V. Hugh Lewis II/Jefferson Jimplecute
Tuesday nights special City Council meeting began much as it started – with a lot of yelling.
The meeting was called to award the City’s expired mowing contracts for the cemeteries and city properties, but had the addition of an executive session to discuss the hiring of a City Administrator and possible action on Public Works Director Allan Whatley.
The meeting started with Mayor Patricia Finstrom interrupting Bart Varnell during public comment. Varnell had submitted bids for the mowing of City property and the cemeteries. He has had the job for the last 12 years. Finstrom challenged the work on weed-eating and parts of the cemetery.
Finstrom then interrupted Jeff Soffich’s public comment, even asking Police Chief Tino Perez to intervene as Soffich criticized Finstrom.
Soffich makes regular public comment, lately focused on how Finstrom treats citizens. “Mayor, take your sign, ‘Drunk Wives Matter’ and resign,” Soffich said. “You think you’re king poo poo bear. It’ll all come back to haunt you.”
While discussing the two mowing contracts, Ward 3 Alderman April Taylor Johnson called Varnell back to the podium to answer questions about scheduling, and how interaction with the City on specific issues works.
“We don’t half-ass nothing,” Varnell said. “I don’t know what the issue is with me, but we do our job and no one has had issue with our quality of work until now.”
“I’m driving around looking,” said Finstrom. “There’s grass growing over the curbs into the street at the city parks. I’ve had to ask to get it mowed.”
Finstrom also brought issue with a back portion of one of the cemeteries which has not been being mowed. Varnell and Whatley both said the area was unmowable due to dirt and other debris.
Ward 2 Alderman Ray Hengst asked Whatley if Finstrom had contacted him about issues with mowing. Whatley said “no.”
Varnell was awarded both contracts at $35,000 for city property and $45,000 for the cemeteries. While not the lowest bidder, the lowest was believed to be a 2-person team instead of a crew and concerns were raised over the ability to fulfill the jobs.
Whatley requested his portion of the Executive Session be done in public. He had previously requested a table and microphones be provided for himself and his attorney, but was denied by Finstrom. During the day, Finstrom removed the table, then Whatley set it back up late in the afternoon. Finstrom removed the table again before the start of the meeting.
During Whatley’s opening statement, he said he has “faced unfair and unrelenting harrassment from our newly elected mayor Patricia Finstrom. Mayor Finstrom as publicly berated me, cursed at me, repeatedly told me she hates me, all while threatening my job on countless occassions,” Whatley said. “What should have been a professional relationship has turned into an atmosphere of hostility.”
“Let me be clear, this is … a patter of abuse and abuse of power that seeks to punish those who prioritize the well-being of our community over petty projects,” he said.
Whatley said he last spoke with Finstrom on August 13 which ended with her “screaming at me and her saying she gives me the orders, then hung up.” City Secretary Melissa Boyd has been emailing Finstrom and Whatley on questions posed d by Finstrom in the interim, but Whatley said Finstrom never replied.
Johnson asked if Mayor Pro Tem Robin Moore could be the person interacting with Whatley in light of the issues.
“Let me say this first,” said Finstrom. “That’s the biggest bunch of junk I’ve ever heard. And the most untruth I’ve ever heard.”
Finstrom went on to state that this started because someone asked her about Whatley working for the Berea Water System and if he does it during the day. “I think Allan is overworked and he won’t hire someone to take over when he’s not here. … I think you need to get help, for your job, and find someone young as you’re going to want to retire some day.”
Moore said, “two adults who are professionals in their jobs, should be able to communicate in their jobs without any disagreements, any fighting, it should be pretty cut and dry when you’re an adult. I think what we need is communication without any back and forth.”
Ward 2 Alderman Dan Harrigan said since he has been on Council he’s seen this several times, with Council, individuals “It’s not what you say, it’s how you say it. Rsolving this is more than just this, it’s also with citizens, and council members.”
Whatley said he had filed grievance with the Texas workforce Commission that includes a Cease and Desist Order on Finstrom communicating with Whatley. Finstrom acknowledged the grievance but continued to try and ask Whatley questions.
Whatley said he was comfortable working with Boyd or another Council member until this is resolved. “Melissa and I have a great working relationship,” he said.
When questioned, Boyd said that “out of respect for the City, and the citizens I’m not speaking without our attorney present.”
Johnson continued to try and setup a process where Whatley could communicate with the City and Aldermen without going through Finstrom. Finstrom indicated it wasn’t necessary.
When audience members audibly responded to the comment, Finstrom said “I wish the audience would please behave themselves and quit acting like you’re 16.”
The comment created more public feedback, ending in Finstrom calling on Perez to end it.
Finstrom asked to review the TWC grievance, but was reminded by Whatley’s attorney Nick Testa, that there was a cease and desist order and she was unable to speak with Whatley. Testa recommended the City have an attorney review the document and respond within the State’s process.
Moore asked to move the discussion into executive session, but was reminded by Finstrom that Whatley had requested it be in open session.
Finstrom again tried to ask Whatley questions about his job requirements as outlined in the employee handbook. She was again told he could not answer questions directly from her.
Finstrom then called for a motion to adjourn the meeting.
Moore made the motion with Alderman Hollis Shadden seconding. Finstrom immediately called for a vote, which received two yes. Johnson interrupted the vote wishing to continue the discussion and if Whatley had anything else to say.
Finstrom said “he’s not going to tell the truth anyway.”
During Whatley’s closing statement, Finstrom continued to comment and interrupt Whatley.
“I dnn’t think one council member should know something the others don’t,” Finstrom said.
Finstrom eventually declaring the meeting adjourned and walked out.
During her departure the audience asked if Finstrom had quit.
“No I’m’ not going to quit,” Finstrom said. “There’s not enough of you here to make me quit.”
Moore continued the meeting, calling for an adjourment motion, which was approved.
A brief executive session was held to discuss the hiring of a City Administrator prior to Whatley’s, but no decision was made as the meeting was adjourned before completing the agenda.
The full video of the meeting can be seen on the Jimplecute’s YouTube channel at: