Rapid action is being taken by the City of Teague following intense discussion regarding an addendum to the Council’s regular meeting Monday, April 16, 2018.

The last minute addition to the Council’s agenda was requested by City Administrator/Secretary Theresa Prasil, who asked Aldermen to review the Interlocal Definitive Agreement between the City of Teague and the City of Fairfield.

As detailed by Prasil, the supplemental agenda item was added following a phone call she received Friday, April 13th from the City’s attorney, Linda Sjorgen, informing her that the City Council of Fairfield is proposing to make hefty changes to the TDCJ water and wastewater facilities [to be referred to as the TDCJ Expansion and Water System Improvements Project].

Changes which, according to Prasil, have a projected cost of approximately $3.5 million.

Sjorgen of the Bojorquez Law Firm – which has represented both the City of Teague and the City of Fairfield in this Agreement since its inception, communicated to Fairfield the need to notify Teague before advancing any further in to the process.

Upon researching the Agreement, Prasil brought her concerns before Teague’s City Council, pointing out that she can find no written documentation of the City of Fairfield meeting a number of important requirements for the last twenty-eight years.

She requested that Aldermen allow her time to investigate the Agreement and its conditions further, as well as approve a motion to hire an outside attorney to review the Agreement.

The Council voted unanimously to immediately begin the process of obtaining a new attorney to review the Agreement and advise the City accordingly.

On Tuesday, April 17th, acting on the direction of Aldermen, Prasil submitted open records requests to Fairfield for operating plans, budgets, City Council meeting minutes, and financial records from 1990 to present, as well as all documents, records, and invoices regarding maintenance and repairs to the TDCJ facilities for the fiscal years of 2013 to present.

Also requested were all records regarding the City of Fairfield’s proposed TDCJ Expansion and Water System Improvements Project, including but not limited to work orders, City Council meeting minutes, bond documents, and correspondence with TDCJ and engineering firms.

On Friday, April 20th, the City of Teague obtained the services of attorney Monte Akers of Akers & Akers Law Firm of Austin. Evaluation of the Agreement and its execution has begun, and Prasil is hopeful that more information will be available at the Council’s next meeting on Monday, May 21st.

Drafted in 1990, the original Agreement was proposed by the City of Teague to provide water and wastewater services to the Texas Department of Criminal Justice’s (TDCJ) Boyd Unit, located between Fairfield and Teague on Highway 84.

The two cities agreed that providing these services would secure jobs for local residents and help promote economic growth in the area, and together entered in to an agreement to secure a bond to construct the facilities.

The thirty-year bond is set to be fulfilled in 2020.

Under the Agreement, Fairfield maintains 55% ownership and is responsible for 55% of the facility costs of the TDCJ water and wastewater facilities.

Teague owns 45% and is therefore responsible for 45% of the facility costs.

It was agreed between the two cities that Fairfield would serve as facility operator and initially be responsible for the operation and maintenance of the water and sewer plants as necessary.

The Agreement details that day-to-day operating decisions will be made solely by personnel of the City of Fairfield, and that the City of Teague will reimburse Fairfield for 45% of all expenditures associated with the operation and maintenance of the facility.

Fairfield was tasked with preparing annual operating plans and budgets for review and approval by both City Councils, generally defining the method of operation and projected annual costs of the facilities.

As detailed in the Agreement, Fairfield is obligated to retain a special bank account set aside exclusively for TDCJ Project transactions, and record all financial transactions of expenses incurred in the operation and maintenance of the facilities.

Reports of monthly financial activity are required to be prepared and submitted to each City Council in a timely manner, according to the original agreement.

As the agreement reads, final approval of budgeted expenditures will be made by the City Council of the City of Fairfield; whereas final approval of non-budgeted expenditures requires the approval of both cities’ Councils, with the exception of $250 a month which requires the approval of the Mayors of both cities.

According to Prasil, she can find no record of these annual operating plans and budgets ever being presented to Teague’s City Council for review and subsequent approval as outlined in the Agreement.

Furthermore, Prasil says she can find no record of financial activity reports, non-budgeted expenditures, or any other TDCJ related expenditures, brought before the Council or Mayors in the last twenty-eight years.

Another issue is the establishment, or lack thereof, of a Management Board.

