River board's meeting spotlights controversy

By LYNN MONTGOMERY | East Texas Edition

September 25, 2003 -- People attending the monthly Sulphur River Basin Authority Board (SRBA) meeting on Sept. 16 in Mount Pleasant were quick to notice a missing president, Mike Huddleston, and vice president, Charles Lowry, which would be explained later in the meeting.

With six members on the SRBA board, four members had to be present in order to make a quorum. As the minutes went by, only three members were present.

"We are waiting for Robert (Parker, board member). He will be here," SRBA Administrator Mike Burke stated.

Finally, Parker arrived and the meeting began, conducted by Burke.

After a call to order, approval of minutes, updates on the Clean Rivers Program, adopting a 2004 annual budget, Burke read letters of resignation from Huddleston and Lowry, effective immediately.

Huddleston's and Lowry's terms on the board had expired in February of 2003, but appointments to the positions have not been made by Gov. Rick Perry.

In Huddleston's letter, he said he was honored to have served the board for 12 years, and pointed out the importance of appointing someone to the board who would be able to make tough decisions.

"It is time to put politics aside and appoint a board that can carry out the responsibilities mandated by state statute. My sincere hope is that the individuals you appoint will be given the opportunity to serve with the full backing of your office. The decisions they will face in securing the future water resources for our state will no doubt be controversial; however, those tough decisions must me made if we are to provide the natural resources needed to ensure a strong economy for present and future generations," Huddleston's letter to the governor stated.

Lowry's resignation letter urged the governor to make the new appointments to this board at once. "It is urgent that a full board be in place now."

After the letters were read, and the resignations accepted by the board, Judy Lee of Mount Pleasant was elected president and Dick Goodman of Clarksville was elected vice-president.

The election of Lee to the presidency was not a surprise to many audience members, especially those who attended last month's North East Texas Regional Water Planning Group (NETRWPG) meeting. Huddleston, who was a NETRWPG board member, was not re-elected to his position on that board. It was during the nomination process that Huddleston, who was nominating Lee, said she was the SRBA president - a comment which caused more than a few raised eyebrows.

Fast forward a month to the Sept. 16 SRBA meeting, and Lee is now the SRBA president. Her first duty was to have David Tuckfield, outside council for the group, explain a letter from Attorney General Greg Abbott concerning an informational meeting held on March 13 in New Boston. The meeting, a presentation about the economic impact of the proposed Marvin Nichols Reservoir (which now is a "potential" reservoir) was open only to persons who received an invitation. Many citizens opposed the way the invitation-only meeting was handled, stating the SRBA was in violation of the Open Meetings Act.

Tuckfield read the summary of the letter to the audience which read: "An informational meeting of the Sulphur River Basin Authority (the 'Authority') that is open only to the Authority's invitees, including members of the press and community leaders, contravenes the Open Meetings Act if a quorum of members of the Authority is present or otherwise participates in the deliberations. If a quorum is not present and does not otherwise participate in the deliberations, the informational meeting is not subject to the Act."

Once the summary was read, George Frost of Maud stood in the audience section and asked if he could address the board.

"I am not trying to be disrespectful, but I believe I was told I could address this board once a decision was made."

The response by Lee was she felt she would not be able to answer any questions at the time.

Frost then asked if he could be on the next meeting's agenda. "I'll even give you the questions now."

The board agreed and the questions were written down; then the board adjourned.

At the meeting's conclusion, Frost, still standing, said he would like to address the audience; telling them he also had received a copy of the letter from the AG's office.

Frost read a paragraph in the letter which stated a governmental body commits an offense if the member, or group of members, knowingly conspire to meet in numbers of less than a quorum for the purpose of secret deliberations. An offense under the provision is punishable by a fine of not less than $100 or more than $500; confinement in the county jail for not less than one month or more than six months; or both the fine and confinement.

"There was a reason why this paragraph was put in," Frost concluded.

Other audience members also voiced concern about the turn of events.

"Huddleston and Lowry did the right thing and resigned when their 'illegality' came into play," stated Robert Russell of Mount Pleasant. "Both Patsy McClain and Robert Parker (whose terms expired in February of 2001) are 'impersonating' public officials. McClain and Parker are obviously clueless."

According to the governor's office, board members are to remain on the board until either they are reappointed or another appointment is made.

SRBA's next meeting will be at 10:30 a.m. Tuesday, Oct. 21, at the Mount Pleasant Civic Center.