Fact Checking Winnsboro TX

09/22/2021

On a local news group entitled News Around Winnsboro, several citizens raised concerns about the way Mayor Newsom handled the City Council meeting held on Tuesday September 21, 2021, concerning Public Comments.

Mayor Newsom, after calling the meeting to order, presenting the Invocation and the Pledge of Allegiance, immediately went into Executive Session and cleared the Council Chambers.

Mayor Newsom completely skipped the posted agenda and refused to hear Public Comments as indicated on the Agenda under ITEM 3. Several citizens had turned in Public Comment request cards to the City Secretary, but were not afforded the opportunity to speak.

Upon returning from Executive session, council member Hollowell moved to enter into public comments, Mayor Newsom then waited for the Council to second a motion to move to public comments, but a motion was not made and therefore no one seconded the move by councilmember Hollowell. Hearing no second, Mayor Newsom refused to hear public comment on agenda items 4.1 and 4.2, nor was a Point of Order called to address skipping agenda ITEM 3.

Mayor Newsom then went immediately into Adjournment, skipping agenda ITEM 5, Questions from the Media. The Winnsboro News and Wood County Now were in attendance.

City Council Agenda 9/21/2021

1. CALL TO ORDER
2. INVOCATION; PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENTS
4. PUBLIC HEARING, ORDINANCES, RESOLUTIONS, OR OTHER ITEMS:
4.1. Executive Session: Pursuant to Section 551.074 of the Texas Government Code, Personnel Matters, the City Council will convene into closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Craig Lindholm, City Administrator

4.2. The City Council May take action on any Executive Session item if necessary

5. QUESTIONS FROM MEDIA
6. ADJOURNMENT

The Texas Government Code, Section 551.007, explicitly provides for public comments on any posted agenda item. Public comments should have been allowed on both agenda ITEM 3 and agenda ITEM 4 and no motion by council members was required.

TEXAS GOVERNMENT CODE:
Sec. 551.007. PUBLIC TESTIMONY. (b) A governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body's consideration of the item.

FINDINGS: According to the Texas Government Code Sec. 551.007 Public Testimony, Mayor Newsom violated the law regarding public comments and did not follow proper procedures regarding the posted agenda.

Texas Government Code
https://texas.public.law/statutes/tex._gov't_code_section_551.007

City Of Winnsboro City Council Agenda
https://winnsborotexas.civicweb.net/Portal/MeetingInformation.aspx?Org=Cal&Id=257

09/08/2021

A recent post on News Around Winnsboro (NAW) and cross posted on numerous other pages, made claims that were supposed to be "verified", "brief", "factual" and "data..posted later".

We reviewed the post and the claims made and decided the post was worthy of being fact checked. Due to the size of the post, it will be split into sections and validated one topic at a time.

The first topic we will validate is the following:

"*Staff not following state laws on social media postings, Mayor not given access to social accounts per state law."

We consulted the Social Media Resource Guide and found the following information.

"While agencies are required to comply with established rules and laws (as is indicated throughout document as “must”); this document contains additional guidance and best practices, by which compliance is encouraged by the Department of Information Resources (DIR) to maximize the benefit of social media while minimizing risk to the state (as is indicated by “should”)."

The document had this reference from the Texas Administrative Code:

"In 1 TAC 206: State Websites, a state website is defined as a “website that is connected to the Internet and is owned, funded, or operated by or for a state agency or institution of higher education, including key public entry points.”

While an External Social Media Tool developed and hosted by a third party is not within the scope of 1 TAC 206, an Internal Social Media Tool must adhere to 1 TAC 206. External Social Media Tools should adhere to the requirements of 1 TAC 206 to the extent possible."

As of this posting, the City of Winnsboro does not have an "internal social media tool", utilizing Facebook (external) and therefore any state laws or policies do not apply and would fall under the "should" or "encouraged to" recommendation.

State laws would apply to the City of Winnsboro website located at https://cityofwinnsboro.org/index.html

FINDINGS: We find that the claim of "not following state laws" is FALSE.

SOURCES:
Texas Administrative Code
Chapter 206; State Websites; Rules
https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=10&ch=206&sch=B&rl=Y

Facebook Government Terms of Service
https://www.facebook.com/terms_pages_gov.php

Social Media Resource Guide
https://pubext.dir.texas.gov/portal/internal/resources/DocumentLibrary/Social%20Media%20Resource%20Guide.pdf

S & P Report ​ ​

06/10/2021

During the Winnsboro City Council meeting on June 8, 2021, Mayor Newsome stated she contacted TML and spoke to someone about agenda items to determine if the wording was sufficient. She claims the person at TML told her that the following items were considered enough description to be posted and discussed.

