Glenn Beckendorff, in His Official Capacity as Waller County Judge, Frank Pokluda, in His Official Capacity as Waller County Precinct Two Commissioner, and Stan Kitzman, in His Official Capacity as Waller County Precinct Four Commissioner v. City of Hempstead, Texas, Citizens Against the Landfill in Hempstead, Pintail Landfill, LLC, and Waller County, Texas ( 2015 )

ACCEPTED
14-15-00322-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
6/8/2015 1:54:10 PM
CHRISTOPHER PRINE
CLERK
NO. 14-15-00322-CV
_____________________________________________________________
FILED IN
14th COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE FOURTEENTH DISTRICT OF TEXAS 6/8/2015 1:54:10 PM
AT HOUSTON, TEXAS CHRISTOPHER A. PRINE
_____________________________________________________________
Clerk
GLENN BECKENDORFF, IN HIS OFFICIAL CAPACITY AS
WALLER COUNTY JUDGE
Appellants
V.
CITY OF HEMPSTEAD, TEXAS AND
CITIZENS AGAINST THE LANDFILL IN HEMPSTEAD
Appellees
_____________________________________________________________
On Appeal from the 506TH Judicial District Court of Waller County, Texas
Honorable Terry Flenniken, Presiding
MOTION TO DISMISS
______________________________________________________________
TO THE HONORABLE FIRST OR FOURTEENTH1 COURT OF APPEALS:
Appellee, the City of Hempstead, Texas moves to dismiss the appeal.
I. Background
Appellants, Glenn Beckendorff, in his official capacity as Waller County
Judge, Frank Pokluda, in his official capacity as Waller County Precinct Two
1
Pursuant to the courts’ local rules, this case should have been assigned to the First Court of
Appeals. A motion to transfer was filed 3 June 2015.
1
Commissioner, and Stan Kitzman, in his official capacity as Waller County Precinct
Four Commissioner, appeal from the trial court’s judgment signed 20 February 2015.
In the underlying lawsuit, the parties were as follows:
Plaintiff: City of Hempstead
Plaintiff-Intervenor: Citizens Against the Landfill in Hempstead (“CALH”)
Defendants: Waller County; Glenn Beckendorff, in his official capacity as Waller
County Judge; Frank Pokluda, in his official capacity as Waller County
Commissioner; Stan Kitzman, in his official capacity as Waller County
Commissioner; Jeron Barnett, in his official capacity as Waller County
Commissioner; John Amsler, in his official capacity as Waller County
Commissioner; and Pintail Landfill, LLC.
After a jury trial, the parties entered into a settlement agreement that included an
agreed judgment. All parties moved for the trial court to enter the agreed judgment.
At the time the trial court entered judgment, Beckendorff, Pokluda, and Kitzman, had
been succeeded in office by the current Waller County elected officials. See Exhibit
A (Copy of the Waller County website listing its elected officials). 2
The trial court entered judgment on 20 February 2015. Exhibit B. A timely
filed motion for new trial was not filed. Beckendorff filed his notice of appeal more
than 30 days later on 6 April 2015. Exhibit C. Kitzman and Pokluda filed their
notices of appeal on 15 April 2015. Exhibit D.
As the facts above show, there are three grounds for dismissal:
2
The City of Hempstead requests this Court take judicial notice of the elected officials. The
facts are generally known within the trial court’s territorial jurisdiction.
2
• The notices of appeal were not timely.
• Appellants are no longer the officials for Waller County and therefore
have no standing to appeal.
• Appellants entered into a settlement agreement and agreed judgment.
They have waived the right to appeal.
II. This Court lacks jurisdiction because no timely notice of appeal was filed.
Appellant Beckendorff’s notice of appeal was not timely. A timely notice of
appeal is a jurisdictional prerequisite to appeal. See Brown Mech. Servs., Inc. v.
Mountbatten Sur. Co., Inc., 377 S.W.3d 40, 42–43 (Tex. App.—Houston [1st Dist.]
2012, no pet.); Quanaim v. Frasco Rest. & Catering, 17 S.W.3d 30, 35 (Tex. App.—
Houston [14th Dist.] 2000, pet. denied). Absent a timely-filed motion for new trial
(or other proper post-trial filing, see Tex. R. App. P. 26.1(a)), a notice of appeal is
due 30 days after the judgment is signed. Tex. R. App. P. 26.1. A motion for
extension of time may be filed within 15 days of the date the notice of appeal was
due. See Tex. R. App. P. 26.3. However, the appellant must “compl[y] with Rule
10.5(b) by, inter alia, providing a reasonable explanation for the late filing.” Brown
Mech., 377 S.W.3d at 42–43 (citing Tex. R. App. P. 26.3, 10.5(b); Jones v. City of
Houston, 976 S.W.2d 676, 677 (Tex. 1998); Verburgt v. Dorner, 959 S.W.2d 615,
617 (Tex.1997)). The failure to provide a reasonable explanation will result in
dismissal. See Walker v. Walker, No. 01-11-00232-CV, 2013 WL 105302, at *2
(Tex. App.—Houston [1st Dist.] Jan. 3, 2013, no pet.) (mem. op.).
