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Did you know that Mayor Virdell admits to a secret, illegal council meeting?

The video below shows Mayor Virdell admitting to a secret, illegal "closed meeting" to approve $50,000 for a dredging project. This is a clear violation of the Texas Open Meetings Act.

Llano City Council Illegal Meeting 

The City Manager Brenton Lewis, Mayor Virdell, and Council Members Hopson, Puryear, Hazel, Miiller, and Keller all had training and took a test on the Texas Open Meetings Act, so this was not a simple mistake, but rather an overt action to hide the discussion and decision on dredging, the alternatives, and the choice of contractor. Why did they do this in secret meetings? We will never know - because they were secret! It must have been important to someone for the city manager and elected officials to audaciously break the law and cheat the people of their right to participate and control their local government.

This is the reason for the Open Meetings Act and stated by the best paragraph in Texas Law:

Texas Code Sec 552.001 … government is the servant and not the master of the people. The people insist on remaining informed so that they may retain control over the instruments they have created.     

By definition in Black's Law Dictionary, this is corruption. The Llano Assistant District Attorney, Gary Bunyard,  did a flawed and superficial investigation of this corruption; falsified data to support his case; admitted that he had a conflict of interest with Mayor Virdell; and didn't interview the complainant or any participants. This statement is documented here in a good discussion of the cover-up capability of the legal system to protect government.

Proving that illegal closed and walking meetings took place is difficult because of their nature – they are secret and clandestine. However, in this case, it should be easy to prove since we have three distinct types of conclusive, undeniable evidence – despite ADA Bunyard’s assertion that it is “insufficient.”

1. Audio & Video Evidence – In a scheduled, videotaped, city council meeting, Mayor Mikel Virdell admitted that, in a closed meeting, council decided to contract with Chanas Aggregates, LLC for $50,000. The video shows that council members did not ask a single question and were able to answer questions. This demonstrates that they had already discussed it and had decided.

2. Published Evidence – The meeting agenda item for that meeting indicates that “The Elected Officials and Staff have for several months explored the various avenues…” This is a written admission of the secret meetings.

3. Outcome Evidence – The outcome of the secret meeting(s) was a contract with a local contractor that was not in the dredging business - despite the stated objective of determining the best approach to dredging. The amount of the contract was just under the competitive bid requirement, but extras were excluded from the contract which would have pushed the cost past the $50K threshold. The scope of the contract was arbitrary to keep the cost just under the $50K threshold.

Fortunately, Llano has an extraordinary District Attorney, Wiley McAfee, who supported the move of this complaint to the Texas Attorney General's Office where it is now being investigated. DA McAfee has built a skilled team with an impressive record and our hope is that he will help rid Llano of the corruption and lawlessness, for this is but one of many examples.

In response to a Texas Public Information Act request, the City of Llano said that the meeting referenced by Mayor Virdell in the video was properly held but the Texas Attorney General's Office found that not to be true. The Office of the Texas Attorney General Criminal Prosecutions Division is now investigating.

  Documentation
1/20/15
9/11/14
8/21/14
7/18/14
4/15/14
4/10/14
4/4/14

Follow-up Letter to Attorney General's Office
Status Response from Attorney General's Office
Letter to Attorney General Investigator
Follow-up Letter to Attorney General's Office
Forwarding Complaint to Attorney General
ADA Gary Bunyard Response to Closed Meetings Complaint
Closed Meeting Complaint
Attorney General's Open Meetings Handbook
Texas Law on Open Meetings - Government Code §551

 

 

 

 

 

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