The Agreement details that this Board consists of the Mayors and City Administrators of each city to provide monthly oversight, and empowered to make all administrative decisions except those requiring City Council approval.

According to the Agreement, the Management Board serves to “resolve differences between the two City Councils in the unexpected event a controversy should arise between the joint City Councils whereas each City Council is unable to reach an agreement with each other.”

Prasil told the Aldermen that she knows of no communication between the Cities in reference to the Management Board’s existence, and that she can find no mention of any meetings of this Board on record with the City of Teague.

She says she was not made aware of her position on the Board when she became Teague’s current City Administrator/Secretary.

During a separate interview, Fairfield City Administrator Jeff Looney gave the Freestone County Times the same answer regarding his time as City Administrator/Secretary of the City of Teague from 2000 – 2007, saying he was never informed of his role on the Management Board.

In fact, both answered that when they assumed the position as Teague’s City Administrator they were briefed only on the receipt of bond payments from TDCJ in the form of monthly checks for $10,234.08 disbursed from the City of Fairfield.

Under the Agreement, TDCJ pays the City of Fairfield directly and Fairfield then sends Teague their percentage of the payment. According to both Prasil and Looney, these monthly bond payments have been constant.

Prasil communicated her main concern with the Council, outlining the shortage of information available on the operating status and condition of the TDCJ Facilities.

She reported that she had recently been notified by city attorney Sjogren that the Facilities are in desperate need of major repair, a message that she says was never relayed to them by the City of Fairfield.

“It’s dire. Our main focus is that facilities are operating well enough for TDCJ,” said Prasil. “We want to make sure that they are receiving the water services they need.”

According to Prasil, she can find no record that the City of Teague has ever received any correspondence from the City of Fairfield regarding operation, maintenance, and financial activity as detailed in the Agreement.

When The “Times” spoke with Fairfield’s City Administrator Jeff Looney regarding Fairfield’s role in the Interlocal Definitive Agreement, he stated, “I’ve made a commitment to be fair to everybody in this process,” said Looney. “And I’ll continue to do that.”

Both Looney and Prasil submitted to The “Times” an email correspondence, the only recorded communication available so far, between the Cities’ lawyer Alan Bojorquez and Teague’s late Mayor Earnest Pack.

Dated December 13-14, 2013 the email titled “Teague-Fairfield: Utilities: Wastewater – TDCJ’s Boyd Unit (Ethics)”originated from Bojorquez to Teague Mayor Pack at the request of Fairfield City Administrator Jeff Looney.

Also copied on the email were former Teague City Administrator/Secretary Judy Keally and Natasha Martin of the Bojorquez Law Firm.

Bojorquez details his representation of both cities in the Agreement, stating that they [Bojorquez Law Firm] did not see a conflict in representing both cities, and asked for Mayor Pack’s consent to his firm working jointly Teague and Fairfield on a project.

Mayor Pack’s answer came the following day, giving Bojorquez his consent to working jointly on the project that he and Looney had discussed.

Looney says that he has received no further correspondence with City of Teague officials regarding the Agreement since that time.

According to Looney, the project referenced in the email conversation marked the beginning of the proposed TDCJ Expansion and Water System Improvements Project.

He explained that at the time of this email, he and the late Mayor Pack had been discussing the possibility of constructing a new water well in Fairfield with a water transmission line feeding in to the TDCJ’s Boyd Unit to aid in providing continuous water operations to the prison.

Now the TDCJ Expansion and Water System Improvements Project has come to fruition with the City of Fairfield working to establish a new and separate bond agreement with the TDCJ.

He explained that the Fairfield’s $3.5 million proposed bond for the TDCJ Expansion and Water System Improvements Project is meant to replace the twenty year old water and wastewater facilities at the Boyd Unit. He shared that new water lines need to be laid to continue to supply these necessary services to the prison.

Looney clarified that this proposed new bond does not include the City of Teague.

Under the new proposal, Fairfield would cover the costs of the Project while TDCJ would be responsible for making the bond payments.

Ultimately, he says that Fairfield’s top priority is and always has been providing water and sewer services to TDCJ.

The “Times” is continuing to investigate the details of this issue between the two cities.

A regularly scheduled Council Meeting is set for May 21, 2018 for the City of Teague.