The Ellis County Press: Water official resigns amid boil order, lawsuit

Water official resigns amid boil order, lawsuit
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Editor on 06/26/2008 10:33:00


J. HOSKINS
The Ellis County Press
BARDWELL - Following months of controversy surrounding the City of Bardwell and
its water system, City Water Superintendent Wade Rhoades submitted his
resignation to the mayor and city council.
This comes after the boil order in place for the past couple of weeks in
Bardwell has been rescinded.
In a letter addressed to Mayor P.W. "Jinker" Gentry, Rhoades submitted his
intent to resign.
Gentry in turn, mailed the letter to Councilman Alvie Hollingsworth.
Neither Gentry, nor Rhoades could be reached for comment.
Councilwoman Maggie Walker, when contacted, had not learned of the letter,
saying she had never been sent a copy of the resignation and referred all calls
to Gentry.
Gentry recently appointed himself city secretary in addition to being the mayor
of the small town west of Ennis.
Open records lawsuit looms
Bardwell is once again under a midst of controversy, with a suit pending against
Bardwell and Gentry for the mayor's failure to comply with the Texas Public
Information Act.
The Texas Attorney General's Office, on May 9, ordered the release of all
records requested by _The Ellis County Press_.
Gentry failed to comply with that order, and an additional request prior to a
suit being filed.
According to _ECP_ Attorney Todd Phillippi, the suit, known as a writ of
mandamus, will be filed against the mayor and the city, compelling the
production of the documents requested on April 7 which requested citation
information, court records, fund information, and information regarding water
accounts, which many questioned as to why Shannon Spurgeon, wife of Bardwell
Police Chief Michael Spurgeon is collecting fees at City Hall.
Shannon Spurgeon cannot be bonded as required by the Texas Constitution, and has
been denied being bonded by at least three bonding companies.
Officials are required to have their bonds - called surety or performance bonds
- in order to collect fines, fees and payments from residents.
The suit will be filed in the 40th District Court of Ellis County.
The AG Ruling ordering the release of the documents can be found at
http://www.oag.state.tx.us/opinions/openrecords/50abbott/orl/2008/pdf/or200806165.pdf
.
The ruling also states _The Ellis County Press_ can file suit against Gentry and
the city, but Attorney General Greg Abbott may also intervene on behalf of _The
Ellis County Press_ for Gentry's failure to comply with the Public Information
Act.
The City of Bardwell, according to state law is liable for all attorney fees and
court costs as a result of the suit, due to Gentry refusing to comply with the
act.
The basis of the request was to get the records from the city which may prove
illegal conduct and wrongdoing, and to expose to the citizens the true state of
the city.