 Printer friendly version |
 E-mail to a friend |
Updated Wednesday, September 09, 2009 9:25 PM
CLEAT to file action to halt Grayson County bond election
BY KATHY WILLIAMS
HERALD DEMOCRAT
The prospect of a bond election Nov. 3 to fund building a county jail, is drawing new fire from Combined Law Enforcement Associations of Texas. CLEAT issued a statement Wednesday that it is preparing a lawsuit seeking a declaratory judgment against Grayson County. The action would ask the court to declare void all actions taken Aug. 31. That includes the call for a bond election.
CLEAT Senior Field Representative Dwight Tiller said his organization will file a lawsuit by the end of the week in state district court in Grayson County claiming the meeting did not meet posting requirements of the Texas Open Meetings Act, because the meetings agenda was not posted at least 72 hours in advance of the meeting.
The legal action has been approved by CLEAT General Counsel H.L. O'Neal and its senior attorney Richard W. Carter, Tiller said. Tiller forwarded to the newspaper a letter from Carter to Grayson County District Attorney Joe Brown dated Sept. 2.
Grayson County Judge Drue Bynum said Wednesday evening that this is the first he had heard of the issue. He said he believed the meeting was posted by 10 a.m. the Friday before the meeting, which is the required time. Asked if he had heard that the notice bore a time stamp of 10:01 a.m., he said, "That's the first I have heard that, but if they're willing to sue, then we'll go forward with it."
The letter states that it calls to Brown's attention a problem with the business conducted by the Court Aug. 31. The letter quotes the Texas Open Meetings Act requirement that notice of a meeting must be posted in a place readily accessible to the public at least 72 hours before the scheduled time of the meeting.
The letter states that the notice and agenda for the Aug. 31 Commissioners Court meeting, "that was posted at the courthouse has affixed to it a 'FILED FOR RECORD' date and time stamp which reflects the time of 10:01 a.m. on Aug. 28, 2009. The scheduled time for the said meeting was 10 a.m. on Aug. 31, 2009. The meeting was called to order by County Judge Drue Bynum at 10 a.m. on Aug. 31, 2009. Thus, the notice was less than the statutory requirement of 'at least 72 hours before the scheduled time of the meeting.'"
Carter states that if he is correct, "then all the actions taken by the Grayson County Commissioners Court on Aug. 31, 2009 are in violation of the Texas Open Meetings Act and are 'voidable' (according to that law.) And, that, Tiller said, is what his organization hopes a state district judge will rule as well.
Tiller said that CLEAT had not received a response from Brown regarding Carter's letter.
Tiller said that even though there is only a minute's difference between the time stamp and the legal threshold for posting time, more time was required to post the notice. After the person stamped the document, he or she had to walk downstairs to the display case where such notices are posted, open it and post the notice. "And no one knows how much time that took," he said.
Tiller added, "This late posting did not surprise us because of the apparent rush to get the bond item on the agenda and the fact that Commissioner Gene Short did not get some of the supporting documents until 30 minutes before the meeting."
The bond election had to be approved before Sept. 3 to appear on the Nov. 3 ballot, Tiller said. The next uniform election date is in May.
Tiller said his organization also is concerned about the limited public discussion of the agenda items.
In addition to calling a bond election, actions the Court took on Aug. 31 included creating Grayson County Public Facility Corp., to sell bonds to finance building the jail; hiring underwriters, legal counsel, bond counsel and underwriters counsel for a bond issue; hiring a consulting architect for the jail, all related to expanding or bulding a new jail. The Court also approved the form of a contract to operate and manage a jail with Southwestern Correctional LLC. Also related to jail activities was the approval of paying attorney Clyde Siebman to represent Sheriff Keith Gary in his role of reviewing and approving the contract with Southwestern Correctional.
Non-jail-related items included approving the CodeRED contract for emergency notification; awarding a bid for replacing roofs at North Texas Regional Airport; paying the county's bills and a resolution asking the county clerk to reconsider including the S&S Consolidated School District's bond election on its November ballots and in its polling places.
Brown did not return calls for comment on Wednesday evening.
 Comments ... 24 found!
