Tuesday, July 15, 2014
TRWD BOARD IGNORES JUDGE’S ORDER: Director Kelleher To Not Attend Meetings Until Board Complies
The press release in its entirety....
Director Kelleher To Not Attend Meetings Until Board Complies
No Legal Quorum Without Kelleher
Fort Worth, Texas — July 15, 2014
On February 27, 2014 United States District Judge Reed Charles O’Connor handed down a ruling regarding a suit brought by citizens concerned with TRWD board members violating the Texas Constitution by extending their terms to five years. The Federal Court’s ruling stated in part: "Accordingly, the Court finds, from the text of the pertinent authority, that the Texas Legislature did not intend the TRWD to call an election this year but did intend Section 49.105 to address the interim period between the expiration of Lane and Leonard’s terms and the election in May 2015. Because Section 49.105 states vacancies will be filled by appointment,” In contradiction of this Federal Court ruling, the TRWD ;board has taken no action to address the terms of Jim Lane and Marty Leonard which ;expired in May. In spite of their expiration Lane and Leonard continue to serve, vote, and attend executive session.
Director Mary Kelleher stated, "I represent the people and do what I believe is in their best interest. But how do I explain that if I attend board meetings knowing that two of the board members' terms have expired and there has been no attempt made by the board to appoint successors I would be violating Judge O'Connor's order? I have respect for the law and this is a real conflict for me. "
Director Kelleher went on to say, “This behavior could have serious consequences. By allowing unqualified (unelected or appointed) people (Leonard & Lane) to vote and participate in executive sessions the remaining members of the board could be violating the law and once again, be betraying the public trust.” says Kelleher. "I remain ready, willing, and able to faithfully represent the people of Tarrant County once the board agrees to address this issue."