3
A reasonable explanation is “any plausible statement of circumstances
indicating that failure to file within the [specified] period was not deliberate or
intentional, but was the result of inadvertence, mistake or mischance.” Hone v.
Hanafin, 104 S.W.3d 884, 886 (Tex. 2003) (quoting Meshwert v. Meshwert, 549
S.W.2d 383, 84 (Tex. 1977)). The court views the explanation liberally, and “[a]ny
conduct short of deliberate or intentional noncompliance qualifies as inadvertence,
mistake or mischance ....” Hone, 104 S.W.3d at 886–87 (quoting Garcia v. Kastner
Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989)).
In this case, the trial court signed the Judgment on 20 February 2015. Thirty
days later, 22 March 2015, fell on a Sunday. Notice of appeal was therefore due on
23 March 2015. Beckendorff did not file his notice of appeal until 6 April 2015, the
last day available to file a motion for extension of time. Beckendorff also filed a
motion for extension of time to file his notice of appeal. The motion for extension of
time, however, fails to provide a reasonable explanation. The motion is accompanied
by two affidavits, Beckendroff’s and his counsel’s. Counsel’s affidavit is silent
concerning the reason for filing the notice of appeal late. In his affidavit,
Beckendorff states that his attorney became aware of the 20 February Judgment on
11 March. At that time there were still 12 days to file a notice of appeal. No
explanation is given for the failure to act within the 12 days. Because no reasonable
explanation is given, despite actual notice of the judgment with 12 days left to file a
4
notice of appeal, Beckendorff’s motion for extension of time fails to comply with
Rules 10.5(b) and 26.3. Beckendorff’s notice of appeal is, therefore untimely. This
Court must dismiss for lack of jurisdiction.
Appellants Pokluda and Kitzman’s notice of appeal is therefore also untimely.
Pokluda and Kitzmann filed their notice of appeal on 15 April, well after the 23
March filing deadline, and also outside of the 15 day window for filing a motion for
extension. However, under Rule 26.1(d), a party may file a notice of appeal outside
of the normal time frame if it is filed “14 days after the first filed notice of appeal” so
long as the first notice of appeal was timely. Tex. R. App. P. 26.1(d). Because
Beckendorff’s notice was not timely, Pokluda and Kitzman’s notice is not either.
Therefore, this Court must dismiss their appeals for lack of jurisdiction.
III. Appellants lack standing because they are no longer the elected officials of
Waller County.
A suit against a governmental official in his official capacity is another way of
pleading a suit against the governmental entity. City of El Paso v. Heinrich, 284
S.W.3d 366, 373 (Tex. 2009) (citing Brandon v. Holt, 469 U.S. 464, 471–72, 105 S.
Ct. 873 (1985) (“[A] judgment against a public servant ‘in his official capacity’
imposes liability on the entity that he represents provided, of course, the public entity
received notice and an opportunity to respond.”); Tex. A & M Univ. Sys. v. Koseoglu,
233 S.W.3d 835, 844 (Tex.2007) (“It is fundamental that a suit against a state official
is merely ‘another way of pleading an action against the entity of which [the official]
5
is an agent.’ ”) (quoting Kentucky v. Graham, 473 U.S. 159, 165, 105 S. Ct. 3099
(1985)).
When a public officer is a party in an official capacity to an appeal or
original proceeding, and if that person ceases to hold office before the
appeal or original proceeding is finally disposed of, the public
officer's successor is automatically substituted as a party if
appropriate. Proceedings following substitution are to be in the name
of the substituted party, but any misnomer that does not affect the
substantial rights of the parties may be disregarded. Substitution may
be ordered at any time, but failure to order substitution of the
successor does not affect the substitution.
Tex. R. App. 7.2(a) (“Automatic Substitution of Officer”); see Abbott v. G.G.E,
03-11-00338-CV, 2015 WL 1968262, at *1 n.1 (Tex. App.—Austin Apr. 30, 2015,
no. pet. h.) (automatic substitution of successors to “former Governor,
Commissioners of HHSC and DADS, and the former Directors of the Austin and
Mexia SSLCs”); City of Houston v. Strouse, No. 14-10-00239-CV, 2011 WL
304185, at *1 n.1 (Tex. App.—Houston [14th Dist.] Jan. 27, 2011, no pet.) (mem.
op.) (automatic substitution of newly appointed chief of police in suit against
former chief in his official capacity).
Because the individuals named as appellants are no longer the elected officials
of Waller County, they have no standing to pursue this appeal. The current officials
are the proper parties. This Court should dismiss or, alternatively, substitute the
proper officials.
