SHERMAN, TEXAS -- Sherman city council formally swore in the city's new police chief tonight, but one council member wasn't there to see it.

Councilman Joe Smith was arrested for DWI for the second time in a year on Friday.

In a statement, he says tonight's meeting should focus on the induction of Sherman's new police chief and not on himself.

Lt. Rickey Wheeler with the Grayson County Sheriff's Office says Smith was arrested for DWI and driving with an invalid license Friday and was then booked into the county jail.

Wheeler confirms that Smith was also arrested last June for DWI.

Smith sent a statement to us today saying he has no comment at this time and will "allow the judicial process to take its course in this matter."

He added that his absence at tonight's meeting is because he sincerely believes that his attendance would "draw attention away from Chief Henry's extraordinary achievement of his life long goal."

Smith's name plate was missing from Council Chambers tonight, but Mayor Cary Wacker continues to tell us "no comment" on the matter.