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Charlie Riley

Montgomery County officials indicted over road bond shenanigans

I know I’m a bad person, but this continues to amuse me greatly.

A grand jury has indicted Montgomery County Judge Craig Doyal and two commissioners, charging them with violating Texas’ open meetings law last year while developing a bond package for new and improved roads.

Traffic-weary voters in the rapidly growing county approved the $280 million financing proposal, but the indictments left Doyal and Commissioners Jim Clark and Charlie Riley to face criminal charges for their actions in getting it on the ballot.

Grand jurors also charged Marc Davenport, an adviser who helped to broker a deal on the bond proposal. He is married to the county’s treasurer, Stephanne Davenport.

Chris Downey, the special prosecutor who presented the case to the grand jury over six months, said that the misdemeanor charges are punishable by a fine up to $500, as many as six months in jail or both.

Downey said that it’s too early to know whether the case will go to trial.

“Like any criminal matter, whether or not a matter goes to trial is going to be a function of further discovery and negotiation,” he said.

See here for the background. The charges are fairly small potatoes, and I’ll be very surprised if they result in any kind of guilty verdict. I just find it all hilarious. The next time anyone tries to tell you that the suburbs are so much better at running things than the big cities, point to this and remind them that we can generally get bond measures on the ballot without anyone getting indicted.

No way to run a road bond election

Am I a bad person for being unreasonably amused by this?

A special prosecutor has been assigned to determine whether behind-the-scenes negotiations could void a last-minute deal struck by Montgomery County commissioners to get a scaled-back $270 million road bond package on the upcoming November ballot.

At question is whether some commissioners and a powerful tea party group violated the open meetings law. It would mark the third defeat of a road bond proposal in the past decade, with the last one coming four months ago when voters rejected a 20 percent larger bond proposal.

“We’re going to aggressively inquire into all communications and activities that led up to commissioners putting this latest bond proposal on the ballot,” said Chris Downey, the Houston attorney appointed as special prosecutor. “We need to move quickly to determine if anything criminal was done before the Nov. 3 election is held. It could be voidable.”

A Texas Ranger has been ordered to gather emails, phone records and statements from those involved in the negotiations. Downey will then use the information to determine whether a quorum of elected officials intentionally held secret deliberations with the Texas Patriots PAC tea party that decided upon the bond proposal.

County Judge Craig Doyal and Commissioner Charlie Riley have acknowledged meeting with the tea party group, but that doesn’t represent a quorum of the five-member court. However, if emails or phones were used to include other commissioners in the decision process, it could become a “walking quorum,” which violates the law.

“This can be a way for officials to avoid open discussions in a public venue. Under the law, the public is to be notified of when and where a meeting is held so that anyone can attend,” said Dan Bevarly, interim executive director of the National Freedom of Information Coalition. “It sounds like elected officials in this case might later come together in public only to rubber-stamp decisions made earlier in private.”

On Thursday night, The Woodlands Township Board voted unanimously to withdraw support given to the November bond package in light of the investigation.

“It stinks. It’s a back-room deal that lacks transparency,” said Township Chairman Bruce Tough. “A special interest group (Texas Patriot PAC) is dictating terms of the road bond to the county. They are not elected to represent us.”

See here and here for some background. I haven’t followed the details of Montgomery County’s efforts to get another road bond on the ballot, and I don’t have anything constructive to say. I’m just laughing at the comedy of errors going on here. For a region that has so much growth and projected growth, they sure have a hard time governing themselves. You have to wonder if this inability to do anything will eventually hinder all that growth they’re supposed to have.

And then there’s this:

The Texas Patriot PAC issued a written statement: “All private citizens have a right to petition people they elected to serve them. Meeting with two commissioners is not a violation of the open meetings laws. Any suggestion that these meetings violated such laws is entirely without merit.”

Because of the fast-approaching deadline to get a bond proposal on the ballot, the organization said there was insufficient time for more input from residents.

“Throughout this process, we thought of ourselves as representatives of all the conservative citizen groups. The framework ultimately agreed to was representative of what all the groups had been proposing since (the last bond defeat),” the statement said.

However, Duane Ham, who had served on the committee that supported the last failed bond proposal, disagreed. He recently formed the Texas Conservative Tea Party Coalition that the Patriot PAC called the “fake tea party.” “It’s sad when a few are controlling and dictating what happens in our county instead of our people.”

I’m not the only one who thought of this, am I?

I don’t know what this world is coming to when tea party groups start turning on each other.