How to Screw Both the Would-be Candidates and the Voting Public


This is the latest post about the Navigation District.  A previous post touched on the District's messing with election dates.  The attachments are the District's response to my Open Records Request, later changed to a Public Information Act request.  Saturday's PILOT carried a letter from Tommy Moore that prompted me to complete this blog.  It is quite long and for that I apologize, but it is very important.  This should make your blood boil.  Also know that I am endorsing Rebecca Johnson as a Write-in Candidate for Tommy Moore's seat.  I pray that after reading this latest narrative that you will consider voting for her also.  This is what I will read to the District tomorrow morning.


O-P-E-N  G-O-V-E-R-N-M-E-N-T spells Open Government.   I like playing word games when doing so for fun.  I detest playing them when I ask a serious question and am answered with a word game.  Your letter acknowledged that the Aransas County Navigation District received my “Open Records Request” and then proceeded to “interpret” my reference to a “meeting” was of the navigation and canal commission, thus showing your hand.  In my later PIA request regarding Navigation District leases, you “infer” that I meant a meeting of the navigation and canal commission   I did not request information about a meeting of the navigation and canal commission as your letter interprets.  Your legal name is the Aransas County Navigation District and it is under that name that I first made and am now making the request that follows this address. Both election documents were completed under the name of the Aransas County Navigation District.   The name Aransas County Navigation District occurs 4 times on each document.  The name navigation and canal commission is a pseudonym and not your legal name.  It does not occur anywhere on either document.  Mr. Benadum; I am smarter than that.  And frankly, your attempt at misdirection through wordplay is offensive.

 

There is no provision in the Water Code for Commissioners to delegate their authority to anyone.  And if the Commissioners of this Court truly took Texas Open Meetings Act training, you would be aware that a governmental entity cannot take any action without a public meeting that is properly noticed and a record of that meeting, including Minutes is required, regardless of the number of Commissioners that undertook the action.

 

Article 62.071 of the Water Code allows the Chairman and one other Officer to constitute a quorum.  You probably know that.  The definition of a quorum is: the minimum number of members of an assembly or society that must be present at any of its meetings to make the proceedings of that meeting valid.  You can take an action, but you do not get to do so in secret, off-book, in the dark, behind closed doors or any other symbol of avoidance of your duty to the public.  I believe Mr. Barrett’s Adendum signature is invalid even if the form was not backdated.  But here’s an interesting question for you.  If the regular meeting was held on the 22nd and it was at that meeting that Keith was charged with signing the Amended form, why did it take 2 days to accomplish that?  To get the story straight?  Since the dates only need posting on your website, you could have signed the Amended form on the 22nd  and made it legitimate.  Keith, I think you got thrown under the bus, or perhaps that was your way of shining light on this shenanigan.

 

After I submitted the request on September 12th, I did some additional research into election related dates.  As soon as all Election functions are over in a given year including any runoffs, the dates for all following year election functions are set on the official election calendar.  They are posted on-line and they cannot be changed.  A phone call to Keven Stroud’s office would have supplied you with the correct dates.  The date August 26th did not/does not occur anywhere on the calendar of election related dates.  But you didn’t want the correct dates.  This was not a mistake was it, Tommy?  No, it was calculated, purposeful, deceitful and it was dirty.  Shortly we will know if it was also illegal.   And the back-dated Amendment was part of the conspiracy.  The first dirty deed required the second.  And your veiled attempt to fault Nelda who left in March is ugly.  As I understand your letter to Mike Probst, you claim an honest mistake.  Following that you mention that the District worked with an election consultant and your attorney.  And since you claim by omission that you did not fill out the form, then either the election consultant or your attorney provided you with the bogus form.  Commissioner Moore this is on you, you need to resign.  All is not lost.  You still have your “business relationship” with Lydia Ann Channel Moorings, one of the District’s lease contracts and your sales job with Shoreline Protection Services Inc.  Either give me what I have asked for, or by default, admit that you deliberately and illegally tainted this election.

Below is the District's response to my Open Records Request.

 




This request is made under the Public Information Act, Texas Government Code chapter 552.

 

Provide the Agenda of the meeting of the Aransas County Navigation District where Commissioner Tommy Moore was approved, appointed, instructed or otherwise allowed to affix his signature to the Notice of Deadline to File an Application for Place on the Ballot.  Provide also the Minutes of that meeting, the exact wording of the motion made to accomplish the aforementioned, the Commissioner who made the motion, the Commissioner who seconded the motion and the record vote.

 

Provide the Agenda of the meeting of the Aransas County Navigation District where Harbor Master Keith Barrett was approved, appointed, instructed or otherwise allowed to affix his signature to the Amended Notice:  Notice of Deadline to File and Application for Place on the Ballot.  Provide also the Minutes of that meeting, the exact wording of the motion to accomplish the aforementioned, the Commissioner who made the motion, the Commissioner who seconded the motion and the record vote.



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