City of Magnolia Administrator Ryan Kelley has resigned after his April 17 arrest on suspicion of Driving While Intoxicated (DWI).

A class B misdemeanor charge of Driving While Intoxicated was officially filed against Kelley on April 22, according to the Montgomery County Clerk's Office online criminal inquiry.

Kelley's resignation came during a special city council meeting called to discuss Kelley's employment April 22.

While Mayor Jimmy Thornton and members of city council were in executive session, Kelley verbally resigned to him in a phone call, Thornton confirmed after the meeting.

Thornton later said there was no phone call and that Kelley came into the executive session conference room through a back door and verbally resigned to him in person.

After the resignation, the council then reconvened into open session and unanimously accepted Kelley's resignation.

Kelley is expected to submit a formal resignation by Monday. If the city has not received one by then, the mayor and council have the right to make a decision regarding his employment, said City Attorney Leonard Schneider during the meeting.

According to his employement contract with the city, he will not receive any severance pay since he voluntarily resigned.

Kelley did not return calls for comment before press time.

"It's a shame that someone would be drinking and driving," Thornton said after the meeting.

He added that the council may discuss a possible interim city administrator at a special council meeting April 26.

"It's upsetting anytime someone's life is affected this way," said councilman Todd Kana. "He did some good things for our city," he said, citing Kelley's work with 4A and 4B projects.

Kelley, 51, was arrested by a Magnolia Police Department (MPD) officer April 17 and taken to Montgomery County Jail, according to the Montgomery County Sheriff’s Office jail roster information.

According to the MPD incident report, Officer Jorge Anez stopped Kelley in his Ford SUV around 2 a.m. in the 400 block of Magnolia Blvd. for speeding and failure to maintain a single marked lane.

He was taken into custody after Anez observed "several clues of intoxication."

Kelley was booked into Montgomery County Jail at 5:06 a.m. and his bond was set at $600.

Shortly after his arrest, Kelley was put on administrative leave by Thornton.

Penalties for DWI offenses can include fines not to exceed $2,000, up to six months in jail and community service. First offenses usually receive probation and DWI education classes, according to texasdwi.com

In Texas, the legal limit for intoxication is .08 blood alcohol concentration.

Kelley was hired by the council in January 2008. He was previously a city administrator for the cities of Rollingwood, TX from 1998 to 2002 and Pilot Point, TX from 2005 to 2006.

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