6
IV. Appellants may not appeal a judgment to which they agreed and which
they requested the trial court enter.
“Generally, a party who files a motion for rendition of a judgment waives its
right to complain about that judgment.” Exch., Inc. v. Long., 821 S.W.2d 265, 275
(Tex. App.—Houston [1st Dist.] 1991, writ denied) (citing Litton Indus. Prods., Inc.
v. Gammage, 668 S.W.2d 319, 322 (Tex. 1984)). A party who moves for judgment
and does not reserve the right to complain may not take a position on appeal
inconsistent with that part of the judgment it requested. See Hooks v. Samson Lone
Star, Ltd. P’ship, No. 12-0920, 2015 WL 393380, at *11 (Tex. Jan. 30, 2015)
(citing Diamond Shamrock Ref. Co. v. Hall, 168 S.W.3d 164, 170 (Tex. 2005);
Litton Indus. Prods., Inc. v. Gammage, 668 S.W.2d 319, 321–22 (Tex. 1984)).
The lawyers representing Waller County and its elected officials in their
official capacity signed an agreed judgment and joined in a motion for entry of that
judgment. Exhibit B, Exhibit E. There was no indication that Waller County or its
elected officials disagreed with the judgment or intended to appeal any portion of that
judgment. See Exhibit B, Exhibit E. Appellants did not appear or object during the
hearing on the motion for entry of judgment. Therefore, the elected officials of
Waller County in their official capacity have waived the right to complain of the
agreed judgment on appeal. See Hooks, 2015 WL 393380, at *11; Long, 821
S.W.2d at 275.
7
PRAYER
The City of Hempstead respectfully requests this Court dismiss this appeal.
Respectfully submitted,
OLSON & OLSON, L.L.P.
By: /s/ Eric C. Farrar
Eric C. Farrar
State Bar No. 24036549
efarrar@olsonllp.com
Wortham Tower, Suite 600
2727 Allen Parkway
Houston, Texas 77019
Telephone: (713) 533-3800
Facsimile: (713) 533-3888
ATTORNEYS FOR APPELLEE
8
CERTIFICATE OF CONFERENCE
The undersigned conferred appellate counsel of record as follows:
David Carp, counsel for appellants – letter faxed and emailed on 15 May; email on 3
June. Counsel for appellants has not indicated whether appellants oppose this motion
or not.
Brent Ryan, counsel for Pintail Laindfill, LLC – email on 3 June and phone call on 5
June. Counsel for Pintail has not indicated whether Pintail opposes this motion or
not.
Elton Mathis, counsel for Waller County, county judge, in his official capacity, and
county commissioners, in their official capacities, indicated that he agrees to the
relief sought in this motion.
Blayre Pena, counsel for CALH, indicated that CALH agrees to the relief requested.
/s/ Eric C. Farrar
Eric C. Farrar
9
CERTIFICATE OF SERVICE
I hereby certify that on June 5, 2015 a true and correct copy of the foregoing
Notice of Appearance of Appellate Counsel for Appellee was served via e-service:
David A. Carp Ms. Carol Chaney
Herzog & Carp Law Office of Carol A. Chaney
427 Mason Park Boulevard 820 13th Street
Katy, Texas 77450 P.O. Box 966
Facsimile (713) 781-4797 Hempstead, Texas 77445
Facsimile (979) 826-6637
Attorney for Appellant E-Mail:
carol.chaney@thechaneyfirm.net
Attorneys for Citizens
Against the Landfill in Hempstead
Mr. Brent W. Ryan Ms. V. Blayre Pena
McElroy, Sullivan, Miller, Hance Scarborough, LLP
Weber & Olmstead, L.L.P. 400 W. 15th Street, Suite 950
P.O. Box 12127 Austin, Texas 78701
Austin, Texas 78711 Facsimile (512) 482-6891
Facsimile (512) 327-6566 E-Mail: bpena@hslawmail.com
E-Mail: bryan@msmtx.com
Attorneys for Citizens
Attorney for Pintail Landfill, LLC Against the Landfill in Hempstead
Elton R. Mathis, Jr.
Waller County District Attorney
Ruhee G. Leonard
Assistant District Attorney
645 12th Street
Hempstead, Texas 77445
Facsimile: (979) 826-7722
E-Mail: e.mathis@wallercounty.us
Attorney for Waller County,
Texas
/s/ Eric C. Farrar
Eric C. Farrar
10
UNSWORN DECLARATION OF ERIC C. FARRAR
My name is Eric Clayton. Farrar, my date of birth is 30 October 1970, and
my address is 1304 W. Gray St., #527, Houston, Texas, 77019, United States of
America. I declare under penalty of perjury that the following statements are true
and correct.
1. Exhibit A is a true and correct copy of a printout of Waller County’s
website.
2. Exhibit B is a true and correct copy of the agreed judgment in this
cause.
