Attempting to turn back time to the days when the City Council regularly dismissed the Open Meetings Act as if it did not apply to them; on Tuesday night Forney citizens packed city hall
to listen in awe as council member’s Mary Penn, Robbie Powers, Kevin Moon and Shaun Myers were confronted by several citizens regarding their termination of the Markout Water Supply Maintenance Agreement.
Reverting to a practice regularly used by former mayor Darrell Grooms, Council Member’s Mary Penn and Robbie Powers introduced brand new politicians Kevin Moon and Shaun Myers to the fine art of using Executive Session as cover for political retribution.
The officially posted agenda for the June 6, 2017 council meeting did not list the Markout Water Supply Maintenance Agreement for public debate, discussion or vote.
No homeowners living in the affected development area were notified that the council would be discussing the Markout Maintenance Agreement, much less voting to terminate it.
A very calculated political maneuver designed as payback against the voters of Greyhawk who did not support the election of candidates Moon and Myers; Robbie Powers and Mary Penn pulled out their Grooms play book and came up with an underhanded illegal manner in which to vote for termination of the Markout Maintenance Agreement.
The Texas Open Meetings Act only allows three topics to be discussed in Closed or Executive Session. If the topic does not qualify for one of the below reasons the council by law must discuss the item in Open Session.
1. Consult with legal counsel regarding pending or contemplated litigation or a settlement offer and/or matters in which the duty of the attorney to the governmental body under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code (Tex. Gov't Code Section 551.071).
2. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code 551.072).
3. Discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Forney and with which the City is conducting economic development negotiations; and to deliberate the offer of a financial or other incentive to the business prospect (Tex. Gov't Code Section 551.087)
Penn and Powers both understand the rules which govern open and closed meetings. They are both seasoned politicians who simply manipulated the situation in order to satisfy their special interest supporters which include High Point Water Supply Manager Linda Stewart, High Point Board Secretary of Treasure Samantha Keats and Kaufman County Tea Party Chairman Ray Myers.
It was Council Member’s Penn and Powers who requested that the Markout Agreement be addressed in Executive Session, and it is Penn, Powers, Moon and Myers who will now be reported to the Texas Attorney General for possible violations of the Open Meetings Act.
Should the residents of Markout and or Greyhawk consult an attorney they will quickly discover that a District Judge can request to review the minutes of Closed Sessions.
Should this happen it will undoubtedly be discovered that attorney Thatcher was not consulted, although he was present, but instead Penn and Powers held a two hour political debate on how the MWS Maintenance Agreement should be cancelled.
On Tuesday night four citizens waited through a very long three hour meeting in order to address the council on the illegalities practiced by Penn, Powers, Moon and Myers in regard to the termination of the Markout Maintenance Agreement.
All four citizens including FISD School Board President Keith Bell were video taped and each will be heard clearly by the readers of The Forney Post.
Council Member Mary Penn once campaigned using the slogan “Shining the Light on City Hall”; surely Penn, Powers, Moon and Myers will have no issue with the voters of Forney shining the light on their current actions.
Articles previously published regarding the MWSC Maintenance Agreement: