Federal Judge Issues Order In TRWD Election Case

Interesting incoming email from the Texans For Government Transparency regarding the ongoing lawsuit against the Tarrant Regional Water District Board's arbitrary adding a year to two of the Board's Director's four year terms to which they were elected, with the objection being to the added, un-voted for, 5th year.

Below is the text in the email from the Texans For Government Transparency....

Federal Court Waits, but Points State Court to Texas Supreme's Ruling as a Hint !

(Fort Worth, TX)  United States Federal District Judge Reed O’Connor has decided to abstain from making a ruling at this time in the case brought by Reverend Kyev Pompa Tatum, Sr., a member of Texans For Government Transparency, against the Tarrant Regional Water District Board.

Judge O’Connor opted instead to issue an order pointing the state court to appropriate case-law.

In the order handed down by the Federal District Court late Tuesday; Judge O’Connor wrote, “In State v. Catlin, however, the Texas Supreme Court held that the Texas Legislature could not extend a city clerk’s two-year term, as provided in the Texas constitution, by enacting legislation that moved the election to the following year.”

Judge O’Connor expounded on this important case law stating the Texas Supreme Court found, “Article XVI, Section 17 ‘never contemplated such legislation, but was intended to meet such emergencies as might occur under laws requiring elections or appointments to such offices to be made every two Years’”

In the federal lawsuit Reverend Tatum says the TRWD board of directors is illegally granting two of their directors a fifth year in office, after being elected to four year terms, by misrepresenting a newly passed state law. Reverend Tatum’s suit goes on to contend this action denies both he and the people of Tarrant County their basic constitutional right to vote for their elected representatives.

TFGT President John Austin Basham was pleased with the Judges order saying, “Judge O’Connor essentially passed this case back to state district court while giving them a nudge in the right direction.” Basham went on to say, “Judge O’Connor made it clear that Reverend Tatum could redress this claim in his court if the state district court’s ruling is in error or the state fails to rule at all.”

The state case brought by TFGT, John Austin Basham, and Darlia Hobbs against the TRWD Board of directors will continue Thursday February 6th in Tarrant Counties 48th District Court in front of Judge David Evans. Basham commented on the case continuing Thursday by saying, “With the clear guidance and reading of the law by the Federal Court, I expect the state court’s decision will come quickly. The big question is whether or not the TRWD board will then allow voters to vote or drag us back into court?”

Texans For Government Transparency File Federal Lawsuit Against Tarrant Regional Water District

Incoming email from Mr. JAB informing me that "We filed the Federal lawsuit against TRWD this morning." The email came with two PDFs attached, with one of those PDFs being the Texans for Government Transparency Press Release, converted from PDF to text, which you can read below....

FOR IMMEDIATE RELEASE

January 15, 2014

Citizens File Lawsuit Against
 Tarrant Regional Water District and Board

Cite Unconstitutional Practices in Election Process

(Fort Worth, Texas) ‐ Four concerned Tarrant County citizens have taken action against the Tarrant Regional Water District and its Board of Directors in regard to the unlawful extension of term limits. The Board is attempting to extend the terms of its elected Directors beyond the maximum four‐year term allowed by the Texas Constitution by refusing to hold elections in 2014.

“I filed this lawsuit because the Board has gone too far this time. They have a long history of unethical behavior and the fact is they are violating the Texas Constitution,” said Rev. Kyev P. Tatum, Sr.

The Tarrant Regional Water District Board (TRWD) currently includes elected‐officials Victor W. Henderson, Jack Stevens, Marty Leonard, Jim Lane and Mary Kelleher. Ms. Kelleher is not implicated in the actions giving rise to the lawsuit and has publically stated the TRWD is constitutionally required to hold an election in 2014.

The lawsuit contends that “Article XVI, Section 30 of the Texas Constitution plainly and unambiguously provides that no TRWD Director may serve a term in excess of four years. Thus, an election must be held at the end of each term, or the term limitation is rendered meaningless.”

The timing of the lawsuit is imperative due to the upcoming Uniform Election Date on May 10, 2014. At this time, the four‐year terms of Jim Lane and Marty Leonard will expire. According to Texas Election Code § 3.005(c)(2), February 28, 2014 is the last day to order an election on the Uniform Election Date on May 10, 2014 and the last date a candidate for TRWD may apply for a place on the ballot. The candidate filing period opens on January 29, 2014, a mere 14 days from now.

