LEWISVILLE – The Upper Trinity Regional Water District board voted on Thursday to clarify state conflict of interest rules, effectively removing two board members who work for the town of Flower Mound but represent other cities.

Following a lengthy and contentious discussion, a majority of Upper Trinity's board members agreed with the district's attorney, John Boyle, that representing one city on the board and working for another is a conflict of interest.

"You can't serve two masters," Upper Trinity's executive director, Thomas Taylor, said. "The board clarified existing rules of the state of Texas that this is an irreconcilable conflict."

Upper Trinity provides water to Flower Mound and 17 other cities and towns.

The board's 12-to-7 decision was effective immediately, meaning Krum's representative, Tracy Knierim, and Copper Canyon's representative, Eric Metzger, were ineligible to serve on Upper Trinity's board.

Ms. Knierim, who was not allowed to cast a vote on the issue, is an assistant town manager of Flower Mound. Thursday's board meeting was only her second. Mr. Metzger, who was absent from the meeting, is Flower Mound's fire chief. He has served on Upper Trinity's board for more than five years.

"I find it strange that our fire chief cannot be trusted by the Upper Trinity water district," Flower Mound Mayor Jody Smith said after the vote. "It's embarrassing to see this. They're making up rules as they go along."

Flower Mound has been at odds with Upper Trinity for more than a year and a half over the district's plans to build Lake Ralph Hall in Fannin County as a future water source to supply growing areas of Denton County.

Upper Trinity officials say it's a needed water source. But Flower Mound – the district's largest customer – wants to study less costly alternatives to the estimated $200 million reservoir. The lake is currently in the permitting phase, Mr. Taylor said.

Mr. Taylor said Thursday's board action was not taken to punish Flower Mound.

Not everyone agreed.

"The timing is a little coincidental," said Ms. Knierim, who left the meeting after the vote.
Some Upper Trinity board members said they opposed any measure that would limit the ability of member cities to make appointments to the board. Flower Mound Town Council members recently passed a resolution to that effect.

"I'm very disappointed that you would disqualify someone for their employment," Copper Canyon Mayor Sue Tejml told board members.

Double Oak Mayor Dick Cook said board members are already bound by a conflict of interest policy and called the amendment redundant and restrictive.

But Richard Huckaby, who represents Denton County Fresh Water Supply District No. 1A, said Upper Trinity has a responsibility to identify and remove potential conflicts of interest.

"We're going to go to court over this," Mr. Huckaby said.

The issue also resulted in the recent removal of longtime Upper Trinity board member Oscar Burchard, an outspoken proponent of the lake.

Mr. Burchard had served on the water district board as the town of Double Oak's representative for nine years. He told Double Oak officials he could not vote against the conflict measure as they had wished. As a result, Double Oak removed him and appointed a new representative.

That representative, Jerry Lamel, was sworn in on Thursday. Mr. Lamel is chairman of Double Oak's planning and zoning commission. He voted against the water district's proposal.

Representatives for Lewisville, Flower Mound and Denton also voted against the change; representatives for Irving, Carrollton, Corinth and Highland Village voted for it.