible future legal challenges, including action by the Texas Attorney General or the Comal County District Attorney.

City Attorney Terminated Same Day

The resignation came the same day City Council considered the future of City Attorney Valeria Acevedo. Following a closed executive session on May 11, 2026, council voted 4-3 to terminate Acevedo. Council members Toni Carter, Mary Ann Labowski and April Ryan dissented, while Mayor Pro Tem Lawrence Spradley made the motion and Councilman Michael Capizzi seconded it. Linnartz, who is also a runoff candidate, cast the tiebreaking vote to end Acevedo’s tenure.

Council Agenda Focused on Election Law

The May 11, 2026, council agenda also included an executive session item to discuss the city charter, ordinances, the Texas Constitution, state statutes, and majority-versus-plurality voting requirements. Another item listed the appointment, evaluation, discipline, or removal of the City Attorney. Acevedo had served as city attorney since 2011 and told council that once the conflict became clear, the city had to follow the law and proceed with a runoff. The council meeting became a turning point in the controversy, moving the issue from a legal interpretation problem into a personnel and accountability fight inside City Hall.

Runoff Election Moves Forward

Council also approved the runoff election for June 13, 2026. The runoff will include the mayoral race between French and Linnartz, as well as the District 6 City Council race between Nikki Shaw and incumbent April Ryan. The city’s runoff ordinance states Linnartz and Ryan will remain in office in holdover status until their successors are elected by majority vote. Early voting for the runoff runs through June 9, with Election Day set for Saturday, June 13, from 7 a.m. to 7 p.m.

A Resignation After 14 Years With the City

Onion wrote that he served New Braunfels for 14 years and had practiced law for 42 years. He said he submitted for Texas Municipal Retirement System benefits as required to receive accrued leave benefits, but emphasized that he was not retiring from the practice of law. Onion also wrote that his resignation was not of his choosing, but was forced by the events surrounding the mayor’s letter and the city’s continued publication of it. His departure leaves the city without one of its senior legal officials at the same time New Braunfels is navigating a runoff election created by a conflict between local charter language and state constitutional requirements.

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