3. Exhibit C is a true and correct copy of appellant Beckendorff’s notice
of appeal.
4. Exhibit D is a true and correct copy of appellants Kitzman and
Pokluda’s notice of appeal.
5. Exhibit E is a true and correct copy of the joint motion for entry of
judgment filed with the trial court in this cause.
Executed in Harris County, State of Texas, on the 5th day of June, 2015.
/s/ Eric C. Farrar
Eric C. Farrar
Declarant
11
6/4/2015 default.aspx.html
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F'~nancial Transparency Elected Officials Co' tact List
Public Information Request Waller County Elected Officials Contact list
Elected Officials Contact List
Commissioner Pet 1 John A. Amsler 0 - 979-826-7700
Public Notices, News & Forms
P 0 Box 648 F -979-826-2112
County Offices
Hempstead, Tx. 77445
District Court
Commissioner Pet 2 Russell Klecka 0 - 979-826-7700
Other County Offices
25442 Curtis Rd F -979-826-2112
Employment Opportunities
Waller, Tx 77484
Commissioner Court Videos/Archives Commissioner Pet 3 Jeron Barnett 0 - 979-826-7700
Minutes P 0 Box 2846 12620 FM 1887 F -979-826-2112
Waller County Sub-Regional Prairie View, Tx. Hempstead, TX
Planning Commission 77446 77445
Landfill Related Information Commissioner Pet 4 Justin Beckendorff 0-281-375-5231
Contribution & Expense Reports P 0 Box 7 3410 First St. F- 281-375-7751
Independent School District Pattison, Tx 77466 Pattison, TX 77466
Libraries Constable, Pet. 1 Bo Hashaw 0 - 979-826-3357
Museums 846 6th St. Ste 1
Hempstead, Tx 77445
Geographical
Constable, Pet 2 Glenn White 0-936-931-1914
History
27390 Fieldstore Rd F - 936-372-9234
Calendar
Waller, Tx 77484
Justice of the Peace
Constable, Pet 3 Herschel Smith 0 - 979-826-7635
Waller County Ordinances
12620 FM 1887 F -979-826-7639
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Hempstead, Tx 77445
Estray Livestock Constable, Pet 4 Joel Trimm 0 281-375-5233
Road and Bridge P 0 Box 389 3410 First St.
Recycle Center Pattison, Tx 77466 Pattison, TX 77466
Veteran's Office County Clerk Debbie Hollan 0 • 979·826-7711
Section 3 Information Room 217 -Main Ofc 836 Austin St. Hempstead F- 979-826-7771
Room 213 - Civil Hempstead, TX 77445
County Court at Law June Jackson -
0 - 979-826-7763
Judge
Room 216 836 Austin St. F- 979-826-9119
Hempstead, TX 77445
County Judge Trey Duhon -Judge 0 - 979-826-7700
Room 203 836 Austin St. F- 979-826-2112
Hempstead, TX 77445
Elton Mathis-District
District Attorney 0-979-826-7718
Attorney
645 12th Street F - 979-826-7722
Hempstead, Tx 77445
file:/1/C :IU sers/efarrar /D ocuments/default.aspx. htm I 1/2
EXHIBIT A
6/4/2015 default.aspx.html
District Clerk Liz Pirkle, District Clerk 0 • 979-826-7735
Room 318 836 Austin St. F - 979-826-7738
Hempstead, TX 77445
506th District Judge A M McCaig -Judge 0-979-921-0921
Room 307 836 Austin St. F - 979-826-9149
Hempstead, TX 77445
Justice of the Peace Charles Karisch-Judge 0-979-826-7745
Precinct 1 846 6th St. Ste 1 F - 979-826-7748
Hempstead, Tx 77445
Justice of the Peace Delores Hargrave-Judge 0-936-372-2193
Precinct 2 27388 Fieldstore Rd F - 936-931-5206
Waller, Tx 77484
Justice of the Peace Marian Jackson-Judge 0 - 979-826-7637
Precinct 3 12620 FM 1887 F - 979-826-7639
Hempstead, Tx 77445
Justice of the Peace Ted Krenek- Judge 0-281-375-5233
3410 1st St/ P 0 Box 7
Precinct 4 3410 First St. F- 281-375-7757
(Mail)
Pattison, Tx 77466 Pattison, TX 77466
Treasurer Joan Sargent
0-979-
826-7707
Room 316 836 Austin St.