“It’s really quite simple. The ending of a term requires an election and TRWD’s refusal to call a required election deprives the Plaintiffs of their constitutional right to vote,” said attorney Matt Rinaldi. “The TRWD’s position is dangerous precedent. They can’t refuse to hold an election and establish an indefinite term for Directors any more than Congress can refuse to hold a presidential election to establish an indefinite term for the President,” continued Rinaldi.

“The right to vote is a fundamental political right. I’m doing this to protect the interests of all residents,taxpayers and voters of Tarrant County,” said Rev. Tatum, Sr.

Reverend Tatum is a member of Texans for Government Transparency, a watch‐dog group of volunteers dedicated to making government transparent and more efficient. The organization is an established non‐partisan group with broad support from concerned citizens whose priority in Ft. Worth is to clean up the water in the Trinity River.

Texans for Government Transparency is a non-profit human rights organization focused on bringing transparency and accountability to government, while protecting the privacy and civil rights of the citizens of Texas.

Texans for Government Transparency

8551 Boat Club Road Suite 121

Fort Worth, Texas 76179-3674

www.TFGT.org

Tarrant Regional Water District Loses Another Court Decision

Yesterday in my incoming email I found the for Immediate Release Press Release you see to the left from Texans for Government Transparency. I hope releasing this press release the day after I got it is immediate enough.

Below is the TFGT Press Release in its entirety....

Texans for Government Transparency

TRWD Loses Key Court Decision on Case about Violating Texas Open Meetings Law

(Fort Worth, Texas) This past week, a key decision was handed down in a lawsuit against the Tarrant Regional Water District for violations of the Texas Open Meetings Act allowing the suit to move forward in court. The judge struck down a motion from the TRWD where they asserted they were not only exempt from being sued due to jurisdictional issues, but did not have to comply with the Texas Open Meetings Act in any matters before the court. Judge Susan McCoy of the 153rd judicial district denied the TRWD’s motion on August 26, 2013 clearing way for the case to be heard.

 The suit filed by East Texas ranch owner and businessman, Monty Bennett, alleges the TRWD violated the Texas Open Meetings Act over 600 times in making key decisions. This suit also alleges these decisions were made behind closed doors and away from public oversight. In these meetings millions of dollars of taxpayer’s money was awarded to contractors and individuals. Perhaps the lawsuits most damaging allegation contends in these same secret meetings people’s land and properties were marked to be taken by eminent domain without owners ever having been told of any meeting of the TRWD. Mr. Bennett’s family ranch in East Texas, where they raise exotic wildlife and endangered species, is one of the properties the TRWD has marked for the taking and prompting him to action.

“The Texas Open Meetings Act is there to ensure oversight of government agencies by the citizens of Texas.” says John Austin Basham, President of Texans For Government Transparency, “The idea of our government meeting in secret and planning to take someone’s family ranch, home, or property is outrageous!” Basham adds, “The argument the TRWD puts forth that they are exempt from any oversight under the Texas Open Meeting Act speaks to how little regard they have for both the law and the people they purport to serve. We are Texans, the government saying ‘trust us, we know what’s best for you’ is not something that sits well with our nature or our spirit.”

Mr. Basham did however express his doubts with any rapid resolution in this case, “The TRWD has a track record of spending Millions in taxpayer’s dollars to defend legally troubling arguments. But worse, they lose every single time! So, in fact they spend all this money on lawyers and court costs as a delay and harassment tactic. This misuse of money and trust allows them more time to continue violating the law, ignore the public’s will, oversight, and input.”

Texans For Government Transparency has also filed suit against the TRWD for violating the Texas Constitution by skipping elections and allowing board members to serve an extra year without a vote of the people. TFGT expects to be victorious in this case forcing the TRWD to allow the people to vote for those who represent them, rather than having career bureaucrats dictate who serves and for how long.

Texans for Government Transparency is a non-profit human rights organization focused on bringing transparency and accountability to government, while protecting the privacy and civil rights of the citizens of Texas.

Contact: John Spivey
Telephone: 817-706-2947 September 2, 2013
Email: johnhspivey@hotmail.com
8551 Boat Club Road Suite 121
Fort Worth, Texas 76179-3674
www.TFGT.org