Although the Sulphur River Basin Authority (SRBA) board of directors moved quickly through the action items on their agenda Tuesday morning [October 21], questions from the audience about the legality of the board continued to be a hot topic.

Directors for the SRBA board are appointed by the governor's office. Directors Patsy McClain and Robert parker's terms expired at the end of January 2003, but Gov. Rick Perry has not yet made new appointments. In addition, Mike Huddleston and Charles Lowry resigned their positions last month.

McClain and Parker have continued to serve, as directed by the governor's office, but audience members expressed concern over the way the SRBA is handling business. "I've studied the Texas Constitution, and it says this board is appointed by the governor," said Red River County resident John McConnell. "The way I see it, two of these seats are vacant, and you continue to enter contracts and do business, and that could cause problems down the line."

McClain responded, "I've talked with Colby Shorter, the person in charge of appointments for this board, and he said I should serve until someone is appointed to replace me. The rule comes from the governor's office."

Although McConnell acknowledged her response, he continued, "I understand your answer, but the board has a responsibility to clarify what needs to be done. Otherwise, the governor never has a need to make appointments, and term expiration has no meaning."

McClain curtly replied, "Then you need to confer with the governor's office, not this board."

Also during public comment, questions arose over the September meeting, during which Huddleston and Lowry's resignations were read. Because they served as president and vice-president respectively, the board had to elect new officers. Audience member Red Birdsong of Denton asked how the meeting could have been held without the presence of a presiding officer.

"Although we had no president or vice-president, we did have a quorum," explained SRBA Executive Director Michael Burke. "Our enabling act calls for a quorum in conducting business, but it does not specifically state who actually offers the items to be voted on. In that instance, the president, on resignation, designates a representative to conduct the meeting for him." Huddleston had designated Burke to conduct the meeting until new officers were elected. Burke indicated Tuesday that he had consulted with SRBA's attorney, David Tuckfield, for his answer.

In action items, the board unanimously approved changing the position of administrator to executive director, and then approved an executive director employment agreement with Burke. The position does not have a contract attached to it.

"I would like to say that Michael Burke has worked very hard as our administrator," said President Judy Lee. "Partly because of my position coming in without the knowledge and experience that Mike Huddleston had, he's taken on increased responsibility. I definitely think this is a move we need to make."

Also at Tuesday's meeting, Burke gave an update on the SRBA's Clean Rivers Program, which entails the monitoring of the Sulphur River Basin. He reported that the group had received a position evaluation from the project manager. "We received straight 2s, with a 3 being excellent," he explained. "It's quite an accomplishment to get and reflects well on Paul Price and Associates, Texarkana College and the SRBA staff."

The SRBA monitors 10 sites in all, with six in the upper part of the basin on the South Sulphur River, three on Lake Wright Patman, and one on Day's Creek in Texarkana. Burke also reported that he may have found additional funding to use to study the massive logjam near the point where the Sulphur River crosses U.S. Hwy. 37 between Mount Vernon and Bogata, which is causing flooding, erosion and frequent road closings. The logjam was created from cut timber moving down from Talco over the last several years. In addition, the silt buildup has led to flooding episodes during heavy rain. Relieving the logjam has been one of SRBA's main projects.

[COMMENT: This is obviously a misstatement on the reporter's part. Talco is downstream from the logjam. R.]

"There's a possibility that part of the work we're doing in the upper portion of the Marvin Nichols Reservoir study around the logjam area can be used or matched for that in order to get a basin-wide study done," he said. "The basin-wide study will also include looking at Lake Wright Patman for water resources."

The Sulphur River Basin includes all or part of Fannin, Hunt, Lamar, Hopkins Red River, Franklin, Titus, Morris, Bowie, Cass and Delta Counties. The proposed Marvin Nichols Reservoir would be located in the basin, and the SRBA supports its construction.

The planning of an informational meeting in March at which some Sulphur River Basin Authority representatives were present was completely at the behest of the group's then-president. That answer came after a request made by Maud, Texas, resident George Frost, a frequenter of SRBA meetings. Frost wanted to know how the time, date and place of the controversial presentation were decided, how the invitation list was made and how to get invited in the future.

Mike Huddleston, then president of the SRBA, and Michael Burke, the executive director, were the only board representatives at an informational meeting utilized to present findings on the Marvin Nichols Reservoir, a project proposed by the state to address future water needs in the Dallas vicinity. The SRBA would control the reservoir if it was built. The meeting was invitation only and some members of the public were outraged to be shut out. The attorney general has since ruled the meeting did not violate the Open Meetings Act since there was no quorum present.

However, at the last SRBA meeting in September, Frost posed some questions on specifics of the meeting and was told some very simple answers. Frost stood up at the SRBA's monthly meeting on Tuesday morning and told the board that their attorney, David Tuckfield, had given him the answers he was seeking. Frost gave new President Judy Lee a chance to tell everyone else, because they had a right to know. "I think you should tell the group. I just represent myself," he said.

But Lee said she wasn't prepared to answer, so she let Frost explain. Frost said he was told the time, date and place of the meeting and the guest list were determined by Huddleston. He said Tuckfield also told him to get on the guest list for a future presentation, all that had to be done was a request to the president. But what troubled Frost even more was the invitation. "The invitation said, 'by invitation of the SRBA'," he said.

But Lee went on to say that she never saw the invitation. "It is a decision Mike Huddleston made," she said. "I can't speak for him and his intentions." Frost is satisfied that he got his answers, but he still doesn't think Huddleston's intentions were right. "What I'm not satisfied with is I really felt it was to avoid the quorum," he said. However, Huddleston has said he organized the invite-only meeting to avoid any rude outbursts, to allow those who had a favorable opinion of the Marvin Nichols Reservoir to feel comfortable about asking questions and to get that information out to the public through the media.

Frost said any kind of informational meeting should be open to the public. He also said this drive for answers has nothing to do with the Marvin Nichols Reservoir, which he and others who were shut out of the meeting have made no secret about opposing. "This is beyond Marvin Nichols," said Frost. "I believe that whether Marvin Nichols wins out or not."

The legality of the group's meeting also came under fire. Red Birdsong, a Denton resident and another SRBA meeting frequenter, said that at their last meting, when both Huddleston and vice-president Charles Lowry submitted their resignations, no other business should have been taken up. "That should have been the end of the meeting, according to your by-laws," he said. Instead, Lee was immediately elected president and Dick Goodman vice-president.

Burke had a readily available answer to prove they were in the clear. He said when there is no president or vice-president to handle meetings, but you have a quorum, business can be conducted. He said the enabling act, another level of their governing laws, said a quorum can conduct meetings. He also said the president could appoint someone to conduct business in their absence. Birdsong suggested electing a second vice-president to avoid this problem in the future, which the by-laws allow. "I think that's a good suggestion," said Lee.

Also, Red River County resident John McConnell said he found fault with the service of Patsy McClain and Robert Parker, two board members whose terms have expired. He said that unless they have been reappointed, the board is not operating legally. Parker said he understood policy to read that they are to serve until the position is filled. "I understand what the policy says, but that's not what the constitution says," said McConnell.

However, McClain said she talked to a state appointments official, who she said told her she is to serve until an appointment is made to replace her. McConnell fired back, saying board members could serve their whole life, if that was the case. "There will be no reason for the governor to make another appointment," he said. "I think you have a responsibility to get this clarified."

Lee is satisfied that has already been done. "I think Patsy has pursued it and got an answer," she said.

The next SRBA meeting is scheduled for November 18th.