Hempste~d, TX 77445 F - 979-826-7709
Tax Assessor Ellen Shelburne 979-826-7620
730 9th St
Hempstead, Tx 77445 Fax 979-826-7619
Sheriff Glenn Smith 979-826-8282
701 Calvit Street
Hempstead, Tx 77445 Fax 979-826-7667
file:/1/C:/Users/efarrar/Documents/default.aspx.html 212
Filed: 41212015 10:57:27 AM
Uz Pirkle, Dlstr!ct Clerk
Waller County, Texas
By: Janie Derrick, Deputy
CAUSE NO. 13-03-21872
CITY OF HEMPSTEAD, TEXAS § IN THE DISTRICT COURT OF
§
Plaintiff, §
and §
§
CITIZENS AGAINST THE LANDFILL § WALLER COUNTY, TEXAS
IN HEMPSTEAD §
v. §
WALLER COUNTY, TEXAS, et al., §
§
Defendants. § 506'h JUDICIAL DISTRICT
NOTICE OF APPEAL
Glenn Beckendorff, in his official capacity as Waller County Judge (Appellant),
desires to appeal and hereby files this notice with the Court of Civil Appeals for the
First or Fourteenth Judicial District of Texas, sitting at Houston, Texas from the
Agreed Final Judgment signed in the above Cause on February 20, 2015, and
Appellant desires to appeal from each and every part of said Agreed Final
Judgment.
Dated: April 2, 2015 Respectfully submitted,
By: /s/ David A. Carp
David A. Carp
TBN: 03836500
Herzog & Carp
427 Mason Park Boulevard
Katy, Texas 77450
713.781.7500 Phone
713.781.4797 Fax
dcarp@hcmlegal.com
Attorneys for Appellant
1
EXHIBIT ___C,
CERTIFICATE OF SERVICE
I hereby certify that on April 2, 2015 a true and correct copy of the foregoing
Notice of Appeal was delivered via e-service to the following:
James P. Allison
J. Eric Magee
Allison, Bass & Magee, LLP
A. 0. Watson House
402 W. 12'h Street
Austin, Texas 78701
Attorneys for Waller County, Texas and
Waller County Commissioners Court
Arthur L. Pertile Ill
Kelly Dempsey
Corey R. Ouslander
Olson & Olson, LLP
Wortham Tower, Suite 600
2727 Allen Parkway
Houston, Texas 77019
Attorneys for City of Hempstead
Terry L. Scarborough
Michael L. Woodward
V. Blayre Pena
Hance Scarborough, LLP
400 w 15'h #950
Austin, Texas 78701
Carol A. Chaney
Law Office of Carol A. Chaney
820 13'h Street
P.O. Box 966
Hempstead, Texas 77445
Attorneys for Citizens Against the Landfill
In Hempstead
2
Brent W. Ryan
McElroy, Sullivan & Miller, LLP
P.O. Box 12127
Austin, Texas 78711
Attorneys for Pintail Landfill, LLC
lsi David A. Carp
David A. Carp
3
Cause No. 13-03-21872
CITY OF HEMPSTEAD, TEXAS § IN THE DISTRICT COURT OF
Plaintiff, §
§
and §
§
CITIZENS AGAlNST THE LANDFILL § WALLER COUNTY, TEXAS
IN HEMPSTEAD §
§
v. §
§
WALLER COUNTY, TEXAS, ET. AL. §
Defendants. § 506™ JUDICIAL DISTRICT
AGREED FINAL JUDGMENT
Before the Court is the above-styled and numbered cause of action. On December 1,
2014, the case was called for trial. Plaintiff City of Hempstead ("Hempstead") appeared through
its attorney of record and announced ready for trial. Plaintiff-Intervenor Citizens Against the
Landfill in Hempstead ("CALH'') appeared through its attorney of record and announced ready
for trial. Defendants, Waller County, Texas including the elected officials of the Waller County
Commissioners Court, in their official capacities (collectively "Waller County"), appeared in
person and by their attorney of record and announced not ready for trial. Defendant, Pintail
Landfill, LLC, ("Pintail") appeared in person and by its attorney of record and announced not
ready for trial. After denying the Motions to Abate and Requests for Continuance, a jury,
consisting of 12 qualified jurors having been previously demanded, was duly empanelled and the
case proceeded to trial.
Agreed Final Judgment Page 1
The Court, after examining the record and the evidence and argument of counsel, finds
that venue is proper in Waller County, that the Court has jurisdiction over the subject matter and
the parties in this case, and that the Court has jurisdiction to enter a judgment in this case.
At the conclusion of the evidence, the Court submitted the questions of fact in the case to
the jury. The charge of the Court and the verdict of the jury are incorporated for all purposes by
reference, and attached hereto as Exhibit 1. The Parties also entered into certain Stipulations of
Fact, which are incorporated for all purposed by reference, and attached hereto as Exhibit 2.
Following the verdict of the jury of December 18, 2014, Hempstead, CALH, Pintail
Landfill and Waller County filed a Joint Motion for Entry of Agreed Final Judgment. In said
Motion, the parties represent that they have reached a settlement agreement concerning the jury
verdict and the remaining legal and factual issues pending before the Court and have agreed to
the entry of final judgment.
Accordingly, the Court renders the following Agreed Final Judgment:
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Waller County
Ordinance No. 2013-001 is void.
