The Upper Trinity Regional Water District Board of Directors is considering a measure that would disqualify board membership from two directors representing other municipalities that are employed by the town of Flower Mound.
The two in question are Flower Mound Fire Chief Eric Metzger, who represents Copper Canyon, and deputy town manager Tracy Knierim, who represents Krum. Both reside in the cities they represent.
The motion to make an amendment to the board's by laws was tabled at the district's monthly meeting on Thursday. In an 11-9 decision, board members chose to seek their city government's advice before taking a final vote at the next meeting, Aug. 4.
Upper Trinity Executive Director Tom Taylor declined comment on the specifics of the situation and said it was a board matter. But Taylor did say board members are always concerned about 'fairness.'
Taylor said Justin Secretary Virginia Blevins, who represents Justin, said she has been "making waves" about the issue since January.
" I've had a concern for a long time," she said. "I have a legal background and I just had some concern...What I want is what's best for the long term of the district and all the members that depend on the district for their water."
Blevins said, as a board member, she feels it is her responsibility to manage "risks." When asked how Metzger's and Knierim's involvement with the board could be considered a risk, Blevin said that question was recently addressed by the district's legal advisor John Boyle. Blevins said Boyle's explanation was too lengthy to get into but the by laws were put into place to protect the board from issues such as a conflict of interest.
" And I think that is what we're dealing with," Blevins said.
In a letter to Upper Trinity board members and officials, Boyle wrote the following:
" This issue is very unique. No cases, statutory or constitutional provision, nor Attorney General Opinions have been reported that address the factual and statutory provisions related to the questions and circumstances. Therefore, in searching for guidance on this matter, the Board would be well advised, as you do on all matters, to use a generous measure of commonsense and the founding principles of fairness in shared government, which are embodied in the Act."
Boyle later wrote that members who are employed by cities also represented on the district would have a hard time voicing opposite opinions without having a conflict.
Copper Canyon Mayor Sue Tejml, said she does not believe it is within the district's power to remove representative Metzger.
" I may actually legally challenge it," she said.
During public comments in the Upper Trinity meeting, Tejml said if Metzger were to be removed, Copper Canyon officials might appoint someone with "stronger views" than Metzger.
Tejml said Copper Canyon officials have been very pleased with Metzger's representation of Copper Canyon's views to the board.
" I think he very much represents Copper Canyon's position," Tejml said. "Whether it is similar or not to Flower Mound's is irrelevant."
Metzger, who does not have a voting position on the board, said he believes the board is trying to remove him and Knierim because they also disagree with the water district's decision to build the more than $200 million Lake Ralph Hall.
" I don't vote, so where's the conflict of interest," Metzger said. "I present Copper Canyon's issues on the board and obviously it's a conflict of interest to them. I think it's more of a conflict to their interests is more adequate."

Knierim, who does have a voting position on the board, said her recent appointment to the board has nothing to do with her employment with the town of Flower Mound.
" I spoke with the council and mayor and felt like I was doing something to help Krum," Knierim said. "They need some people with interest in the community to serve."
Knierim said she knows Flower Mound's position concerning Lake Ralph Hall but said her position is to voice Krum's opinions, not Flower Mound's.
" I do not see this as a potential conflict of interest," Knierim said. "In my opinion, if they are looking for conflicts of interest, they need to look at their entire membership of the board."
Knierim pointed out that there are several members on the water district's board who do not live in the cities they represent. One such member is Highland Village representative Flower Mound resident Rich Lubke, along with Blevins, voiced his opinion in their letter concerning members who are employed by other municipalities who also sit on the board. Lubke did not immediately return phone calls in time for the Leader's deadline.
Taylor said that type of membership has been going on since the beginning of the district and is not a concern.
" Several of the members don't live in but have an interest in that city and they are trusted by the city," Taylor said. "...To say there is something wrong that you don't live in your city that they represent but they have served the district well."
Lubke was presented with an award during Thursday's meeting for his continuing service to the water district.
Blevins said she is also not concerned with members who do not live in the municipality they represent.
" I'm really not into that side of it," she said. "I'm really focused on the long term....not wanting to get into each individual thing of the moment."
Metzger said the true problem lies with Taylor, who, he feels, would like board members to support the district's wishes over their municipalities' opinions.
" He [Taylor] believes our allegiance is to the district first and I believe our allegiance lies with the entity that put me on the board. So, therein lies problem," he said.
Taylor said he is just trying to ensure the safety of the district for the future.
" No one is writing up new rules," he said. "The board is merely interpreting present law and statue that concern conflict of interest in the best interest of Upper Trinity members. The board has no other allegiance."