Citizens ask for legal action after Cumby claims

CUMBY- Citizens of Cumby asked for accountability from their government at the regular February council meeting, among other items of business. 

After opening at 6:30 p.m. with a prayer, the council heard police, maintenance and fire department reports. 

The council unanimously approved both their January regular meeting minutes and January financials. 

Mayor Doug Simmerman announced that the city was in the process of receiving a lift station at the M&R lift station through a rural water grant process. Simmerman also announced the NorthEast Texas Livestock Association Junior Show was upcoming on Feb. 27-29, and recommended Cumby citizens attend. He also recommended the same for the Cumby Future Farmers of America auction on April 25, and citizen Sheryl Lackey agreed. 

CITIZEN COMMENTS

Citizen Kyle Pettit inquired if Cumby police and city hall computers, which had been reported to be in danger of a breach during the December regular council meeting, were secured. 

Police chief Paul Robertson responded by reading a prepared statement:

“The CJIS [Criminal Justice Information Services] audited the Cumby Police Department and stated we are in compliance with all requirements. The security office commended the Cumby Police Department for its audit results, and encourages them to continue.” 

Robertson stated that all police departments are audited every three years. 

“Almost all of them [agencies] are out of compliance for some reason or another,” Robertson said. “These audits are harder on smaller departments because they’re limited to money, and we follow the same regimens and security as Dallas PD.” 

Robertson said that coming into compliance cost the department $17,000, which represented the totality of their seizure budget. Cumby PD has replaced all computers inside police vehicles as well as in the police building, he said. 

Robertson received a round of applause from the audience. 

Simmerman said the city was “working on the city side also, firewalls and all that.”

“We’re getting everything up to date,” Simmerman said.  

Citizen Blanca Alba told the council she has been without water for four months.

“We were told it was going to cost a little bit more, due to being a little bit outside of the [city] limits, which is fine,” Alba said. “I’m kind of confused why I’m here, having a problem… when I first came here, they told me I shouldn’t have any problem.” 

“At this time I’m not obligated to respond,” Simmerman told Alba, stating that during citizen comments, he is not required to answer questions, but would schedule a time to speak with her at a later date, such as at next month’s city council meeting. 

Alba told Simmerman she would like to speak sooner than next month’s meeting, which takes place on March 10. 

“I would really want to schedule something,” Alba said. “We really do need water as soon as possible. There’s multiple of us with no water living there.” 

“We can talk after the meeting,” Simmerman told her. 

Citizen Ryan Horne stated, “A lot of things have been brought up by a lot of concerned citizens. I’m just curious, moving forward, what are the plans on pursuing any kind of action? Legal action… the information’s out there and now somebody has to do something with it, or it just dies.”

Horne said he spoke to other cities and other police departments, who advised him “this is where things typically die, because the city doesn’t pursue anything.”

“I’m just curious, on behalf of the citizens,” Horne said. “Y’all are our voice. Things were brought up in the past about financial and other things. Mr. Mayor, you mentioned before when you were on council that your hands were tied or you were in the dark, but now you are in power. How can we right those wrongs?”

“I’ll respond to that,” Simmerman said. “Last meeting we approved the forensic audit and as soon as they get through with our annual financial, we’ll see where that takes us… whatever that brings out, it brings it out.” 

City secretary Codi Reynolds specified that the 2019 fiscal year audit would need to be completed first, which the city estimated would take until March 30. 

“I understand the audit is one thing,” Horne said. “What I’m saying is, there are already things that are out there that could be acted upon… I know a lot of people are curious about what our council is going to do to pursue those individuals personally and legally.” 

Simmerman stated he had “no idea” how far back a forensic audit would go, and Reynolds stated “they would go as far back as we can afford.” The council asked Reynolds to inquire with their audit company how many years they could audit. 

OLD BUSINESS

The council discussed the city employee manual, about which council member Betty McCarter stated she had “quite a few concerns.” 

“In the personnel files, do we have a copy of driver's licenses?” McCarter asked. “Is there a way we can be notified if their license is suspended, if they’re invalid, if they expire?”

“It’s covered in the background check,” Council member Julie Isham Morris told McCarter. 

“But if your license expired next year, we still need a copy,” McCarter noted. Other concerns for McCarter were that the city does not require drug testing for employees who may have an accident on the job, and that the city does not require write-ups in the personnel file for verbal warnings given to an employee.

“If they’ve been given five or six verbal warnings and it’s not in the file, we never progress to the next step,” McCarter noted. 

The council decided not to take any action on the employee manual. 

The council then unanimously voted to pass an amendment that would limit the new construction of mobile homes, manufactured homes and so-called “tiny homes.” 

Citizen Amber Roberson stated she felt it was important for the council to clarify for citizens how much time they had to replace any mobile homes they currently had on their property, and volunteer firefighter David Weatherbee cautioned council members to be mindful of previously enacted zoning ordinances such that enacting the current amendment did not “undo” previous zoning codes. 

NEW BUSINESS

The council unanimously adopted a resolution adopting civil rights and fair housing policies in order to pursue a lift station grant. 

The council unanimously adopted a resolution designating authorized signatories in order to pursue a community development block grant. 

The council unanimously adopted a resolution designating a non-interest bearing account with Alliance Bank in order to pursue a community development block grant. 

The council unanimously adopted a resolution to hold a special election on May 2, 2020 for Alderman, Place 1 and Alderman, Place 2. The city previously announced that its filing deadline was February 14, but now changed the filing deadline to March 3. Additionally, the city did not make it clear that two seats were available for election, but with the adopted resolutions, both seats are up for election. 

The council did not take action on a cost share with Cumby ISD for a May 2 election, as the school has not yet decided if they will hold a spring bond election, according to Superintendent Shelly Slaughter. 

The council then discussed the possibility of implementing a citywide book exchange box. According to Isham Morris, she and “the girls in the office [city employees Reynolds and water clerk Kelsey Thomas] wanted to come up some fun things for the city to do” and would like to construct a durable wood or metal structure where citizens could “take a book, leave a book.”

McCarter said she believed the idea was “real neat,” and Simmerman offered to donate wood to build a book exchange. Council member Guy Butler stated Commerce’s Methodist Church had an example, and Slaughter stated Cumby ISD ag mechanics classes could possibly work on a book exchange structure as a service project. The council unanimously voted to form a committee to begin the book exchange project. 

The council also discussed holding a community Easter egg hunt on Saturday, April 11. Sheryl Lackey volunteered her husband, former council member Monty Lackey as the Easter bunny. Slaughter stated the school could send a letter home with children about an egg hunt, and specified that if the city wanted people to donate supplies, they would need to specify parameters such as wrapped candy and plastic eggs. The council unanimously voted to form a committee to begin the Easter egg hunt project.  

The council entered into executive session to discuss personnel matters from 7:22 p.m. to 7:54 p.m. After emerging from executive session, the council unanimously appointed Lana Adams as the city’s new municipal judge. With no other business, the meeting was adjourned at 7:55 p.m. 

*An earlier version of this story had Monty Lackey's name misspelled as "Montey." The story has been updated to reflect this change.