IT IS FURTHER ORDERED that the Host Agreement between Waller County, Texas,
and Pintail Landfill, LLC is void.
IT IS FURTHER ORDERED that Plaintiff City of Hempstead have and recover from
Waller County attorneys' fees in the amount of Two Hundred Forty-Five Thousand Dollars and
no cents ($245,000).
IT IS FURTHER ORDERED that Plaintiff-Intervenor Citizens Against the Landfill in
Hempstead have and recover from Waller County attorneys' fees in the amount of Three
Hundred Twenty-Five Thousand Dollars and no cents ($325,000).
Agreed Final Judgment Page 2
13 ~tJ? _,?/872-
IT IS FURTIIER ORDERED that the total amount of the judgment rendered will bear
interest at a rate of Five Percent (5%) per annum from the date of this judgment until paid in full.
Pursuant to the terms of the parties' settlement agreement giving rise to this Agreed Final
Judgment, the parties do not present to this Court for adjudication, and this Court does not adjudicate,
any issue concerning any claim, defense, or assertion, whether one or more, that has been or may in
the futnre be raised in any forum, regarding the validity of Waller County Ordinance No. 2011-001
and/or its applicability to (a) Texas Commission on Environmental Quality MSW Registration No.
40259 (Pintail Landfill Transfer Station), (b) Texas Commission on Environmental Quality MSW
Permit Application No. 23 77 (Pintail Landfill), and/or (c) all or any part of the 410.3 7 acre facility
site described in such Registration and Permit Application.
All costs of court spent or incurred in this cause are to be borne by the party incurring
same. All writs and processes for the enforcement and collection of this judgment may issue as
necessary.
All other relief requested in the live pleadings of any party that is not specifically granted
is DENIED. This is a final judgment that disposes of all claims and parties.
SIGNED thistZ(2 day of __ 7:+
1
~- "',&"- vr:- &_"-r_: :~: ;," "'zol5.
""'
=
TERRY~~~~[}jN <.n
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rv
Agreed Final Judgment Page 3
AGREED AS TO FORM AND SUBSTANCE:
ArtPertile
Corey R. Ouslander James P. Allison
couslander@olsonl!p. com J. Eric Magee
OLSON & OLSON, L.L.P. e.magee@allison-bass.com
Wortham Tower, Ste. 600 Allison, Bass & Associates, LLP
2727 Allen Parkway 402 W. 12th St.
Houston, Texas 77019 Austin, Texas 78701
Phone: (713) 533-3800 Phone: (512) 482-0701
Facsimile: (713)533-3888 Facsimile: (512)480-0902
ATTORNEY OR CITY OF HEMPSTEAD ATTORNEYS FOR WALLER COUNTY
DEFENDANTS
By:J.~M~~
V. Blayre Pefia Brent Ryan
0
bpena@hslawmail.com bryan@msmtx.com
Hance Scarborough McElroy, Sullivan, Miller,
400 W. 15th Street, Ste. 950 Weber & Olmstead, L.L.P.
Austin,Texas78701 P.O. Box 12127
Phone:512-479-8888 Austin, Texas 78711
Fascimile: 512-482-6891 fax Phone: (512) 327-8111
Facsimile: (512)327-6566
Carol Chaney ATTORNEYS FOR PINTAn, LANDFILL, LLC
Carol.chaney@thechaneyfirm.net
Law Office of Carol A. Chaney
820 13th Street
P.O. Box966
Hempstead, TX 77445
Phone: (979) 826-6660
Fascimile: (979) 826-8989
ATTORNEYS FOR INTERVENORS/CITIZENS
AGAINST LANDFILL
By: /}{5~~
(/ c
Agreed Final Judgment Page 4
rueu r" • • ., r
AT o;
07 O'Clock f' M
PATRICIA JAMES SPADACHENE
BYWALL~ TEXAS
DEPUTY
CAUSE NO. 13-03-21872
CITY OF HEMPSTEAD, Texas, § IN THE DISTRICT COURT OF
Plaintiff §
§
And §
§
CITIZENS AGAINST THE LANDFll.L IN §
HEMPSTEAD, §
Plaintiff Intervenor §
§
v. § WALLER COUNTY, TEXAS
§
WALLER COUNTY, TEXAS, COUNTY §
mDGB BLENNBECKENDORFF, §
COMMISSIONER FRANK POKLUDA, §
COMMISSIONER STAN KITZMAN, §
COMMISSIONER JERONBARNET, §
COMMISSIONER JOHN AMSLER, and § 50611 JUDICIAL DISTRICT
PINTAIL LANDFILL, LL.C. §
Defendants. §
CHARGE OF THE COURT
MEMBERS OF THE JURY:
After closing arguments, you will go to the jury room to decide the case, answer the
questions that are attached, and reach a verdict. You may discuss the case with other jurors only
when you are all together in the jury room.
