City of Bastrop – Carol A. Spencer

Turmoil in the City

Wow. The City of Bastrop attorney has resigned. And, his resignation letter should be front page reading for every City of Bastrop resident and taxpayer.

BojorquezResignation

“Given the current climate at City Hall, I have determined our present relationship is not sustainable,” he stated.

He continued, “the time has come to acknowledge that the irreconcilable
differences among the city’s leaders have placed me and my team in an untenable position.”

According to Community Impact, his seven years of service included “a period of ‘tremendous’ change, including five city managers, four chiefs of police, three judges, three mayors pro-tem and two mayors […].”

This isn’t change. It’s turmoil. This isn’t governance. It’s chaos.

His letter opines “While we continue to have confidence in our expertise as Municipal Lawyers, Bastrop is engaged in a transition that is best left to proceed without my staff’s involvement (and without me overseeing your legal matters).”

Translation: The City Council doesn’t listen to expert legal advice and goes off in whatever direction the majority sees fit whether or not it’s appropriate and to the benefit of the residents and taxpayers. In my experience, even if there are major differences of opinions and/or personality conflicts, as long as an entity is following sound legal advice, the lawyer stays on. But when a highly qualified legal advisor steps away saying they are going to “redirect [their] energies” and “allow [the City Council] the opportunity to continue upon [their] trajectory”, that should terrify every taxpayer and resident of the City.

My guess? The City Council will hire in-house counsel, a lawyer who will do what they say because his or her livelihood depends on it. That person will walk the proverbial fence, legally, trying to mold the law into the quest of this City Council majority for power. That lawyer will stay silent while the rights of the minority members, and thus their constituents, are trampled.

This is exactly how corruption takes seed. There is no one outside the circle of power minding the store. Bojorquez’ letter is a warning shot across the bow. Bastrop residents best beware.

Don’t be Fooled

The current attack on Bastrop City Councilwoman Cheryl Lee is nothing more than retribution and payback. Her City Council opponents say the concerns raised in her 42-page detailed memo aren’t worth investigating. Instead, they wanted to limit her access to information and want her off the Council.

Retribution. Retribution is common in the political world. This attack on Councilwoman Cheryl Lee is nothing more than retribution for her support of ending the vicious attack on Mayor Nelson. It’s retribution for her call for the shenanigans to end and a return to the business of the City and its residents.

Payback. Payback is common in the political world. If citizens didn’t know it existed before, the lawfare thrown at President Trump is proof positive. Take on the establishment, those who want power and control, and as Senate Minority Leader Chuck Schumer said, they have “six ways from Sunday at getting back at you.” That’s true for not only the intelligence community, but politicos and their funders / supporters.

Cheryl Lee and I are in opposite political parties. But, the first time I heard her speak (it was about the wastewater treatment project), I knew she knew her stuff and spoke from a position of being well informed. You see, I was a councilwoman and mayor of a town that had been under a 20 year sewer ban, one that built a 4-phase, 1400 home, sewer project, and dealt with all the issues associated with that. It was quite obvious that Cheryl Lee does her homework.

To the public: Don’t be fooled. From my experience, when council members vociferously attack other council members, it’s a sign of either corruption or of ignorance. Far too often, elected officials just go with whatever the city administration has to say, not wanting to do the detailed homework necessary to do their jobs and cast informed votes. Less often, they are actually part of the game and don’t want anyone around who might be looking into the details of complex transactions.

Administrators work for the Council. Thus, it is the Council’s job to be sure they are doing what they’re supposed to do, ensuring contracts are properly scoped and administered, bills are properly paid, employees and contractors are fully qualified for their work, contracts aren’t thrown to unqualified friends, and projects come in on time and as budgeted. If Council people aren’t asking informed and detailed questions, how can they possibly claim to represent the people who elected them?

Cheryl Lee should be thanked, not vilified, for her work and effective representation. Beware those who do otherwise.

