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Citizens For A Responsible Government

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News

MISD Bond Proponent PAC Supporters Listed

Community Advocates for Responsible Education (CARE) is a Political Action Committee who purpose is to support the MISD school bond financing election. Their 1/15 - 4/14 filing showed $14,310 total contributions with expenditures of $7,896.04. The financial report included:

Political Contributions

Jerome & Raquel Stewart, Superintendent, MISD, $250.00

Randy or Robin Bullock, Deputy Superintendent, MISD, $200.00

Jana Hathorne, Communications Specialist, MISD, $25.00

Timothy & Judy Walling, <unintelligible> Director, MISD, $50.00

Christopher & K. Cox, Sr. Center Director, Midlothian, $50.00

Stacy & Michael Cozad, attorney, Southwest Airlines, $50.00

Ronnie & Sheila Rushing, finance, Southwest Securities, $100.00

Ronnie & Sheila Rushing, finance, Southwest Securities, $30.00

R. & C. Williams, HR Director, <not listed>, $40.00

Tom Moore, Sales, Western Premier, $100.00

Joe Fallis, <not listed>, <not listed>, $50.00

Ken & Sara Pritchett, developer, <not listed>, $500.00

Corby & Cari LaCroix, teacher, DeSoto ISD, $15.00

Cathy Altman, attorney, <unintelligible>, $50.00 in-kind contribution

Nick Walton, engineer, Bell Helicopter, $50.00 in-kind contribution

Greg & Tammy Wimbish, <not listed>, <not listed>, $100.00

Corporate or Other Labor Organization Contributions

Citizen's National Bank, Waxahachie, $2,000.00

Fugro Consultants, Houston, $1,000.00

(engineering)

Holcim, Massachusetts, $2,500.00

Texas Industries Riverside Cement, Dallas, $2,500.00

Victron, Waxahachie, $1,000.00

(Ali Sharaf, President and CEO)

Investments Unlimited, Midlothian, $50.00

Midlothian Funeral Home, Midlothian, $100.00

(owned by Randy & Michele Hampton)

Ashgrove, Kansas, $2,500.00

Linebarger, Goggan, Blair, and Sampson, LLC, Austin, $1,000.00

(government collection law firm)

Political Contributions Returned to Committee

Midlothian Soccer Team, $300.00

MISD Seeking "Unlimited" Tax Increase?

According to the May 14th MISD Bond ballot we were provided, the district is asking for approval of a tax, "unlimited as to rate or amount" (see left). We are not taking a position on this proposition; we simply ask for clarification from anyone in authority who can explain if this is truly an "unlimited" tax increase.

Proponents are flooding yards (and rights-of-ways) with "YES" signs (see right). We question if the black ink on dark blue background is a proper disclaimer, and also question the lack of treasurer and address info.

We have blocked out their website from the picture on the right (since it advocates "express advocacy", and we don't take sides), but if you happen upon it, perhaps you should ask them to spell "Superintendent" correctly.

Click thumbnails to see a larger image.

Civil penalties imposed on 2 founding members of Midlothian Together

Two of Midlothian Together's founding members received civil penalties from the Texas Ethics Commission in March 2011. Violations were neither technical nor de minimis (minimal). Monetary fines of $200 (Gary Hensel - docs) and $500 (R. Ted Howard) were imposed.

In a 2010 complaint it was alleged that, "the respondent knowingly accepted political contributions totaling more than $500 and made or authorized political expenditures totaling more than $500 at a time when a campaign treasurer appointment for the committee was not in effect,... ." Mr. Hensel and Mr. Howard both accepted resolution in this matter; neither respondent admitted nor denied the facts.

Gary Hensel, City of Midlothian's Parks Board Chairman, and R. Ted Howard, a local history buff, are founding members of the local PAC which raised money in support of Wayne Sibley, Steve Massey and Jamie Wickliffe. No resolution has been reached with remaining founding members Jason Kyle and Mark Fletcher.

Mr. Howard, Midlothian Together's treasurer, agreed to resolution in a second complaint alleging, "a failure to include required information for political contributions from an out-of-state political committee in campaign finance reports..." In the resolution the respondent neither admitted nor denied the facts.

