Removal of the commissioners of Brazoria County Emergency Services District 3
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The Brazoria County residents of Manvel, Iowa Colony, Liverpool, Danbury, Alvin, Rosharon, Holiday Lakes, Angleton and Sandy Point rely on the Emergency Services District No3 to provide Fire and Emergency Medical Coverage to our area. Beginning January 1st, 2019, the local Fire and EMS Departments of your area will no longer receive a budget from this district. But yet we still pay property taxes to them. Instead, the individual 501c3 non-profit departments will have to ask for supplies in a requisition, and wait for one of the 6 administrative officials to bring it. If the departments need toilet paper, we have to wait for the district to bring it to us rather going to the store and getting supplies. This is Large Government at its core!
We, the residents of Brazoria County ESD3 are writing to express our significant
concerns regarding the leadership of the Emergency Services District 3 Commissioners.
Specifically we wish to state we have NO CONFIDENCE in Darrell Valusek; Michael Jones; Frank Hagdorn; Matt Glaves and Roy Beken as commissioners of Brazoria County ESD3. This board has shown a lack of transparency, leadership, trust and unscrupulous behavior.
Below are several examples of our concern:
2016 the commissioners of ESD3 met in closed session 32% of the total hours met.
2017 the commissioners of ESD3 met in closed session 35% of the total hours met
2018 the commissioners of ESD3 met in closed session 50.3% of the total hours met for January – May
In the meeting agenda and minutes for each meeting, they site “The board entered closed session to consult with legal counsel..” and in February 13, 2017; February 27, 2017; and March 23, 2017 meeting agenda, they gave no reason for meeting in closed session. “The board entered closed session at (time given) and returned to open session at (time given)”
For the months of June 30, 2016; August 15, 2016; October 2, 2017 and January 17, 2018 The district Executive Director and District Attorney stated in an email there are no meeting minutes on file.
February 8, 2016, Dan Key, the district Fire specialist suggested the district contract with Total Care to provide professional cleaning of district owned Personal Protective Equipment (PPE). Commissioner Glaves rejected the motion seconded by commissioner Hagdorn to NOT clean these personal protective suites subjecting the district volunteers to cancer causing carcinogens.
In the March 23, 2017 general meeting the board approved the loan for three new Pierce Fire Apparatus. The board waited 6 months until the trucks were delivered to purchase tools to outfit the trucks.
March 14, 2016, the district approved an expenditure of $434,532.73 to purchase district owned Motorola radio equipment. A short 18 months later, the district is looking at a new system that would no longer utilize the full scope of these radios purchased.
Texas local Government Code 176.001(4)2 Sates a local government officer is
“An agent of a local governmental entity who exercises
discretion in the planning, recommending, selecting, or
contracting of a vendor”
o The district allowed Dave Ferguson, acting as District Administrator, in all executive sessions in which all the service provider contracts are discussed and budgeting amounts are also discussed.
o Dave Ferguson is also the director of a service provider (Vendor) for the district.
(Manvel EMS) As an agent of the district AND an agent of a vendor of the district where Mr. Ferguson personally has received a taxable income that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware of the conflict”, this is a clear violation of State local Government Code 176.003.2.A Conflict of interest in loyalty.
Texas Local government code 551.005.A states
“Each elected or appointed public official who is a member of a governmental body subject to this chapter shall complete a course of training of not less than one and not more than two hours regarding the responsibilities of the governmental body and its members under this chapter not later than the 90th day after the date the member”
o As of the date of this letter, this board can only produce the course completion of
Commissioner Michael Jones.
State Local Government Code 775.082.B States
“A district shall prepare and file with the commissioners court
of each county that contains any part of the district on or
before June 1 of each year an audit report of the district's
fiscal accounts and records.”
o Wendy Gonzales of the Brazoria County Clerk office stated July 9, 2018 she has not received the last three years (2015, 2016, 2017) of the Brazoria County ESD3 Audit.
775.082(e-1) “When a district located wholly in one county fails
to complete and file the audit report by September 1 of each year
and a county auditor is not ordered to prepare the report, the
president and treasurer of the board are removed from the board
and the commissioners court shall fill the vacancy”
Commissioner Frank Hagdorn has an active warrant in Broward County Florida for failure to pay stemming from a Driving under the influence charge. (Case # 93016678MM10A)
Commissioner Frank Hagdorn has a Felony theft charge in Broward County Florida. (Case #80008531CF10A)
Commissioner Frank Hagdorn has an Adult Misdemeanor charge in Brazoria County Texas for Driving while Intoxicated (Case # 128627)
Commissioner Frank Hagdorn has a Class B Misdemeanor charge in Brazoria County Texas for Reckless Driving (Case # 90913)
Commissioner Frank Hagdorn has a Class A Misdemeanor charge in Brazoria County Texas for Assault causing bodily injury (Case # 125335 )
Sean Coutorie, the district Chief of Operation has a Sexual Assault charge plead down to an assault charge (127953701010- 3; 127953701010-2)
Sean Coutorie, the district Chief of Operation has a charge of Reckless Conduct, pointing a firearm) in Travis County (Case # 179262MJ )
Sean Coutorie, the district Chief of Operation has a charge of theft by check in Travis County Texas. (Case # 267-004 )
In closing, we would like to reiterate that the residents of Brazoria County ESD3 have lost all trust and faith in the ESD3 Board’s ability to lead this District. We, therefore, respectfully ask that you support our VOTE OF NO CONFIDENCE and relieve this board of directors of their duties and responsibilities.
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