PUBLIC HEARING, ORDINANCES, RESOLUTIONS, OR OTHER ITEMS:
This section shall provide for all other official discussion and/or action items provided for consideration by the Council. Public Comments will be
called for by the presiding officer before action is taken on these items.

7.3. Planning & Zoning Commission
7.4. Main Street Advisory Board - Membership
7.5. Economic Development Corporation - Membership
7.6. City Procedures and Decorum Policy
7.7. Employee Handbook

An example of the internal text of the agenda items is as follows:

To: Council
Submitted By:
Date: June 8, 2021
Discuss/Seek Guidance/Action:
Planning & Zoning Commission
Executive Summary:
This item was entered at the request of Mayor Newsom.

We consulted the Texas Open Meetings act to determine if Mayor Newsome was correct and these agenda items were indeed sufficient:

On page 7 of the Texas Open Meetings Act Made Simple, which is a publication provided by Zindia Thomas, Assistant General Counsel, Texas Municipal League; there is the following section:

12. How specific does the subject of the posted notice need to be?

The subject of the posted notice has to be sufficient to alert the public, in general terms, of the subjects that will be considered at the meeting.34 However, descriptions such as “old business,” “new business,” “other business,”35 “personnel”36 and “litigation matters”37 are usually not sufficiently detailed to meet the requirements of the Act.38 Also, the more important the particular subject is to the community, the more specific the posted notice must be. Thus, the phrase “employment of personnel” was held to be a sufficient posting for hiring a school teacher.39 However, the same court found that this phrase was not sufficient when the school was considering hiring a key supervisor such as a principal.40
Finally, a governmental body must be sure that its postings are consistent with prior practice. For example, a Texas court has ruled that a notice calling for “discussion” of a certain item was not sufficient to allow a board to take action on that item when the board’s previous notices had always explicitly stated when an action might be taken.41

The following footnotes provide the precedence and source:
33 Id. § 551.041.
34 Tex. Att’y Gen. Op. No. H-662 (1975).
35 Id.
36 Cox Enters., Inc. v. Bd. of Trustees, 706 S.W.2d 956 (Tex. 1986). See also Mayes v. City of DeLeon, 922 S.W.2d 200 (Tex .App. — Eastland 1996, writ denied); Point Isabel Indep. Sch. Dist. v. Hinojosa, 797 S.W.2d 176 (Tex. App — Corpus Christi 1990, writ denied).
37 Cox Enters., Inc. v. Bd. of Trustees, 706 S.W.2d 956 (Tex. 1986).
38 See Tex. Att’y Gen. Op. No. GA-668 (2008). (The city of Corpus Christi’s notice “does not sufficiently notify a reader, as a member of the interested public, of the subjects to be addressed at a meeting subject to the Open Meetings Act”.)
39 Point Isabel Indep. Sch. Dist. v. Hinojosa, 797 S.W.2d 176 (Tex. App. — Corpus Christi 1990, writ denied).
40 Id.
41 River Rd. Neighborhood Ass’n v. S. Tex. Sports, 720 S.W.2d 551, 557 (Tex. App. — San Antonio 1986, writ dism’d w.o.j.).

We then looked at prior meeting notices to determine how notices were presented in the past. We found that the vast majority of notices were written in a way that either directly called out a resolution to be discussed, or was written in a manner to provide enough detail to alert the public of the councils intent. In fact, the agenda for the June 8th meeting itself highlights how prior agenda items were clearly defined:

7.1. Consider Resolution 2021-17, Appointment of Mayor Pro-Tem
7.2. Discussion and Action Consider Resolution 2021-18 Modifying Requirements for Appointment to Winnsboro Boards and Commissions

Source: City of Winnsboro City Council Portal (https://winnsborotexas.civicweb.net/Portal/MeetingInformation.aspx?Org=Cal&Id=235)

FINDINGS: FALSE

The Mayor is incorrect due to the precedence set by prior meetings as established by (River Rd. Neighborhood Ass’n v. S. Tex. Sports, 720 S.W.2d 551, 557 (Tex. App. — San Antonio 1986, writ dism’d w.o.j.).) and (See Tex. Att’y Gen. Op. No. GA-668 (2008). (The city of Corpus Christi’s notice “does not sufficiently notify a reader, as a member of the interested public, of the subjects to be addressed at a meeting subject to the Open Meetings Act”.))

06/04/2021

In a recent post found on News Around Winnsboro (NAW), the Mayor says she has attended every function she has known about since taking office.

The Mayor took office at the end of the meeting on May 11, 2021.

The Farmers Market announced on May 11th, 2021 about their grand opening celebration and again on May 19th, 2021. Then on May 22nd they posted yet again right before opening. The posts were repeated in the NAW group leading up to the opening.

On May 22nd the Farmers Market opened and a post in the NAW group shows the cake cutting and opening celebration. Two Council Members and the Librarian were in attendance. The Mayor was absent.

