The Tuesday morning board meeting [June 17] of the Sulphur River Basin Authority (SRBA) began in controversy with an objection from a citizen in the audience. Mount Pleasant resident Robert Russell claimed that the public meeting was being held without a quorum based on the credentials of board members Patsy McClain and Robert Parker.
"If members of this board are serving here illegally, this meeting is illegal," Russell said.
[COMMENT: The terms of Patsy McClain and Robert Parker ended on 1 February 2001. They were never resubmitted by the Governor nor reconfirmed by the Senate, in either the 2001 or the 2003 session of the Legislature. According to my reading of Article 4, Section 12, of the Texas Constitution, as interpreted by Attorney General John L. Hill on 1 March 1977 (document # H-948), the appointments of Patsy McClain and Robert Parker became invalid at midnight on 2 June 2003, when the last session ended. Thus, I challenged their credentials at this meeting, asserting that this was an illegal meeting because illegal board-members were in attendance.
[Following the meeting, I called the Governor's Office and spoke with his Appointments Secretary. I tried to emphasize to this man that H-948 seems to indicate that people can't legally serve beyond the next legislative session after their terms expire. Thus, if McClain and Parker expired on 1 February 2001, they are no longer legal board-members after 2 June 2003, if no action had been taken on their re-appointments. He said, no, that is not the case. Then he told me, as the Comrade Chairman has been saying, that these expired board positions can continue to be filled by the expired member until the Governor acts. I said, well, these people can't just sit there till Doomsday, waiting for the Governor; there is a constitutional cut-off date. And at some point, he seemed to contradict himself because he said that anyone who is appointed by the Governor in the next month or two can sit only until the end of the 2005 session; but if no action is taken in 2005, then said appointees will be null and void. That seemed to be exactly like what I was saying about the absence of action on the appointments of McClain and Parker in 2003, but he failed to make the connection.
[This is a matter that needs immediate clarification either by the courts or by a second opinion from the current Attorney General. R.]
Mike Huddleston, president of the board, noted Russell's objection, but continued on with the meeting. Russell left the room stating his intention to cal law enforcement about what he called the illegal proceedings. Huddleston went on to address the issue by explaining why Parker and McClain, who represent Region III which includes Delta, Lamar and Hopkins Counties, continue to serve on the board despite the fact that their terms have expired.
Huddleston explained that Parker turned in a resignation from the board to Sen. Bill Ratliff in June 2001, who in turn notified the governor about the resignation. But Huddleston said at this point the board had not received any notification from the governor's office regarding either the resignationb of Parker or McClain's term, which also expired in 2001.
"This board has never officially taken any action on any resignation, and the reason we have not taken any action on the resignation is because it is not in our power to take action on it," Huddleston said. "Each board member here is appointed by the governor, and any resignation has to be accepted by the governor's office and acted on by the governor, and then he is to fill a position. We assumed that was going to happen when the letter was sent to Sen Ratliff and the governor's office was notified."
Huddleston said that in the past few months Parker has received letters from the State Ethics Committee requesting financial paperwork. When Parker contacted the agency, he was told that until he was released from the governor he was considered to be an active member of the board. Huddleston added that Parker had expressed a desire to continue serving on the board.
"As you know, and I think all individuals would agree that the board needs to be filled," Huddleston said. "We're not the governor, the governor has several appointments that he can make at any time. Until that happens, according to the state statutes and the way that the articles are written up, a board member served until he is replaced by the governor."
Parker addressed the issue by saying he had turned in his resignation after serving on the board for two years. Parker said that during his term the board was "doing little and had not received any marching instructions." He decided to resign from the board to focus on his private business, which he said needed attention at the time. Since then the board has become more active and Parker said he was willing to continue serving until the governor appointed a replacement.
[COMMENT: Somebody's lying, but is that a surprise? Parker or someone had informed us previously that he resigned for reasons of ill health. But of course, it is all a moot point anyway. Parker's in violation of the Constitution. R.]
"I think this is a very important consideration," Parker said. "Water is extremely important to Texas and to the United States. It is a privilege for me to serve and as long as I am legal I would like to continue to serve."
[COMMENT: Well, Mr. Parker, I hate to tell you this, but you are illegal and can be hauled off by the sheriff for violation of the Constitution of the State of Texas! Until next time ... chuckle, snicker. R.]
During the meeting, the board received an update concerning the Clean Rivers program. SRBA Administrator Michael Burke said the steering committee meeting would be held July 31 at Texarkana Junior College.
The board also received information about the May meeting between U.S. Congressman Max Sandlin, the Corps of Engineers, timber industry representatives and concerned citizens, regarding the Sulphur River logjam located on Highway 37. The board adjourned to executive session to discuss employment evaluations. Upon their return to regular session, the board voted to raise the secretarial position from $9 an hour to $9.50 and increase Burke's salary by 4.5 percent.
In an interview following the meeting, Russell, who later returned to the meeting, once again questioned the legality of the meeting, saying that the board was in violation of Article 4, Section 12, of the Constitution of the State of Texas. Russell said he would continue gathering proof that the board was in violation of the law.
"These people are not federal judges; they are not appointed for life," Russell said.
MOUNT PLEASANT, Texas -- Even after their term expires, Sulphur River Basin Authority board members are still counted on to serve on the board. However, some don't think it's legal.
At the beginning of the SRBA's regular monthly meeting on Tuesday morning, Robert Russell from Mount Pleasant, Texas, stood up and objected to the meeting being called to order. Russell said he wanted to know the credentials of board members Patsy McClain and Robert Parker, whose terms he said expired at midnight on June 2.
SRBA president Mike Huddleston continued with the meeting, trying to take a vote on approving the minutes when Russell stood up once again and protested, saying they were meeting illegally.
"We'll let the sheriff ask the questions," said Russell.
Russell then left and returned a short while later while the board was in an executive session and announced to residents attending the meeting they could call the Governor's office to check on the legality of the board members' terms. He said if the board was in fact holding illegal meetings, they could file a criminal complaint.
Huddleston said Russell should not have left because he would have heard an explanation on the term expirations.
Huddleston made his point when he welcomed back Robert Parker, from Paris, Texas. He said Parker had resigned a while back, but no action was ever taken on the resignation because it was not in the board's power to do so. He said the governor appoints members to the board, and only the governor has the authority to make decisions regarding appointments and terms. Huddleston said members remain on the board until the governor replaces them, even after their terms expire.
"Appointments from the governor take time," said Huddleston.
He added other board members' terms were also expired, and no action from the governor has yet to be taken. When Parker saw it was clear he was still on the board, he decided to continue to serve.
In other business, the board:
* established their steering committee meeting for the Clean Rivers Program on July 31, 2003, at 1:30 p.m. at Texarkana College;
* renewed their lease for one year with Sandefur Properties for their office in Wake Village;
* evaluated board employees administrator, secretary/treasurer Michael Burke and secretary Nancy Rose in an executive session and came back to the regular meeting and approved a pay raise for both.
The SRBA's next meeting will be on July 22nd [meeting was cancelled for lack of a quorum].