Sara Inés Calderón - Express-News
Donato's status as a registered sex offender prohibits him from attending meetings at City Hall, which is within 1,000 feet of places where children commonly gather.
Peña declined to comment, saying he would wait for the legal process to take its course. Mayo Galindo, a San Antonio attorney, will handle the matter for the state, according to the filing.
Although Donato accepted deferred adjudication in October for three counts of indecency with a child, part of his plea agreement included registering as a sex offender here. Deferred adjudication is not a final conviction, although Donato could be convicted if he fails to complete the terms of a 10-year probation.
In the petition, Peña contends Donato's continued absences at council meetings prevent him from performing his duties as mayor and asked the court to vacate the office.