Man Up, People! : 9/13/2009
Whether or not I agree or disagree with the goings on regarding our county jail is not what I wish to address at this time. Those of you who know me know exactly where I stand. HOWEVER, there is something that has been lost sight of in this emotionally charged debate. It is that Commissioners Short, Waldrip, Whitlock, Crisp, and County Judge Bynum live in this county, too. Their families live here and are also subject to the same outcome as you and I, when it comes to the impact that this will have on our community. I have observed rational, intelligent discussions deteriorate into accusations and name calling, of which, nothing good or productive can be gained. This benefits no one. If you have a question or are contributing an opinion, you should have the “cojones” to attach your name to them. We have the privilege of being able to do so freely in this country and is the right thing to do. If you are not willing to stand behind what you say with your name, it is meaningless and bears no weight in the matter. Signing,Sue Brown
Sue Brown
CLEAT : 9/12/2009
While Judge Bynum has caught most of the heat, Commissioners Waldrip, Whitlock, and Crisp should be held accountable when each comes up for election. Bynum could not have gone so far wrong unless those commissioners voted to support him. Thanks to Gene Short for remaining independent and not blindly following others.
Shermanite
: 9/11/2009
Have any of you ANONYMOUS posters given thought to the fact that Drue Bynum has a family that does not welcome the character assassination? Drue Bynum made a decision and stuck to it. You may or may not agree with that decision. An amazing thing about our great country is that we are able to have AND voice an opposing opinion. These vicious attacks go well beyond that concept. I find it quite interesting that the very people who malign Drue Bynum’s character haven’t the character themselves to attach their name to comments. It is very easy to snipe when your identity is concealed. I can assure you that the family of Drue Bynum DOES NOT believe he is a communist, a crook, a thief, a liar, a cheat or on the take. Hardheaded maybe and a capitalist for sure. You might try a little less venom in future ANONYMOUS posts. Or, show some integrity and lose the alias.
Keri R. Bedard
jail bond : 9/11/2009
Why did the Sheriff and Gene Short suddenly at the last minute change their mine on a private jail? This was the Sheriff's baby from the start, the mayor says a 500 bed jail will last us 10 years, what will we do then? The bond for the 500 bed won't be paid for and we will be out of room. If a bond election passes your taxes will go up to pay for it. Once it is build your taxes will go up again to staff it and run it. In 2 years you could and probably see a tax rate of .75 to .80 cents per hundred. Don't let the mayor and Tony Beaverson feed you dung and tell you its steak.
2948
To Shameful : 9/11/2009
Your rant made me lol. You must be drinkin the kool aid the commissions have been serving at their "lunch meetings". I want to know which one of these guys you work for or are related too. Its obviously not Commissioner Short, since he was the only one you failed to mention in your brown nosing post. I say, with all respect, if some of these other posters are spreading lies (which they aren't), you sir or madam are even worse for putting these men on a pedestal when it has been proven that they are liars and cheats. These guys you mentioned have been trying to pull an end around on the people of Grayson County for upteen months on this jail issue to get it privatized. They had no idea that the people here would oppose their plan. And calling 'ol Drue and Waldrip gracious...lol! Have you ever been to these meetings and observed the way that Bynum talks to people? He is a very disrespectful person and Waldrip is a head nodding yes man who is also very rude and condescending. These men have been under the microscope for a reason, and I imagine CLEAT has only the tip of the iceberg on the illegal things that they have been up to. Heck, read the editorials written by the hearld democrat staff writers on these issues. They are very good reads and also good indicators of how these commissioners have been conducting buisness for a long time. Sheriff Gary and CLEAT should be commended for standing up for the citizens of Grayson and doing the right thing when the men that we elected could not.
True Grit
Dear Shameful : 9/11/2009
Dear Shameful, I want to compliment you for your intelligent, convincing and well spoken comments. To bad this is your first and last comments as you seem to have a wonderful mind to contribute to a conversation. Having said that, I am still respectfully opposed to a private jail for Grayson and Sherman. My reasons are formed by reading and hearing from a variaty of folks, many as well spoken as yourself. Doesn't that make for a difficult time of deciding? All of the commisioners and judge may be beyond reproach, however we are bombbarded daily with news of another crooked politician, pedophile priest or teacher, Fox, CNN, MSNBC news. I am sixtyish and it seems to me there is truth in the old axiom: you can't believe anything you hear; and half of what you see. I would also like to say that the com. board knew when they sought office that they answer to the people. I suspect that was a pledge somewhere along the line. The people do not have to aggree with one another, just reach a consenses for the public good. Thank goodness we have people watching. It would just be simpler if we knew who and what to believe. I am nobody, no axe to grind. I am a taxpayer with a horse in the race(Grand children).
