01/28/2024
This is a the first of a multi-part editorial series by Eric Bishop, owner of Brown County Independent and former 10-year mayor of Bangs .
Bangs needs a new City Council. .
Every last member needs to go. .
They betrayed us all Monday night, and in the process they have erased something that can never be re-written – PUBLIC TRUST. .
This goes for the ring leaders and those that merely went along for the ride and eventually gave in to the ring leaders wishes after an illegal hours-long meeting behind closed doors..
Citing non-existent council authority and rights as if they own City Hall whereas it has simply been entrusted to them, one council member overtalked and overruled the direction of the presiding officer which led to flagrant violations of the Texas Open Meeting law by the mayor and all 5 council members when they refused the request of City Administrator Stephanie Jester to have matters relating to her employment deliberated in a public hearing as opposed to in secret. That is her right as set forth in the Open Meeting law. And her decision to exercise that right as an officer or employee affects the rights of everyone else. To be clear, the Open Meeting law is neither a suggestion or an option – it is the law. And every single one of them broke that law..
From the moment Jester requested the meeting be held in the open, every citizen who has the authority and rights to breathe clean air has the authority and rights to know every single word that was said and by whom, yet that was flagrantly violated when they laughed at the law and went on with doing things how they want to do them. Make no mistake about it, they are all familiar with the law. Texas requires every elected official to complete training on that very law. In fact, the law was referenced, albeit incorrectly, when explaining why the council was going to go ahead and violate it at Monday’s meeting. .
“This is, according to what we’ve been told by our attorneys, that the council has the authority to discuss in closed without the city administrator items that need to be addressed between council that we cannot discuss outside of closed session,” said mayor pro tem Greggory Cassady. “Because we’ll be in a quorum so we as a council have the right to discuss some things before we discuss in open as she requested. Because we can’t talk outside these walls without getting in trouble. I mean we’re liable for legal action, correct?”.
And off they went into the Wild, Wild, West and doing it their way. The law itself is crystal clear, less than 70 words that have not changed in 30 years..
Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING.
(a) This chapter does not require a governmental body to conduct an open meeting:
(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or
(2) to hear a complaint or charge against an officer or employee.
(b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing..
The damage that was done in their secret and illegal meeting can never be undone. Whatever grievances or allegations were spoken in that secluded chamber by the two rogue council members that eventually convinced the other three members that it was time to get rid of Jester after less than two months on the job will never face the test of transparency and truth that happens organically when open government laws are obeyed. When the secret meeting ended the council acted to fire Jester. No reasons were given publicly, including when the president of the Bangs Economic Development Corp (BEDC) which actually funds a portion of the City Administrator salary asked for an explanation..
The City is exposed legally for its handling of this. Jester has been permanently violated. All of us have been permanently violated, and whoever “we” is that is getting the horrible legal advice from “our” attorneys are also exposed. There are both criminal and civil ramifications of violating the Open Meetings law which will be covered in a subsequent installment of this series..
Some citizens were told to keep it off Facebook and promised an explanation at a Council and BEDC meeting that was scheduled for Friday (1/26 @ 6 p.m.), however that meeting was cancelled without explanation. .
A closer look at the details indicates the council is well aware that it broke the law and violated Jester’s rights and the public trust, since the Friday meeting between the council and EDC to deliberate on a decision that was already made has now been replaced with a Monday, January 29, 2024 at 6 p.m. council meeting to consult with legal counsel concerning the termination of the City Administrator, and associated matters, and then discussion and possible action regarding the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Administrator, and associated matters..
While the attorney could potentially guide them through the steps of preserving the validity of the intended action taken in the wake of Monday’s illegal meeting, as far as the council goes, all the king’s horses and all the king’s men will never be able to put Humpty Dumpty back together again. The flagrant Open Meeting law violations and the betrayal of public trust that led to this can’t be fixed. We need a new council..
And the underlying personal agendas and abuses of power that led to where we are now can only be fixed at the ballot box. The timing could not be better, as three of the five council seats are up for election in May. The deadline for candidates to file is February 16, 2024 at 5 p.m. That will also be covered in a subsequent installment of this series.