MOUNT PLEASANT, Texas-Discussion became heated during Tuesday's regular meeting of the Sulphur River Basin Authority when board members were considering an email their chairman accidentally sent to a fellow board member.
In July, Chairman Chris Spencer sent the email intended for his attorney to Board Member Kelly Mitchell, who previously served on the Riverbend Board of Directors. The email stated Spencer's opinion that SRBA continue their funding agreement with the Joint Commission for Program Development, an entity comprised of five water districts in the Dallas-Fort Worth Metroplex, for one more year and "placate" Mitchell.
Mitchell had emailed Spencer several suggestions on their funding contract, which states that JCPD receive 20 percent of any water project developed in the basin. The email also stated Spencer's opinion that Northeast Texas Municipal Water District serve as the river authority's general manager instead of Riverbend Water Resources District.
In August, Riverbend and the city of Texarkana, Texas, passed resolutions expressing distrust in SRBA and its chairman. The city is the primary water rights holder in Wright Patman Lake through a 1960s contract with the Army Corps of Engineers. The lake is operated under the interim rule curve of 220 feet, but the contract allows for it to be operated under the ultimate rule curve of 228.64 feet if the lake is reallocated for additional water storage. Riverbend's 16 members all passed resolutions stating they support the water district's pursuing any additional water rights if the lake is raised.
In August, Riverbend sent SRBA a letter asking for clarification that Spencer's opinions were his own and not those of the board. The letter also asked for clarifications on the direction the board would take in hiring an executive director, as required by House Bill 2180. The bill was passed in 2017 to address several issues within SRBA, including a lack of transparency, a strategic plan and outside funding.
Tuesday, Board Member Brad Drake asked why they were addressing Riverbend's letter concerning the email when he had not seen the email.
"It says 'as the referenced communication clearly indicates,'" Drake said. "So Riverbend is talking about, I assume, the email. I haven't seen the email. My point is why have I not seen the email, Chris?"
Spencer apologized and said he should have sent it to him. Drake asked how Riverbend got the email.
Mitchell replied, "I visited with my stakeholders on what I believed to be the lost direction of a chairman on who he's representing." He went on to state it was his understanding Drake had called Riverbend Executive Director and CEO Liz Fazio Hale about the email once he became aware of it.
"You contacted Liz initially," Mitchell said. "I don't think she contacted you first."
The board went on to discuss other issues Riverbend's letter addressed, including the perception of a conflict of interest, as SRBA attorney Tim Brown also works for NETMWD. Discussion became intense once again as NETMWD General Manager Walt Sears addressed the board and passed out information regarding their funding and accomplishments. Board Member Bret McCoy said he does not see a conflict of interest, but that he does see how it could be interpreted that way, as the last line of Spencer's email states "In the end, the clear winner will be NETMWD."
"Being that the attorney works for Northeast Texas Municipal Water District and there's two attorneys that serve on Riverbend, I can certainly see how they would interpret it that way," he said. "I don't see how anybody with a good legal mind wouldn't see it any other way. I hate that all this way."
"I need to read the email," Drake said.
Spencer went on to explain his words and said some of the board members were considering hiring an agency to perform the administrative functions of the authority if an executive director could not be found.
"Walt Sears of Northeast Texas Municipal Water District never one time to this minute lobbied me for them to be the administrator," he said. "But from the very first second I became chairman, and Bret saw this in Daingerfield, I was lobbied by Liz to administer SRBA, which there's nothing wrong with that."
Hale said that statement is not true.
"Riverbend, including its many stakeholders, including the city of Texarkana, Texas, as the largest water rights holder in the basin, continues to be disappointed in the lack of leadership of Chris Spencer and lack of transparency," she said. "At no time has Riverbend lobbied any member of the Sulphur River Basin Authority, and while Brad Drake stated that he had not seen the letter, it was Brad who called me after he had spoken to Chris Spencer about the email, so he was certainly aware of it. Unfortunately, it appears this is business as usual for SRBA, and some of these issues continue to bring out the worst in some individuals."
In other business, the board formed a committee to finalize a job description for an executive director, which would be published Oct. 1. They also voted to accept requests for proposals for a strategic plan.
In addition, they voted 4-3 to extend the funding agreement for another year and work with JCPD to amend the contract and to seek outside funding. McCoy, Mitchell and Board Member Gary Cheatwood voted against the measure.
The next meeting will be held at 1 p.m. Oct. 16 at the Mount Pleasant Civic Center, Mount Pleasant, Texas.