Election Irregularities
19 Feb 2024 For quite some time, I had been asked, and wondered for myself, how is the ECWSD Board formed. No one could think of an election or who appoints this board. Little did anyone know that 4 of the 8 board memebers are representatives of the City of Ranger. They are supposedly elected. The lack of transparency and lack of communication between these representatives and the city has harmed the City way too long. I asked enough questions to find that the board had not had an election for at least 15 years. I also learned from the ECWSD 2022 audit that the board member tenures have been between 6 to 18 years.
On July 21, 2023 I submitted an Election Complaint to the Secretary of State. On October 31, 2023 I amended the complaint. In the 7 months since the filing I have only heard once that they are reviewing. I am not sure that there is much hope from any state or local agency to assist in sorting this out. It will be up to an informed City to resolve.
25 Feb 2024 In the review of ECWSD Director election this past week, I found that in addition to the Elections Code, the Special Districts Local Laws Code (6903) and the Administrative Code; the Water Code also contains some applicable rules with regards to Director Elections and appointments. The Water Code does allow the District to appoint in Section 49.105. Although possibly legal to do so; the lack of transparency or public involvement to do this for the past 15+ years is questionable.
The appointment would first have to occur after a vacancy in accordance with Section 49.105(a). One would assume that a vacancy occurs when a director resigns or possibly death. I cannot find where the statutes address this. The vacancy can also occur if the Board Disqualifies a Director in accordance with Section 49.052 DISQUALIFICATION OF DIRECTORS.
Section 49.052 (g)A board by unanimous vote of its remaining members may remove a board member only if that board member has missed one-half or more of the regular meetings scheduled during the prior 12 months. Any board member so removed may file a written appeal with the commission within 30 days after receiving written notice of the board action. The commission may reinstate a removed director if the commission finds that the removal was unwarranted under the circumstances, including the reasons for absences, the time and place of the meetings missed, the business conducted at the meetings missed, and any other facts or circumstances the commission may deem relevant.
To my knowledge the ECWSD Board of Directors have not disqualified a Director.
The absence of a Director running for his seat without an election, simply continues that Director in the same office. In accordance with Section 49.105 VACANCIES:
Section 49.105 (d)In the event of a failure to elect one or more members of the board of a district resulting from the absence of, or failure to vote by, the qualified voters in an election held by the district, the current members of the board or temporary board holding the positions not filled at such election shall be deemed to have been elected and shall serve an additional term of office, or, in the case of a temporary board member deemed elected under this subsection, the initial term of office.
Absent of a Directors resignation or the Boards disqualification, It would appear that the District’s appointment(s) last year were misguided.
26 Feb 2024 Congratulations Ranger! For the first time in over 15 years you get to elect your representatives to the Eastland County Water Supply District
3 Mar 2024 The Eastland County Water Supply District is selective when enforcing Texas statutes. They enforce or apply the statutes in such a manner to serve those that have been on the board for a very long time. An example of this is the election process. Their inconsistency is designed to protect their positions on the board and prevent competition.
An application and a petition of 50 signatures are required to declare a candidacy to the Water District Board of Directors.
Two years ago, in 2022, Mr. Gerdes and Mr. Calvert provided applications for their candidacy to the Board. They did not,however; provide petitions as required by statute. Their applications were not disqualified. In fact, an affidavit was submitted to the Joint Elections Office, declaring that they were running unopposed. This was signed by none other than Mr. Gerdes . They both remain on the board to this day.
One year ago, 2023, Mr. Green submitted neither an application, nor a petition. Once again the Joint Elections Office was notified that Mr. Green was running unopposed. This document was also signed by Mr. Gerdes. Although Mr. Green has not attended a meeting in well over a year he is still a Director on the Water Board.
Two weeks ago, Miss Lombas submitted both an application and a petition of more than 50 signatures. Her application was disqualified due to duplicative signatures, even though two offices are up for election.
For at least two years, it has been acceptable to have no petition, and even no application to be considered a candidate. Miss Lombas has provided both, but will be absent on the ballot due to the inconsistent application of the Statutes. Miss Lombas has been wronged. The Voters of Ranger have been wronged.