I live in Brownwood, Texas. I read the Houston Chronicle online every morning. Having read the piece they did about Mr. Wise and the New Caney ISD and posting a few comments on their website, I thought I would add this thread so others could see this type of corruption is not limited to your area.

A little background first. Personally, I am a former Clear Creek ISD high school science teacher (20 years ago). I am also an RN. I say all that to say I didn't fall off a "turnip truck" at any point in my life.

The Mayor of Brownwood, Tx – Mr. Bert V. Massey III. First elected to the city council in 1975. Served 9 years as a councilman. Elected Mayor in 1983. Has served as Mayor for the last 25 years. He is also a licensed attorney (39 years) with the partnership of Massey, Shaw and West(the Brown County Judge for 16 years). he also ownes, as well, the Brown County Abstract Company, Inc.

Darrell Haynes – councilman for 22 plus years and an attorney (41 years).

Dave Fair – councilman for 22 plus years. Recently retired as a plant manager. Holds numerous doctorate degrees all from unaccredited online universities. Heads up the Brownwood Police Chaplain program.

The other 3 councilmen were elected a year ago when the voters tossed out the incumbents by a wide margin. The "new blood" has proved to be worthless.

I wrote this email to the city manager last Monday May 19, 2008. I have yet to receive a response.

Dear Mr. Rountree,

There are issues and questions that I and others need answers to that can only be addressed in the presence of the city council members acting as a whole. There are issues at hand that the council will have to come to an agreement on involving the interpretation of the city charter. All issues except one directly involve members of the council. The council is the only body that can provide the answers to the following issues.

In light of both the Texas State and US Constitution granting the right to redress of grievances and the opinion of Texas Attorney General John Hill, Opinion # H-188, December 27, 1973 I am requesting the following issues to be placed on a future Brownwood City Council agenda as soon as possible for discussion and consideration. I am also requesting that I be allowed to address these specific issues before the council as well. It is my intention to seek an investigation into the matters by the council directly pursant to the Brownwood City Charter article II section 20.

ISSUES FOR CONSIDERATION

1. On or about December 8, 2006 the fire department administration held several meetings with the rank and file firemen of the department and instructed them that they were not to discuss in any way the recall petition while on duty or to participate in the recall effort by signing the petition. If they did participate "there would be hell to pay". This instruction attempting to imped one's right to participate in the free electoral process was said to have come from the fire administration's "boss". The city manager at that time was Mr. Chesser. Subsequently, at least one individual from the fire department staff signed the recall petition. The fire department administration became aware of this and attempted to discipline this individual. The individual went to the "union" for protection and the matter was quickly dropped by the fire department administration. Was this conduct a proper exercise of authority and does it rise to the level of "Official Oppression" Penal Code 39.03(2)?

2. What is the council's interpretation of the Brownwood City Charter art. II sec. 15? The charter clearly states, "the mayor or councilperson" (added) shall not be interested in the emoluments of any contract, job, work or service of or with the city… Any such officer ceasing to possess any of the qualifications herein required, shall forfeit his or her office or position…". As previously detailed in an email sent to all council members in early September 2007, Mr. Massey provided legal services to the city charging the city fees for said services (re: HUD Uniform Settlement Statements received from the city) . Mr. Massey's first transaction was 12/29/99 and the last one appears to have occured on 06/02/05. There were a total of 12 settlement statements with Mr. Massey personally providing the legal service to the city in 11 transactions. He collected a total of $42,870.96 in fees from various sources with $9,465.03 being paid directly by the City of Brownwood. Mr. Massey also sold title policies to the city collecting $3,223.00 in fees. Mr. Massey has claimed that anyone seeking legal services has a right to select any lawyer they choose to serve their legal needs. Mr. Massey also has an obligation by State Bar rules of Professional Conduct to decline representation where a conflict of interest is involved, therefore his argument is moot. Did Mr. Massey violate the city's charter and forfeit his position as Mayor as outlined in art. II sec.15 by performing legal work for the City of Brownwood and charging the city various fees when the legal work could and should have been performed by Mr. Chesser, the city's attorney?

In a conversation with Mr. James Campbell on August 28, 2007 he stated that Mr. Fair had a financial interest in RMI, Inc. the company he also managed. the city has bought thousands of dollars in products from RMI while Mr. Fair has sat on the council. Does this rise to the level of violating the city charter art. II sec. 15 and Mr. Fair forfeiting his office as councilman?

Mr. Haynes did have one settlement statement transaction involving the city, but collected no fees from the city. He did collect fees from the opposing party. A title policy was bought from BCAC, Inc., but all fees were paid by the buyer Mr. Comolli. Did Mr. haynes violate art. II sec. 15?

3. What is the council's interpretation of the Brownwood City Charter art. II sec.16? The charter is clear in that the compensation is set not to exceed $50 per meeting for the mayor and councilpersons. In consideration and in light of the Texas Attorney Generals' opinions Greg Abbott GA-0130; GA-0449, Mark White MW-156, Crawford C. Martin M-441, and Will Wilson WW-731 was not the payment of health insurance benefits by the city for the council using taxpayer dollars in clear and direct violation of the city's charter art. II sec.16 that sets a limit on compensation? Since 1941, in the Texas case Friedman v. Am. Sur. Co. of New York 151 S.W. 2d 570, 577, it has been well established that insurance benefits are considered "compensation". In the same conversation with Mr. Campbell mentioned above, he claimed the council had been providing themselves health insurance benefits since 1978. In a recent March 2008 conversation with 2 Brownwood citizen's, Mr. Massey claims that the insurance was already in place when he took office as Mayor. While that is true this practice of extra compensation, in violation of the charter, began in 1978 after Mr. Massey was elected to the council in 1975 as a councilman. Mr. Chesser's explaination was "other cities are doing it" according to a conservation with Mr. McMillian in August or September of 2007. Based on Mr. Chesser's statement and Mr. Campbell's knowledge of when the practice began had there been prior discussions as to the "legality" of diverting public funds for the council's own private use in the form of health insurance benefits which would exceed the $50 cap per meeting as set forth in the city charter. In fiscal year 06/07 the health insurance premium was $345 per month. Add $100 per month for council meetings and that's $445 per month in compensation. if this practice was perfectly legal and ethical why was it dropped for this current fiscal year when the practice was question? Does it rise to the level of "Misapplication of Fiduciary Property" Penal Code 32.45 or "Abuse of Official Capacity" Penal Code 39.02?

What about Mr. Massey's preset car allowance? Why was it dropped for this fiscal year when questions were raised. $303 per month for FY 06/07. Was it proper and consistant with the charter? Was it consistant with the Attorney General's opinion mentioned above?

In August 2007, I requested and received from the city a printout of all checks written to Mr. Massey, Mr. Haynes and Mr. Fair beginning September 1999 through August 2007. This covers 7 years and 11 months. it does not cover the last month, September 2007, of the previous fiscal year. The following shows the total amounts for this time period.

Mr. Haynes – $11,134.02
Mr. Fair – $15,215.10
Mr. Massey – $39,733.98

The council participates in approximately 27 meetings a year. 27 x $50 = $1,350 in compensation. $1,350 x 8 years = $10,800 in compensation over this time period. Add to that expenses incurred for the performance of their duties which is minimal and Mr. Haynes totals are well within line. Mr. Fair's totals I don't know. Mr. Massey's totals are well out of line with the limit set by the charter. Meeting compensation, improper car allowance, and what else? This does not include the health insurance benefits paid directly by the city. There needs to be a through explaination by Mr. Massey as to what this total represents.

4. What is the council's interpretation of the Brownwood City Charter art. II sec. 41? "No officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city, nor shall be financially interested, directly or indirectly, in the sale to the city of any land, or rights or interest in any land, materials, supplies or services, except on behalf of the city as an officer or employee. Any knowing violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall be subject to removal from such office or position. Any violation of this section shall render the contract voidable at the discretion of the city council."

"No member of the city council, the mayor, or any other officer, whether elected, appointed, paid or unpaid, who exercises responsibilities beyond those that are advisory in nature, shall participate in a vote or decision on a matter involving a business entity in which such officer has a substantial interest if it is reasonably foreseeable that an action on the matter would confer an economic benefit on the business entity. If the officer or a person related to the officer within the second degree of affinity or consanguinity has a substantial interest in the business entity that would be pecuniarily affected by an official action of the city council, the officer, if a member of the city council, shall file an affidavit with the city secretary, stating the nature and extent of the interest, and abstain from further participation in the matter. The terms used in this section shall be as defined in [V.T.C.A.,] Local Government Code ch. 171, as amended."

The Brownwood Police Chaplain Program claims to be a part of a municipal government program, but the funding of the program suggests otherwise, The program is headed by councilman Mr. Fair. If it was an official program of the city it would be automatically funded through the budget process. That is not the case. This program, headed by Councilman Fair, applies to the city seeking funds for the operation of the program just like the Arts Council and various other programs that the city contributes to. Mr. Fair writes the request for the funds personally, yet Mr. Fair has never publically revealed where his funding comes from for this project. Mr. Fair has never once abstained from voting on the funding for his own project when the annual budget is approved. Clearly, the funds received from the city confer an economic benefit on Mr. Fair's program yet he has failed to file an affidavit of conflict of interest regarding this matter. Did Mr. fair violate art. II sec. 41 of the city's charter? Do his actions constitute malfeasance in office and subject Mr. Fair to removal from office?

Is it proper, legal and ethically sound for Mr. Massey's law firm clients to appear before the council, with Mr. Massey present, seeking taxpayer dollars for assistance with real estate development matters and Mr. Massey never once revealing to the public as required by the city's charter his relationship and conflict of interests with his client's appearing before him? Mr. Massey has never once filed affidavits of conflict of interests involving the following clients/developers who have come before the city. Does this ride to the level of "malfeasance in office" as outlined by both the city's charter art. II sec. 41 and Local Government Code 171.004?

Developer – Gary Davis

1. 9/24, 29, 30/2003 Three Warranty Deeds were executed involving Mr. Davis and Brownwood Market place LC using the legal services of William G. Shaw of Massey, Shaw & West. It appears Mr. Davis establishes himself as a client of Massey, Shaw & West regarding these specific tracts of land that will later become all of part of the property sold to Home Depot. See Warranty Deeds vol. 1496 pg. 381, 371 & 384.

2. 04/13/04 Council passes resolution authorizing City flood plain property to Bwd. Mkt. Place. I believe this in reference to the upcoming development of the property for Home Depot by Mr. Davis.

3. 04/27/04 Council holds public hearing on a zoning change request by Mr. Davis. Resolution passes involving all or part of the land tracts in note #1 above.

4. 05/04/04 Council passes 2nd and 3rd readings on zoning change granted for Mr. Davis on 04/27/04. Council holds a lengthy discussion on a resolution committing tax abatements to Home Depot. Mr. Davis speaks to the council in favor of abatements. Mr. Massey said he would vote for the abatements if he could. Resolution passes.

5. 05/25/04 Council passes resolution supporting Mr. Davis/ Bwd. Mkt. Place LC/ Wildwood trails Apartment project and council commits to exchange fill material for R.O.W. construction costs. Mr. Massey is absent from the meeting.

6. 07/27/04 Council approves Mr. Massey's signature on the Economic development Program Agreement with Home Depot.

7. 08/03/04 Mr. Massey signs the agreement between the City and Home Depot.

8. 08/10/04 Mr. Davis/Brownwood Market place LC executed a Warranty Deed with Home Depot. It appears Mr. Massey actually closes this transaction personally. See Warranty Deed vol. 1536 pg. 260.

9. 10/26/04 Warranty Deed and Deed of Trust executed between Mr. Davis and Wildwood Trails Apts. Massey, Shaw & West and Brown County Abstract Company, Inc. close the transaction. Mr. William Shaw is the acting attorney and Mr. Ray West acts as Trustee. See Deeds vol. 1546 pg. 124, 127.

10. 12/28/04 Mr. Davis executes a Gift Deed to the City to construct a road. Massey, Shaw & West and Brown County Abstract Company handle this transaction. Mr. William Shaw is the acting attorney. See Gift Deed vol. 1561 pg. 57.

11. 02/28/05 Council passes resolution supporting Mr. Davis/ Bwd. Mkt. Place LC/Market Place Apartments Affordable Housing Project. City will provide fill material, water & sewer mains and no charge permit and tap fees. This complex is next to the Wildwood Trails Apartment project.

12. 03/08/05 Council approves zoning change for Mr. Davis for the apartment project mentioned in note #11 above.

13. 03/22/05 Council approves 2nd and 3rd readings for zoning change mentioned in note #11 above.

14. 08/09/05 Council discusses projects in new Certificate of Obligation including Davis Lane/Wildwood Trails phases I & II. Resolution passes to publish Notice of Intent to issue certificates of obligations.

15. 10/03/05 Mr. Massey signs tax abatement agreement with Home Depot.

16. 10/25/05 Mr. Davis executes Deed of Trust with Market Place Apartments LP. Mr. William Shaw closes the transaction.

17. 10/26/05 Mr. Davis executes a Warranty Deed with Market Place Apartments LP. Mr. William Shaw acting attorney.

18. 01/24/06 Council passes resolution concerning economic incentives for Mr. Davis/Market Place Apts. Affordable Housing Project.

19. 02/14/06 Mr. Massey and Mr. Davis sign a Settlement Agreement & Release of Claims on the Market place Apartments Affordable Housing Project.

20. 06/12/07 Brownwood Economic Development Corp. agrees to sell fill material to Mr. Davis/Brownwood Market Place Ltd.

21. 07/11/06 Council approves Mr. Davis/ Brownwood Market Place Ltd. incentives for hotel project with the Brownwood Economic Development Corp.

22. 08/01/07 Brownwood Economic Development Corp. signs the agreement with Mr. Davis for the hotel incentives.

23. 08/27/07 Mr. Davis executes a Special Warranty Deed with Mr. Bhakta for a tract of land to build the new hotel on. Mr. Massey personally closes the transaction for Mr. Davis.

Mr. Massey was present at every council meeting unless otherwise noted. Note that while Mr. Massey was actually signing the agreement between the city and Home Depot for tax abatements he was also preparing the closing documents/legal work at the very same time for Mr. Davis to sell the property to Home Depot. Mr. Massey cleary and directly exercised his influence on the project by stating in the council meeting approving the abatements that he would vote for the project if he had a vote in the matter.

The dates where it indicates council's approval are reflected in the council minutes for the dates indicated. The deed records are readily available at the Brown County Clerk's office. The volumn and page for the records are noted.

Developer – Mr. Ron McCann – Brownwood South Hampton Addition

1. 04/13/04 Brownwood South Hampton LLC (BSH) owns a tract of land it wants to development in home sites. They purchased this land prior to this date without the services of a local law firm it appears. On this date they request from the City assistance to develop this property. Council passes a motion to authorize working out an agreement.

2. 02/03/05 The City and BSH sign a Public Improvement Development Agreement. This agreement bears Mr. Massey's signature.

3. 04/01/05 Brownwood South Hampton executes what appears to be the first Deed of Trust to Citizens National Bank (CNB) of Brownwood. Mr. Massey personally handles the legal work. This begins the first of many transactions that Mr. Massey handles personally for BSH. See Deed vol. 1566 pg. 239.

4. 04/12/05 Council passes resolution to publish Notice to Issue Certificates of Obligation which include $250,000 for BSH incentives.

5. 06/27/05 Brownwood South Hampton executes 2 more Deeds of Trusts with CNB. Mr. Massey handles the legal work. See Deeds vol. 1577 pg. 337 & 343.

6. 08/09/05 Council discusses certificate of obligation projects including BSH incentives. Council approves bid for BSH street construction.

7. 10/11/05 Council amends agreement with Brownwood South Hampton LLC. Mr. Massey is absent from the council meeting.

8. 12/14/05 It appears BSH sells its first home with Mr. Massey personally providing the legal work. See Deed vol. 1598 pg. 1006.

9. 12/15/05 Citizens National Bank releases lien on property sold by BSH in note #8. Mr. Massey handles the legal work. See Release of Lien vol. 1599 pg. 403.

10. 12/19/05 Citizens releases another lien with BSH. Legal work by Mr. Massey. See Release of Lien vol. 1599 pg. 405

11. 12/21/05 Citizens releases 2 more liens with BSH. Legal work by Mr. Massey. There are many examples of these kind of transactions involving Mr. Massey. I have not included all of them. Between 04/01/05 and 12/04/06 I counted a total of 28 Deeds of Trusts executed by BSH to CNB all of which involved Mr. Massey to my knowledge. It appears Mr. Massey has been Brownwood South Hampton's legal provider since 04/01/05. See Release of Lien vol. 1600 pg. 236 & 238.

12. 01/24/06 Council goes into executive session and discusses BSH contract issues. Council passes resolution regarding BSH. The 2nd amendment to the agreement with BSH and the City is signed by Mr. Massey.

13. 07/11/06 The City and BSH sign agreement for Phase II development. The agreement bears Mr. Massey's signature.

14. 12/04/06 Brownwood South Hampton executes another Deed of Trust with CNB. Mr. Massey performs legal work. See Deed vol. 1639 pg. 763.

15. 08/03/07 It appears the last home sale by BSH was on this date when they execute a Warranty Deed. Mr. massey handles the closing. See Deed vol. 1686 pg. 84.

16. 01/08/08 Mr. McCann/Brownwood South Hampton LLC appears before council requesting zoning change. There is opposition from the public and the proposed changed is tabled.

The records speak for themselves. The dates where it indicates council's approval are reflected in the council minutes for the dates indicated. The deed records are readily available at the Brown County Clerk's office. The volumn and page for the records are noted. Mr. Massey becomes the personal legal service provider for Mr. McCann with Mr. McCann coming before the city council to seek amendments to the previous signed agreements. Amendments are granted. Mr. Massey was absent on one occassion. Do the actions of Mr. Massey rise to the level of malfeasance in office? No affidavits of conflict of interest exist for Mr. Massey regarding Brownwood South Hampton.

Developer – Mr. Bob Garrett – Streets Development LTD

1. 04/13/06 Mr. Garrett executes a Warranty Deed to buy property to develop into a housing addition. Mr. Shaw of Massey, Shaw & West provides the legal services. See Deed vol. 1611 pg. 835.

2. 01/09/07 Council hears request from Mr. Garrett to change the zoning for this property in note #1. Motion passes to change zoning. The 2nd and 3rd readings were heard on 01/23/07 and pass.

3. 02/13/07 Council enter executive session to discuss sale of City property in Riverside Park. It is believed this potential sale is to Street Development.

4. 11/13/07 Council approves authorization for City infrastructure participation with Streets Development/Banks of the Bayou addition.

5. 01/08/08 Council approves sale of property to Streets Development.

Again, Mr. Massey fails to file affidavits of conflict of interest in relation to Streets Development LTD. Mr. Massey was present at all council meetings. The dates where it indicates council's approval are reflected in the council minutes for the dates indicated. The deed records are readily available at the Brown County Clerk's office.

Developer – Mr. Steve Browder – Duckhorn Developers

1. 01/31/08 Steve Browder/Duckhorn Developers LLC executes a warranty deed to purchase a tract of land that would become a proposed housing development. Legal work by attorney Ray West of Massey, Shaw & West for Mr. Browder. See Warranty Deed vol. 1691 pg. 832.

2. 02/06/08 Mr. Browder presents a petition for street/alley closure to the City.

3. 02/12/08 Council hears petition submitted by Mr. Browder/Duckhorn Developers. Motion to hold a public hearing passes.

4. 02/26/08 Council holds a public hearing in which they hear the request from Mr. Browder for street/alley closure. Mr. Massey is present and participates in the council meeting. Resolution to close street/alley and Quit Claim property to Mr. Browder passes on 1st reading.

5. 03/11/08 Council hears 2nd and 3rd reading of resolution on street/alley closure. Council also passes resolution authorizing the City's participation with street, water, and sewer taps in support of this housing development of 19 homes and on the same day both Mr. Massey and Mr. Browder (a client of Massey, Shaw & West regarding this same tract of land) sign a Public Improvement Development Agreement.

6. 03/25/08 The City executes a Quit Claim Deed with Duckhorn Developers that bears Mr. Massey's signature. Legal work is provided by the Brownwood City attorney. See Deed vol. 1698 pg. 453.