The Emperor Has No Clothes

Today, Mel Cooper who serves as chairman, treasurer, and person calling the shots at Bastrop County Conservatives, sent out an email to his list asking people to show up at the Bastrop City Council meeting tonight.

Emperor has no clothes Why? He says it’s to “demonstrate what kind of leaders and citizens we want in our public offices”. Is it that, or is there more to the story?

Among the list of alleged accomplishments of the city manager was that she “Maintained flat tax rates, the only jurisdiction in the county to do so, while other areas raised theirs.”

Tax Rates. Politicians point to tax rates all the time saying they lowered them or kept them stable. Pointless. Of course the tax rate will be stable or lower in a city growing like Bastrop. More and more dollars pour in as more and more buildings are built and taxed.

SPENDING is the key. I note that Cooper didn’t comment about spending. It doesn’t fit his narrative.

So what about double-digit raises? Paying a temporary employee the equivalent of a 6 figure salary. Spending hundreds of thousands of dollars on a witch hunt against a duly-elected city official. Having the authority to spend up to $50,000 on any given item without Council oversight and approval. Accepting waivers from the City Council to buy a house outside the city limits when the City Charter demands living within those limits (a charter provision just reinforced by a public vote in November).

I note Cooper’s email mentions none of those.

It makes sense, though, that he comes to his Council buddies and Carillo’s, defense. After all, they voted to donate $25,000 to Cooper’s pet project last year, the “Festival de la Cultura”. And, it seems Carillo and crew went out of their way to make that happen. Here’s the timeline:

The staff report is undated, however the supporting census information for this line item was created 10/19/2023.
October 19, 2023: Sylvia Carillo’s staff report says “Festival de la Cultura” is a 501(c)(3) under Federal IRS guidelines. The application for 501(c)(3) status had not even been filed with the IRS on this date.
October 20, 2023: City Council agendas go live the Friday before a meeting, meaning the $25,000 donation was already on the 10/24 agenda on 10/20, the date the Texas non-profit was formed.
October 20, 2023: Texas Secretary of State records show the non-profit was formed effective October 20, 2023 with Mel Cooper as one of 3 directors.
October 24, 2023: The agenda item itself, and the agenda item presentation at the meeting, were by Sylvia Carillo, the same City Manager now so strongly supported by Mel Cooper.
October 24, 2023: The $25,000 taxpayer funded donation was approved by the Bastrop City Council. Cynthia Meyer made the motion. John Kirkland seconded it. It was unanimously approved. (Mayor Nelson does not have a vote.)
April 27 & 28, 2024: Festival de la Cultura was held at Mayfest Park in the City of Bastrop
July 1, 2024: The IRS approval letter was issued and posted online a full two months after the April 2024 event. Approval was retroactive to October 23, 2023.
The organization is required to file 990s with the IRS. They are due 5 1/2 months after the fiscal year end date. If Festival de la Cultura has a fiscal year that ends on December 31, 990s were due on May 15, 2024. No 990s have been filed. They’re late.
Minutes on subsequent agendas at the City of Bastrop show no discussion items regarding the Festival or the expenditure of these tax monies.
March 5, 2024 – Cultural Arts Commission meeting – no minutes online
April 2, 2024 – Cultural Arts Commission meeting – no minutes online
May 7, 2024 – Cultural Arts Commission meeting – “Approximately 5,000 attendees. Attendance was lower due to weather.”
These are the only comments in City minutes. No financial accounting anywhere.

Councilwoman Cynthia Meyer very pointedly stated at a Council meeting that she would watch every single dollar of taxpayer monies spent by the City. And, that is, after all, the job of City Manager Carillo.

The emperor has no clothes.

The Way it Should Be

Yesterday, November 2, 2024, just 3 days before Election Day, we held another one of our pop-up rallies. We had already done them in Smithville and Elgin, so it was Bastrop’s turn. Where else but the beautiful and iconic Bastrop Bridge? We met at 9 and started our flag waving.

Shortly thereafter, we were greeted by a Bastrop police officer who told us that (1) we needed a permit if more than 4 or 5 of us were going to stand in one place, and (2) we needed to stay on the protected side of the barrier. Not being our first pop-up on this very bridge, we knew we did not need a permit (it’s a public sidewalk) and we also knew we could not block that sidewalk and could not venture into the road. After some discussion, everything was settled and we resumed our flag waving to very receptive passers-by.

About an hour later, a huge number of Democrats arrived, probably 50 – 70. Most ventured down to the other end of the bridge. A few decided to surround us by staying where we were. The attempt to intimidate was, frankly, funny. There were only 8 of us.

Pretty much everyone was pleasant. We exchanged “good mornings” and our joy at the cloudy day versus the hot sun burning down on us. A few were obnoxious as they passed us by, made snide comments, but we just ignored them and kept waving our flags.

The vehicle response was tremendous. Just like at our other pop-ups, the ratio of thumbs up to thumbs down was probably 50 to 1.

Sign in the road Later in the morning, after taking a much needed break, we drove across the bridge. People in the road There was a huge campaign sign and multiple people in the breakdown lane and probably 15+ sitting on the barrier swinging their legs on the traffic side. Very, very dangerous. Had anyone slipped, they’d have fallen into traffic. Had those been our folks, I would have immediately told them they needed to be out of the road and behind the barrier. But they weren’t. So, yes, I admit it, I called the police to ensure everyone’s safety. The police arrived and politely asked everyone to be behind the barrier and safety returned.

Republicans and Democrats CAN get along! But, apparently, someone wants to stir the pot. Someone has started rumors that there was some altercation between the Dems and the Republicans. Fake news. Just not true.

For me personally, I have many friends and family members who are Democrats. In fact, this summer one of my favorite Dems attended the Trump rally in Wilkes-Barre PA with me. We had a blast.

Yesterday was one of the best examples of how people can support the candidate(s) of their choice and do it in one location. Again, my opinion, but I like seeing people out and active, not sitting at home and doing nothing but complain. Perhaps the photo at left will help everyone remember that we’re all Americans first and foremost. Thanks to everyone for a wonderful day!

Sloppy Government

I’m shocked at the sloppiness in how the City of Bastrop conducts business. And, sloppy government = closed government. Is the sloppiness just incompetence or is it purposefully being used to confuse the public and deter their participation?

I started watching the City of Bastrop Council machinations when three of them (a voting majority) started down the path of demanding the mayor’s resignation, accusing him of all manner of wrong-doing.

Though more than 20 years ago, I remember very vividly when my political opponents manipulated people, angry about a state-mandated housing development, to demand my resignation. In my case, it made good press, but they couldn’t even muster the signatures on a petition. And, the woman who so vociferously pontificated at that meeting ended up the one in trouble. She was a Board of Education member and failed to note that she was not representing them when she spoke. She was formally reprimanded.

So this attack on Lyle really piqued my interest. For the most part, I know the players and who is connected with whom in the political world. I have a pretty good idea who is seeking power and control. Most people don’t see the back story so they’re easy to sway with twisted allegations of misuse of funds.

I have read every investigative report. I’ve done my own research into the organization involved. I attended hearings and Council meetings about the massive Gateway development and rezoning requested. I’ve read agenda packets, including the details of ordinances and contracts. I was at the Ethics hearing. I watched the Charter Commission meetings. I’ve watched Council meetings online, sometimes multiple times. I’ve written a couple of letters to the Council and testified at public hearings.

I could write an entire chapter of a book, full of examples of sloppy government. But, let’s take the most recent one: getting Charter changes to the November ballot for public vote.

To get something to the ballot, the final step is the Council passing an ordinance calling for an election, including the specific verbiage and details of when and where the election will be held. If the Council wishes for the County to run the election in conjunction with the other elections it runs, the City Council must sign a contract with the County.