Midlothian Together received thousands of dollars from the TXIPAC and AshGrovePAC. In a separate complaint and resolution the treasurer for the TXIPAC, former Mayor O. M. Osborn, signed an Assurance of Voluntary Compliance in 2011. This was in answer to a complaint that the TXI PAC had failed to disclose a $500 donation to Midlothian Together. An email inquiry may have prompted an amended report, electronically filed in May of 2010 by AshgrovePAC. This amended filing reported a $2000 donation to Midlothian Together some 13 months earlier.

Mayoral race only contested race in Midlothian

Contrary to the report in today's (3/23) local paper, Jamie Wickliffe, during the Tuesday night council meeting, announced she would not seek reelection, giving the seat to challenger Wayne Sibley. Sibley was defeated by Dr. Hank Miller two years ago. Bill Houston was unopposed, leaving the mayoral race the only contested one. Tyda Shields is challenging incumbent Boyce Whatley for the position of mayor. Tyda Shields will have position 1 on the ballot.

Midlothian's Insurance Company Pays Chambers' Legal Costs; Chambers Drops Suit

Former Councilman Ken Chambers has had a suit against Mayor Whatley and Councilmen Massey and Frizzell since 2008. Chambers previously offered to settle for expenses, but the city refused. The city has now accepted Chambers' offer. Payment was made by the Texas Municipal League, not the city.

It's our impression that the Texas Municipal League (TML), the city's insurance provider, forced the city to accept Chambers' offer because they didn't want to pay any more for it.

Although the city didn't have to pay the claim, it did involve city and resources of the city, as well as our fine reputation; this is simply more proof that Mayor Whatley is running amok. Chambers' press release is below.

December 29, 2010

PRESS RELEASE

From: Ken Chambers, former City Councilman, City of Midlothian

Re: Ken Chambers v. Mayor Boyce Whatley, City Councilman Steve Massey, City councilman Joe Frizzell, and the City of Midlothian

On or about December 20, 2010, the above defendants and I agreed to a $25,000 settlement where I was paid $25,000 to pay all my outstanding negotiated legal fees and personal out-of-pocket expenses. No additional settlement amount was offered or asked for on my behalf.

An offer by me to settle for expenses had been previously rejected.

The settlement was paid by the Texas Municipal League Intergovernmental Risk Pool, self-insurance administrator for the City of Midlothian. It was not paid by the City of Midlothian.

This lawsuit was filed in 2008 on my behalf to recover legal expenses that were incurred defending myself against unwarranted accusations by the defendants.

The Compromised Settlement Agreement and Release was written where no party accepted responsibility for their actions. I am hopeful this will provide peace among the leadership of Midlothian and will cause elected officials to choose their words more carefully when making accusations.

Ovilla Mayor Bill Vansyckle Endorses Code of Ethics

Pot calling the kettle "black?"

Truck, license plate 39M-BT7, parked in the handicapped parking at the Ovilla fire station. Unconfirmed reports say this truck belongs to Mayor Bill Vansyckle.

Ovilla Mayor Bill Vansyckle, in a 9/12/2010 Waxahachie Daily Light article, endorsed implementing a Code of Ethics while criticizing the recent actions of Councilman James Wade. The mayor went so far as to say there could be charges against Wade for his recent altercation and then suggested the voters could vote him out of office if they disapprove. He neglected to mention that voters could re-elect him if they think he's doing a good job. It appears to us the mayor doesn't care for Councilman Wade, as evidenced by his biting comments.

Mayor Vansyckle has been a subject of controversy, himself. He was named in an earlier article in the same newspaper as a suspect in an anonymous political mailing criticizing then-candidate Johnny Brown. No one has been officially charged in the mailing, which was reported to be illegal. Johnny Brown won the sheriff's election, anyway.

The mayor's own personal parking spot. We wonder if he has his own potty, too.

We can't get confirmation, but several people have told us the truck in this article belongs to the mayor. (If it isn't, we invite the mayor to e-mail us and let us know.) We've also been told by one of our sources that the truck has been present as several ESD2 meetings where the mayor was present, and the truck left about the same time as the mayor. It was also parked in a spot marked "MAYOR," apparently he now has a reserved spot since we don't like him to park in handicapped spots.

Can you imagine reserving a spot for 24 hours a day in a crowded parking lot just for the mayor?

IF this is Mayor Vansyckle's truck, perhaps he should worry about his own ethics, and not those of Councilman Wade. The picture to the right clearly shows the truck is in a handicapped spot (note the handicapped sign can be seen through the glass), and the truck is not marked with a placard or handicapped plates. (Texas increases penalties for illegally parking in handicapped spaces, effective 2/1/2011.)

Gary Hensel endorsed Kyle/Frizzell for Council,

as the City Parks Board Chairman

Parks Board Chairman says Kyle & Frizzell have "the ability to nurture and build the health and well-being of our children"

Gary Hensel, as the Midlothian Parks Board Chairman, in an letter allegedly sent to voters prior to the election, encouraged voters to vote for Kyle and Frizzell.

After endorsing Kyle & Frizzell, the letter states, "Individuals running against two these men and (sic) have voted (sic) to 'take over city hall'. They are demanding changes in policy that would undermine the work of many previous councils, boards and citizen commissions. They do NOT recognize the benefits of healthy recreation. We can NOT allow these individuals to destroy what is most important to us; (sic) the ability to nurture and build the health and well-being of our children through team sports and recreation." "Please join me and many other individuals that support JASON KYLE and JOE FRIZZELL for election to our Midlothian City Council." The letter was signed "Gary Hensel" and "Parks Board Chairman."

Midlothian's Policy on Governance Process, which regulates members of the council, boards, and commissions, requires that: Public officials be independent, impartial and fair in their judgment and actions.

The Mission Statement says: Based on recognition that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Midlothian and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Midlothian City Council.

The Governance Policy further states: Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, boards and commissions, the staff or public.

CFARG sent a link to this article to City Manager Don Hastings, requesting comments. We have received no response, and we've been told that Mayor Whatley has taken no action on what some feel is a violation of ethics standards.

Charges Dropped Against Kyle

Charges have been dropped against Jason Kyle, but this may be bad for him.

If he had gone to trial, he could have proved his innocence, and the matter would be closed. Since charges were dropped, they may be re-filed at any time during the statute of limitations. We were unable to find the exact time limit, but in some cases, it appears to be until the alleged victim turns 28 years old.

Ellis County Rural Crime drops 34%

Crime rates for homicide, sexual assault, robbery, assault, burglary, theft, and motor vehicle theft have dropped in rural Ellis County for the 2nd year in a row. We commend Sheriff Johnny Brown -- he campaigned on reducing crime, and he has delivered.

Mayor Whatley praises Councilman Jason Kyle on Monday night; Kyle arrested on Wednesday Morning

Only hours after Mayor Whatley praised Councilman Kyle at Tuesday night's council meeting, Kyle was arrested the next morning on charges of indecency with a child by sexual contact, a second degree felony, according to the Waxahachie Daily Light.

CFARG reminds everyone that this indictment is just that; Kyle is innocent unless proven guilty, and we encourage people not to rush to conclusions. If any of the allegations are true, it's important to remember the impact on the alleged victim, and if such victim exists, she should be our main concern.

Many are calling for Kyle's resignation; no announcement has been made as of this update.

Nichole Kyle Indicted

Nichole Kyle, wife of Councilman Jason Kyle, has been indicted by an Ellis County Grand Jury on a felony charge of theft from a nonprofit over $1,500 and less than $20,000.

She was arrested on Nov. 9, prior to the indictment, and released on $2,500 bond.

Jason Kyle a founding member of Midlothian Together

R. Ted Howard, Gary Hensel, and Mark Fletcher are also founders

Although his name had been removed from their website prior to the last election, Councilman Jason Kyle was originally listed as a founding member of the Midlothian Together website (a Political Action Committee), along with R. Ted Howard, Gary Hensel, and Mark Fletcher. City Parks Board Chairman Gary Hensel allegedly sent a letter to voters prior to the election, endorsing Kyle and Frizzell.

Midlothian Together was accused of distorting the comments of those who disagreed with Mayor Whatley's direction for the city, and was instrumental in getting Jason Kyle elected to the city council, as well as Joe Frizzell's re-election. Candidate Kyle and incumbent Frizzell seemed to run as a slate, with their signs appearing together, both being endorsed by Kyle's Midlothian Together, and even coming within 3 votes of each other in the election. Frizzell won with 690 votes, Kyle with 687, a 3-vote difference.

Midlothian Together quoted Kyle's position in the recent election, "When I visit Hawkins Springs Park, Kimmel Park or Jaycee Park I see lots of families playing together and developing friendships and memories that will last a lifetime." The website also indicates Kyle is a soccer coach in the Midlothian Soccer Association.

Cement companies in Midlothian were listed among major contributors to the website since the website's inception.