Good day to all
To: Shameful : 9/11/2009
Shameful, which one of these fine men are you kin to? I have nothing against any of them personally, but there you are sounding off about the law and how much they allow public comments. Well, I think you are right on one thing, they allow public comments as required on their agendas, but evidently just don't care too much about the commments if they are opposing views. Also, please explain exactly what the "political agenda" against Bynum is. Not wanting to squander 34 million dollars of taxpayer money for a jail and 100 acres that are not necessary? Now that is SHAMEFUL!!
No Shame
: 9/10/2009
This is the first and probably the last time I will write on this website - I have read so many hateful and completely untrue statements here that it sickens me. Judge Bynum and the other three commissioners are guilty of one thing; trying their best to represent the people of this county and their precincts, while continually having their character and integrity shamelessly attacked. NONE of these fine men are deserving of this and quite frankly there are a number of people who have written down-right hateful comments that should be ashamed of themselves. Their great sin has been to push forward on an issue that has been languishing for YEARS. And no, they did not rush into anything - it's been years in the making with conscientious study and consideration for what would be BEST FOR OUR COUNTY. And along the way Judge Bynum, more than anyone, has been made the scapegoat for a clearly political agenda which has had NOTHING whatsoever to do with the jail. What I have seen in the Judge is restraint, over and over again. He continues to allow public comment, yes that’s correct allow, as they are not required to have public comment on their agenda. (The Texas Attorney General has concluded that the Open Meetings Act does not give members of the public a right to speak on items considered at an open meeting.(52) Such a right only exists if a specific state law requires a public hearing on that item or if state law requires that public comment be allowed on that issue.) Judge Bynum has permitted exactly what you keep accusing him of not doing – the people to speak and have a voice. The spurious lies have been repeated over and over again and usually by the same people who have their own selfish political agenda. Someone ought to look into their agenda as it is certainly self-serving and to no benefit to the people of our county. Gracious to a fault would be a better insult to sling at the judge. Another nugget for you - (The Open Meetings Act (OMA) generally applies when a quorum of a governmental body is present and discusses public business.(2) However, it does not apply to purely social gatherings or to the attendance of public officials at conferences.) If these men are seriously as devious as you wish to portray them do you really think they’d sit out in the open and have lunch together? Well, before you answer that with the usual disregard for integrity, the answer is a resounding no. I wish to express my sincere apologies for the misguided (as they are being led) and completely hateful and unfounded comments that have been made in regards to the Judge, Mr. Whitlock, Mr. Waldrip, and Mr. Crisp on behalf of the citizens you serve. It is nothing short of shameful.
Shameful
WOW : 9/10/2009
Drue Bynum and Joe Brown are NOT cousins. You might want to get your facts straight before you make an inaccurate ANONYMOUS comment. Joe Brown is a distant cousin of Drue Bynum's wife, Nora.
Keri Bedard
God Bless CLEAT : 9/10/2009
I just want to give a big THANK YOU to CLEAT for stepping up to the plate and filing a lawsuit against the County Commissioners for their illegal actions. I'm very glad that this organization is putting Judge Drue in his place. It seems that they have caught the commissioners on a legal technicality, and deservedly so. Maybe now we will begin to see this so called "transparency in government" that our County Judge loves to harp on. I'm tired of our Grayson County Leaders making a mockery of the Constitution and State Laws that they are suppose to uphold. These men are suppose to set the standard, not rewrite it. Thank you CLEAT for doing the right thing, and I hope more lawsuits are set to follow. I imagine we will begin to see some of these commissioners begin to resign their positions in the coming months. Bravo!
Sue Their Pants Off
Hey Gritsforbreakfeast : 9/10/2009
What do you think about this one? Maybe there is hope in Grayson County?
Lov'in them Grits!!
Dear Concered Voter : 9/10/2009
Do you mean that they don't want to raise the same taxes that they voted on last week to raise?? The first tax increase in 8 years? When last year there was a 2 million dollar surplus?? Those taxes???????? Please do not try to act like you are informed for clearly you are not. By the way... Did anyone find out way Waldrip needed 2 new dumptrucks at the cost of $120,000.00?? OR why the county had to pay $1700.00 for an "ad" in the paper that was title an open letter from Judge Bynum????
Informed Concerned Voter
CLEAT : 9/10/2009
I normally do not agree with unions but in this case I must admit I admire CLEAT for bringing action against Grayson County. It's a shame it has come to this but it appears the County Judge and all commissioners except Commissioner Short have outsmarted themselves. Thank you CLEAT!
Grayson Countyite
Where is Mark? : 9/10/2009
Hurry, find Mark and sign his petition before all the trial lawyers rob the county treasury in law suits. See Bynum's Boondoggle is biting us again.
OH PLEASE
Wake Up : 9/10/2009
People! Please make sure you are fully informed. Judge Bynum and the majority of the commissioners do not want to raise your taxes and so they want to put the cost of the bond for building a county jail on the Nov 3 election to a vote of the people. The opposing force which is the Sherman mayor who wants the Judges job and will smear for it as well as all the sheriff who want the money spent for personal gain. They found this ridicules one minute thing as if all the clock has been set to some nuclear standard in order to shoot down the vote. If you want your taxes to increase just let the Combined Law Enforcement Associations of Texas get away with this. If not then demand the bond be put to the people paying the bill.
Concerned Voter
Bond Election : 9/10/2009
Drue Bynum, I respectfully ask you to step down. You have done too much damage to our county government. I am shocked that one man can be so arrogant as you have shown yourself to be.
32AZT
WOW : 9/10/2009
You people do realize Joe Brown and Drue Bynum are cousins? And you do realize the judge and commissioners are always eating at the same lunch table isn't that a violation of law?
Employee
CLEAT Welcomed : 9/10/2009
Sometimes it takes an outside organization like CLEAT to bring some sort of balance in the world of slimy, slippery local politics like we have seen here in Sherman. When we have no confidence in our elected county officials (Commissioner Short & Sheriff Gary excluded) then we welcome any assistance to help establish a level playing field. Thank you CLEAT. I hope your organization prevails.
Play Ball!
Classy! : 9/10/2009
Our county judge and commissioners are really on top of their game, aren't they? Our "leaders" cannot even comply with state law (Texas Open Meetings Act) and they are the ones making these critical decisions for us and our money? I think I'm beginning to see the problem in Grayson County.
Taxed Too Much
Drew's two left feet : 9/10/2009
It appears that Drew stepped on his own foot. This is obvious that this whole bond issue was quickly put together and planned to be doomed for failure or he would not have put it on the ballot. I hope someone checks into the obvious lining up votes with no or little discussion on agenda items. Seems like a violation of the open meeting law as there had to be conversations behind the scenes between the County Judge and Commissioner's Court in their attempt to cram all of this down our throats. Seeing how they plan on using Build America Bonds at some point may be the Feds can get involved in this collusion by our elected County officials if we can't get local law enforcement to investigate their actions. I hope CLEAT prevails and manages to pull the rug out from Drew on this one which will give everyone a chance for this bond issue to be examined, a fair proposal made and voted on in May.
Drew can't dance
Light at the end of the tunnel? : 9/10/2009
Maybe. I hope this is the chance to step back and make reasonable, wise choices on the matter. Judges and commisioners: We the people are concerned about How Much We Are Asked To Pay For Services You Are Elected To Oversee. PLEASE ACT WISELY. (My apologies if it sounds as though I am speaking beyond my own opinion)
Thanks
OOPS : 9/10/2009
Looks like the judge got caught. That darn time stamp was a minute or so late. Oh well we can wait ubtil next May for a Bond election.
cc
Really? : 9/10/2009
Did you really expect a response from J. Brown? If it is not a sure thing in his favor, he will not respond or comment.. This county's government really reeks!
sick and tired of county government
Finally! : 9/10/2009
I am glad that someone finally noticed the limited public discussion. There has been very limited public discussion for quite sometime now since the all mighty judge tells people that they either have a 3 min. limit to speak or just to sit down and he will not answer questions! Also, when questioned about when agenda items were discussed (since they were voted on with no discussion in open court) the public was told the items were discussed during executive session. I thought executive session was to discuss only the item (s) listed for discussion on the agenda. It seems that any discussion on any items are done in executive session since there is never any discussion in public. Something really stinks here! Thank you Cleat for filing the lawsuit, and I would hope that Jack Kennedy and Tony Beaverson would also file suit also for the way they are continually shut down. Every citizen has the right to speak without being told to sit down just because the almighty judge dosn't like what they have to say.
Justice for ALL!
Terms & Conditions
The following comments are provided by readers and are the sole responsibility of the authors. Heralddemocrat.com does not guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.
Comments do not display immediately due to manual review. Comments are reviewed periodically throughout the day. Please do not submit a comment more than once.
|
|
|
| 
LOCAL AND WIRE 
RSS Feeds 