For the November election, the statutory deadline for all of that to be approved was August 19, 2024. The Council called a Special meeting that very day. Nothing like waiting to the last minute. Sloppy.

Ordinances must have a first reading and a second reading before adoption. Agendas must be published online no later than 72 hours before a meeting. The public must be given the opportunity to speak on ordinances.

How can the public do that if the ordinance isn’t presented until the meeting itself? See August 19 agenda, item 3B staff report, “Ordinance language will be presented at the meeting on Monday.” Sloppy.

Not the first time I’ve seen this language on a staff report included in a City of Bastrop Council agenda.

Sloppy or purposeful? How can the public comment on an ordinance for FINAL adoption that it hasn’t seen? Why doesn’t the Council demand that agenda items are ready for Friday presentation to the public? And, shouldn’t the Council want time to read through that which it’s voting on a few days later?

Item 3A on August 19 was about putting Charter changes on the November 5 ballot. The dates/times/locations for the election were all wrong. What’s to say the language in the 3B ordinance, not yet written, wouldn’t also be wrong? Turns out, it was.

I pointed this out to a Council member. Not one word about it from the dais during the meeting. In fact, a review of the video and minutes from the August 19 meeting show that the Council never actually took a vote to call an election for the work of the Charter commission. They never even discussed the ordinance. They only discussed each Charter change. Thus, they missed the statutory deadline for calling an election. Sloppy.

But, who cares about a silly ordinance being correct and passed on time? Fast forward to the August 28 meeting.

The Council “ratified” a re-written ordinance, one completely different from the August 19 ordinance. And, guess what? Yes, again the dates/times/locations of early voting were wrong. And, again, I notified them of the errors, this time, in writing to the entire Council.

Yet, no discussion from the dais of correcting that information. If they fixed it before the vote, how would the public know? We wouldn’t, and we don’t. If they didn’t fix it before the vote, so what? Who cares what an ordinance says?

The City Secretary’s excuse? Locations change so we’re adding a note that they change. While that’s true, the correct data had been on BastropVotes.org for weeks. Whoever wrote this ordinance took the 15 election day polling places and erroneously put them in the ordinance as the early voting locations. Sloppy.

Did any official review the ordinance, any Council member, the City attorney, the City Manager, the City Secretary? Anyone? No, it took a member of the public to point it out. Sloppy, sloppy, sloppy.

This Council needs to get its act together. It needs to pay more attention to detail. It needs to acknowledge that members of the public aren’t there to watch a movie, but are there to participate in their government.

This Council needs to remember that the point of the Texas Open Meetings Act is so government “of the people, by the people, and for the people” functions in favor of citizens, not highly-paid managers and their cronies. It’s their job to protect and enforce open government, not allow it through accidental or intended sloppiness to function in darkness.

Government Behind Closed Doors

In 1989, I ran for Township Council on a platform that included Open Government. We elect representatives, and other than those items allowed to be discussed in executive session by law, majorities of governing bodies should ALWAYS discuss government business in public.

I was shocked to learn that the City of Bastrop Charter allows a voting majority to meet in private because of its definition of a quorum. Currently set at 4, that means 3 City Council members can meet in private. The voting majority is 3. So any and all public business could be discussed in private.

Mayor Nelson supports changing this to a quorum of 3 so no more than 2 (less than a voting majority) can meet in private. Those trying to recall him want it to stay the way it is. No wonder they want Nelson recalled.

Please read this article on indytexans.org. If you signed the recall petition and now realize why its happening and no longer want to support it, you can have your signature removed. This article explains how to do it.

Remember: WE THE PEOPLE are the government. WE THE PEOPLE have the right to know what our representatives are doing and discussing. WE THE PEOPLE will be kept in the dark if a voting majority can meet in private, contrary to the principles on which this country was founded.