Again, Mr. Massey's law firm client appears before Mr. Massey at the council meetings. Mr. Massey files no affidavits of conflict of interests concerning Mr. Browder. The dates where it indicates council's approval are reflected in the council minutes for the dates indicated. The deed records are readily available at the Brown County Clerk's office. Do the actions by Mr. Massey rise to the level of maleasance in office art. II sec. 41 of the city's charter? "Abuse of Official Capacity" outlined in the Penal Code 39.02?

I appreciate your attention Mr. Rountree to these very important matters. The public has a right to know these issues that concern the conduct of elected officials. The best place to address this grievance is before the city council, as an agenda item, allowing for discussion and deliberation.

Thank you,

Joe Cooksey

Brownwood… population 20 grand. A small community by any measure so in response to the "next step" I'll answer the "district attorney" issue like this.

Two years ago I called the DA of Brown County. I reported to him an individual who was holding himself out to be a legit physician. He even had a daily radio talk show about health. This individual held a N.D. degree. As an RN I had no clue what an N.D. degree was. I later discover it means Doctor of Naturopathic Medicine. In Texas we do not license N.D's.. This fellow received his N.D. via the web for about 4 grand or less. Let's move on.

The practice of medicine in Texas consists of making a diagnosis, prescribing a treatment and charging a fee (personal conversation with the assistant general counsel Texas Board of Medical Examiners). Clearly, on his show he was making dx's, prescribing tx's, and charging a fee when one made an office visit. I deceided to probe his practice a little farther.

I go out to his office one day when I knew he would not be there. He had working for him a LVN (a violation of the Nurse Practice Act – she had to be working under a licensed physician or dentist). She was assisting a lady purchase some "medications" so I started to look around. I notice what appeared to be a "treatment" room. I peek inside and what do I see. Box after box of accupuncture needles. I later discover 2 individuals who had accupunctire done at this office. The problem is this unlicensed "physician" has no licensed to practice medicine or accupuncture in Texas. The practice of medicine and the practice of accupuncture without a license in Texas are 3rd degree felonys.

I call the DA as instructed by the Board of Medical Examiners counsel. I fill him in with what I know and give him the names of the patients who had accupuncture. He has his investigator call me. We talk and he asks me if I would be willing to go in for the DA's office undercover. I said yes. He said don't do anything and he would call me back. He never did. Multiple calls to the DA's office and they have never once returned my phone calls. The individual in question still maintains an office here in Brownwood. Nothing was ever done to protect the public.

So… to comment on your statement… the "DA"… we have been to the DA's office. I laid the entire case out for the investigator and the assistant DA Mr. Moss. The DA has done nothing, turned nothing over to the AG's office as promised and will not return phone calls. The County Attorney and the DA are all in bed with the Mayor so it seems.

The DA, Mr. Michael Murray, suffers from a widely know, but never medically described affliction… DTS.
"Diminutive Testicular Syndrome" or commonly called "no balls". The question is…"who is pulling the DA's strings".

I said Brownwood was the most corrupt little city in Texas. I think I'm right.

Been there… done that with the agent in charge of the Abilene FBI field office. They want to see money changing hands in a brown paper bag (in general) and that I don't have.

As I stated above I have a request to appear on the council agenda. All citizens have both a federal and state constitutional right to apply to their government for redress of grievances. Former Texas AG John Hill has addressed this in opinion H-188 along with other Texas Ag's. The city is close to seeing themselves in a Writ of Mandamus hearing in district court. Although I am the lead character on the front line I am not alone.

On "new" councilman stated he would not place this on the agenda because it would harm the image of the city and might affect bond sales down the road. What a load of BS. Our long time mayor/attorney for 25 years should of thought of that BEFORE he went to the corrupt side.

There is a meeting at 9am with the new city manager tomorrow June 4 ( he knew what he was getting into and has been very supportive when it comes to open records requests). The message by 2 well known citizens will be to tell the council they have 7 days. After that the council should be prepared to be "blown out of the water". The info will go public. It will be like shooting fish in a barrel… figuratively of course.

The meeting went like expected. Nowhere. The new city manager did acknowledge that I had a "right" to redress, but has no power to place any item on the agenda.

I am looking for an attorney at this point.

Hammer….