TI:ris case is submitted to you by asking questions about the facts, which you must decide
from the evidence you have heard in this trial. You are the sole judges of the credibility of the
witnesses and the weight to be given their testimony, but in matters of law, you must be
governed by the instructions in this charge. In discharging your responsibility on this jury, you
will observe all the instructions which have previously been given you. I shan now give you
additional instructions which you should carefully and strictly follow during your deliberations.
Remember my previous instructions: Do not discuss the case with anyone else, either in
person or by any other means. Do not do any independent investigation about the case or
conduct any research. Do not look up any words in dictionaries or on the Intemet. Do not post
information about the case on the Internet. Do not share any special knowledge or experiences
with the other jurors. Do not use your phone or any other electronic device during your
deliberations for any reason, without permission from the Court. When you enter the jury room
to deliberate, you must surrender your phone and any other electronic device.
1
Any notes you have taken are for your own personal use. You may take your notes back
into the jury room and consult them during deliberations, but do not show or read your notes to
your fellow jurors during your deliberations. Your notes a:re not evidence. Each of you should
rely on your independent recollection of the evidence and not be influenced by the fact that
another juror has or has not taken notes.
You must leave your notes with the bailiff when you are not deh'berating. I will make
sure your notes are kept in a safe, secure location and not disclosed to anyone. After you
complete your deliberations, the baillff will collect your notes, unless you choose to keep them.
When you are released from jury duty, the bailiff will promptly destroy your notes, unless you
have retained them, so that no one can read what you wrote.
Here are the instructions for answering the questions.
1, Do not let bias, prejudice or sympathy play any part in your decision.
2. .Base your answers only on the evidence admitted in court and on the law that is in
these instructions and questions. Do not consider or discuss any evidence that was not admitted
in the courtroom.
3. You are to make up your own minds about the facts. You are the sole judges of
the credibility of the witnesses and the weight to give their testimony, But on matters of law,
you must follow all of my instructions.
4. If my instructions use a word in a way that is different from its ordinary meaning,
use the meaning I give you, which will be a proper legal definition.
5. All the questions and answers are important. No one should say that any question
or answer is not important
6. Answer "yes" or "no" to all questions unless you are told othenvise. A "yes"
answer must be based on a preponderance of the evidence. Whenever a question requires an
answer other than "yes" or "no," your answer must be based on a preponderance of the evidence.
The term "preponderance of the evidence" means the greater weight of credible evidence
presented in this case, If you do not find tba:t a preponderance of the evidence supports a "yes"
answer, then answer "no." A preponderance of the evidence is not measured by the number of
witnesses or by the number of documents admitted in evidence, For a fact to be proved by a
preponderance of the evidence, you must find that the fact Is more likely true than not true.
A fact may be established by direct evidence or by circumstantial evidence or both, A
fact is established by direct evidence when proved by documentary evidence or by witnesses
who saw the act done or heard the words spoken. A fact is established by circumstantial
c
evidence when it may be fairly and reasonably inferred from other facts proved,
2
7. Do not decide who you think should win before you answer the questions and
then just answer the questions to match your decision. Answer each question carefully without
considering who will win. Do not discuss or consider the effect your answers will have.
8. Do not answer questions by drawing straws or by any method of chance.
9. Do not trade your answers. For example, do not say, ''I will answer this question
your way if you answer another question my way."
10. The answers to the questions must be based on the decision of at least 10 of the 12
jurors. The same 10 jurors must agree on every answer. Do not agree to be bound by a vote of
anything less than 10 jurors, even if it would be a majority.
As I have said before, if you do not follow these instructions, it will be juror misconduct,
and I might have to order a new trial and start this process over again. 'This would waste your
time and the parties' money, and would requlre the taxpayers to pay for another trial. If a juror
breaks any of these rules, tell thai person to stop, and if such juror fails to do so, report it to the
Court.
3
.. , .........,
DEFJNITIONS & INS'IRUCTIONS
In answering the questions below; please follow these <;lefinitiom and instructions.
1. The t= ''Waller County" includes the Waller County Commissioners Court,
Judge Glenn Beckendorff and Waller County Commissioners Frank Pokluda, Stan Kitzman,
Jeron Barnett, and John Amsler.
2. Waller County is a governmental body.
3. All questions for the Jury relate to the thne period on or before February 13, 2013.
4
.. , .. ,
DEFINITIONS AND INSTRUCTIONS FOR QUESTION NUMBERS 1. 2, 3, AND 4
1. A governmenial body may consult with its attorney in executive session to discuss
the legal issues raised in connection with a proposed contract or a proposed ordinance, but it may
not discuss non-legal matters.
a. ''Non-legal matters" include but are not limited to: (1) merits of enacting
an ordinance; (2) merits of a proposed contract; (3) financial
considerations of a proposed contract; or (4) matters of public policy; or
(5) merits of an application.
b. Legal issues include advice given to Waller County regarding the legal
rami:ficatioru of facts and information and the legality of a proposed
contract or proposed ordinance.