FINDING: We rate the Mayors comment as FALSE.

05/23/2021

RUMOUR: The City Administrator is a crook.

In order to determine if this rumour was true or false, we needed to answer a few questions:

Question 1: What type of Government does Winnsboro operate under?
Answer: Winnsboro, TX operates under the Council-Manager Plan.

Question 2: What is a Council-Manager/Administrator type of government?
Answer: From page 16 of the Handbook for Mayors and Councilmembers

Council-Manager Plan
The basic structure of the council-manager form of government is similar to that of a private corporation where the stockholders elect a board of directors which then hires a president to run the company.

Under the council-manager plan, the voters elect a city council which, in turn, hires a city manager to administer the city’s day-to-day affairs. In a council-manager city, as in any other form of city government, the council serves as the legislative body. The council sets policy, approves the budget and sets the tax rate, and determines the size of the payroll and the extent and cost of municipal services.

In short, the council is the final authority on all of the many policy decisions that determine the scope and functions of the city government. Under the council-manager plan, the mayor and councilmembers have no administrative duties. These are vested in the city manager, who is responsible for directing the workforce and programs of the city in accordance with ordinances, rules, and regulations adopted by the council.

Question 3: Has Winnsboro adopted the Chapter 25 Council-Manager Plan?

No. Winnsboro is a Type A General Law City Government that has hired a City Administrator to oversee the day to day functions of the city. The City Administrator's functions are modeled after the Chapter 25 Council - Manager plan. The City Council for both Type A and the Council - Manager plan retains final authority.

Findings: This rumour is rated FALSE due to the council having the final and absolute authority over any decisions.

Source:
https://statutes.capitol.texas.gov/Docs/LG/htm/LG.25.htm
https://www.tml.org/DocumentCenter/View/1289/2019HandbookforMayorsandCouncilmemberswebfinal

05/23/2021

What are the responsibilities of the Mayor?

While there are many, one notable responsibility is public involvment. From page 18 of the Handbook for Mayors and Councilmembers:

Ceremonial Duties
The mayor’s participation in local ceremonial events is a never-ending responsibility. The mayor is expected on a daily basis to cut ribbons at ceremonies opening new businesses; break the ground to begin the construction of new city facilities; and regularly appear at fairs, parades, beauty pageants, and other community celebrations. The mayor also issues proclamations for a variety of purposes, whether to honor visiting dignitaries or declare “Support Your Local School Week.” And as a featured speaker before professional clubs, school assemblies, and neighborhood groups, the mayor can expect to be interviewed, photographed, and otherwise placed on extensive public display by the media.

Duties:
The mayor’s most important duty is to carry out the legislative responsibilities he or she shares with other members of the council

Political head of the city; the mayor is expected to provide the leadership necessary to keep it moving in the proper direction.

The mayor is specifically obligated by law to actively ensure that the laws and ordinances of the city are properly carried out.

Signatory for the city.

Under the Chapter 25 council-manager plan, the mayor has no administrative powers and will probably be in city hall on a less frequent basis. The ordinances of most council-manager cities also make it clear that decision-making is to be shared by the full council, and that the mayor is to be considered the same as any other member of the governing body for policy purposes. This is accomplished by concentrating administrative powers in the hands of a city manager, who acts under the direction of the full council.

Source:

05/17/2021

Rumour: The city is trying to circumvent voter approval for a 6 million dollar renovation.

Evidence:
April 13, 2021 The city filed Resolution 2021-12, Related to Issuance of Certificates of Obligation (https://winnsborotexas.civicweb.net/document/22444/Consider%20Resolution%202021-12,%20Related%20to%20Issuanc.pdf?handle=3B4D848F38A043788C401C3E35FAE99F).

What is a Certificate of Obligation (CO)?:
COs initially were authorized by Texas’ Certificate of Obligation Act of 1971. Cities, counties and health or hospital districts can use them to fund the construction, demolition or restoration of structures; purchase materials, supplies, equipment, machinery, buildings, land and rights of way; and pay for related professional services.

Do they circumvent voter approval?:
YES and NO.
COs do not require voter approval unless 5 percent of qualified voters within the jurisdiction petition for an election on the spending in question. The CO cannot become active without a City Council vote at least 45 days after the intent has been approved. Therefore, if local residents are concerned about the spending, there is an avenue to force a vote. If citizens are not concerned about the spending and the projects involved, they save the city money and time by not having a bond election.

Findings: This rumour is rated FALSE.

source: https://comptroller.texas.gov/economy/fiscal-notes/2017/january/co.php

Fiscal Notes, December 2016/January 2017: Certificates of obligation (COs) provide local governments with flexibility when they need to finance projects quickly. But the way COs circumvent voter approval has made them controversial in the past.