By a vote of 21-3, the board supported Flower Mound representative Chris Torley’s motion to reject the amendment that Upper Trinity Executive Director Thomas Taylor had billed as a code of ethics for district officials. One board member was absent.

Flower Mound officials said the amendment was aimed at them because they have been at odds with the water district, both in and out of court, for several years. "We need a clean slate to stop the executive director from promoting this sort of activity," Torley told the board before Thursday’s vote. "Then we can start over on even ground."

Taylor did not comment before the vote was taken, and was unavailable for comment Thursday afternoon.

The bylaw change would have sanctioned communities whose representatives publicly disagree with water district decisions.

The sanctions would have included censuring board members by not allowing them to place agenda items, second a motion or serve on a committee. It also would have allowed the district to charge additional money for work requested by a community but deemed unnecessary by the district.

The amendment directed board members to govern with the goal of supporting the entire district, not the community the member represents. If a board member cannot do so, he or she should consider resigning, the proposal said.

"This is a smack at the Constitution and free speech," Flower Mound Mayor Jody Smith said before the vote.

Several of the board members who voted against the amendment defended it, nonetheless, saying it was never meant to discourage free speech.

"This is not a scare tactic," said board member Richard Lubke, who represents Highland Village. "It’s to get directors to act like directors. That still needs to happen."

The town of Flower Mound and the district have butted heads over the amount of debt carried by the district, the proposed Lake Ralph Hall in Fannin County and other issues.

The town received a bill from the district in January for more than $5 million, saying that Flower Mound racked up the bulk of the charges by delaying a water district project with requests for more information. Flower Mound disputes that bill.

The town council in Flower Mound, the district’s largest customer, appeared to lead the charge against the proposed bylaw, quickly and unanimously passing a resolution Thursday morning disagreeing with it.

A group of Flower Mound officials and citizens attended the water board meeting as a show of opposition.

During a public comment session before the bylaw vote, Krum Mayor Larry Lamonica told the board that the amendment was not an issue that concerned just Flower Mound.

"If Upper Trinity wants us to trust them, they need to function professionally," he said. "An oath of fidelity to this organization is not the answer."

Ellena Fortner, (817) 685-3888
emorrison@star-telegram.com