Water board seeks additional control
Denton County: Debate ignites over right to punish members
12:00 AM CST on Thursday, February 2, 2006
By KEVIN KRAUSE / The Dallas Morning News

The Upper Trinity Regional Water District, which supplies water to several Denton County cities, will consider procedures today for disciplining board members that some say are an attempt to stifle debate and criticism of the district.

For about two years, the district has been beset with internal strife over its plans to build Lake Ralph Hall in Fannin County as a water source.

The district says the reservoir is needed to supply growing areas, and the board of directors approved it overwhelmingly.

But Flower Mound – the district's biggest customer – objects to the plan, arguing that there are less costly alternatives.

The town has tried to drum up support from neighboring cities. The spat between the town and the water district has prompted legal action, special meetings and angry missives.

The district's proposed bylaw would establish a process to discipline board members for engaging in "matters of ethics or conduct that could adversely affect the district, its members or its programs."

Under the proposal, disciplinary actions could include adopting a resolution of censure against board members or the governing bodies that appointed them.

While under censure, board members could be barred from serving as a district officer. They also could be barred from making or seconding motions, placing items on the agenda or serving on committees.

Flower Mound officials say that amounts to censorship.

"It's a scare tactic being used to intimidate members into not questioning or speaking out," said town spokesman Michael Ryan. He said it would have a chilling effect on the ability of board members to question the district's policies.

Flower Mound has a representative on Upper Trinity's 27-member board. The town scheduled a special meeting for this morning to get legal advice from the town attorney over the proposal.

Upper Trinity's executive director, Thomas Taylor, said the measure is not intended to inhibit free discussion and debate.

"Governing bodies have the right to have rules about the conduct of their members," he said. "It's not about punishing anybody."

He added, however, that once decisions are made, board members should "move forward."

Mr. Taylor said Flower Mound's unsuccessful lawsuit in 2004 to halt the lake project – which has yet to win approval from the state for construction – was unusual because the board had already approved the project. He said the district realized something needed to be done to prevent similar actions.

Procedures for addressing board members' conduct were overlooked, however, when the district created its bylaws, Mr. Taylor said. He said the bylaw change was recommended by a committee appointed nearly a year ago.

The proposed bylaw change also would allow the district to bill board members for costing the district money with actions "contrary to the decisions made by the board."

Since the lawsuit, Upper Trinity has attempted to recoup more than $6 million from Flower Mound for what it says were costs associated with the suit and Flower Mound's opposition to the lake. The district formally requested reimbursement in a letter sent to the town last year.

Mr. Taylor called the proposed bylaw an "effort to bring harmony" to the cities that make up the water district.

It could, however, have the opposite effect.

Flower Mound officials said they plan to warn other members about the proposed amendment.

"They're proposing to overstep their bounds," City Council member Paul Stone said. "This could inhibit a director's desire to speak his mind to work toward the betterment of the district."

E-mail kkrause@dallasnews.com