2. ''Deliberation" means a verbal exchange during a meeting between a quorum of a
govemmental body, or between a quorum of a governmental body and another person,
concerning an issue within the jurisdiction of the governmental body or any public business.
3, ((Meeting" means!
a. A deliberation between a quorum of a govemmenial body or between a
quorum of a govemmenial body and another person, during which public
business or public policy over which the governmental body has
supervision or control is discussed or considered or during which the
govemmental body takes formal action, or
b. A gathering:
i. That is conducted by the governmental body;
ii. At which a quorum of members of the governmental body is
present;
ill. That has been called by the govemmental body, and;
iv, At which the members receive information from, give information
to, ask questioru of, or receive questions from any third person,
including an employee of the governmental body, about the public
business or public policy over which the governmental body has
supervision or control.
4. "Closed Meeting" mearu a meeting to which the public does not have access.
5. "Quorum" means a majority of a governmental body.
6. A "walking quorum" occurs when members of a governmental body gather in
numbers that do not physically constitute a quorum at any one time but who,
through successive gatherings, secretly, and intentionally, discuss a public matter
witb a quorum of that body at a place other than a posted meeting.
5
..._,.,
·;..__
QUESTION NUMBER 1
Do you find that the Waller County Commissioner's Court deliberated non-legal matters
relating to Ordinance 2013-001 in a closed meeting?
Answer: -.::;~;)''e-"---S_ _ ("Yes" or "No")
6
QUESTION NUMBER 2
Do you find that the Waller County Commissioner's Court deliberated non-legal matters
relating to the Host Agreement in a closed meeting?
Answer: g-e) ("Yes" or "No")
7
'"'I
QUESTION NUMBER 3
Do you find that at least three (3) members of the Waller County Commissioners Court
engBtled in a walking quorum related to the following items below?
(a) Host Agreement
(b) Ordinance 2013-901
8
·-~
QUESTION NUMBER 4
"Negotiate" means to try to reach an agreement or compromise by discussion with others.
Do you :find that one or more members of the Waller County C,ommissioners Court acted
as a committee, authorized by at least three (3) members of the Commissioners Court, to
negotiate the terms of the following items before presentation to the Waller County
Commissioners Court for a vote?
Answer "Yes" or ''No" for each of the following.
(a) Host Agreement Answer: _____j-r=-eS""-___ ("Yes" or ''No'~
(b) Ordinance 2013-001 Answer: -F~~e,;;,L--- ("Yes" or ''No")
9
,, ,,, 'l ··.·.···--·- ... 1 ... - ..... ,.,
.
If you answered "yes" to Question Number 4(a) or 4(b), answer Question Number¢5,
~
otherwise, do not answer Question Number 5.
QUESTION NUMBERS
Do you find that there were any committee meetings held that were not open to the public
relating to the following?
(a) Host Agreement Answer: -i~:'-1-'5'-..L--- ("Yes" or "No")
(b) Ordinance 2013-001 Answer: --i~:!.·""f'...>-5--- ("Yes" or "No")
10
' ........ .
If you answered "yes" to Question Number 4(a) or 4(b), answer Question Number 6,
otherwise, do not answer Question Number 6 and proceed to Questien Number 7.
INSTRUCTION FOR QUESTIONNOMIIER 6
A "rubber stB:rnp" occurs when a committee's recommendations are approved without
meaningful discussion.
QUESTION NUMBER 6
Do you find that the Commissioners' vote at the Feb!)lary 13, 2013 open meeting was a
rubber stamp of the following items?
Host Agreement Answer: ....,;~!lr'--P-"$'-----<"Yes" or "No")
Ordinance 2013-001 Answer: ----:oL\~e:...;s,____ ("Yes" or ''No")
d
11
INSTRUCTION FOR QUESTION NUMBERS 7 THROUGH 9
Public infonnation means information 1hat is written, produced, collected, assembled, or
maintained under a law or ordinance or in connection with the transaction of official business.
Public Information includes all documents, regardless of physical form or characteristics, created
or received by Waller County in the transaction of public business. Public information includes,
but is not limited to, e-mails, text messages, and other electronic recordings.
Waller County is required to preserve and manage its Public Information in accordance
with applicable rules and laws governing the destruction and other disposition of state and local
government records or Public Information.
Each Waller County Commissioner and the Waller County Judge is the officer for public
information and the custodian of the information created or. received by that county
commissioners' office. Waller County or the elected county officer for information of that
elective county office may determine a time for which information 1hat is not currently in Use
will be preserved, subject to any applicable rule or law governing the destruction and other
disposition of state and local gove=ent records or public information.
A£ an officer for public information, each Waller County Commissioner or County
Judge is responsible for the release of public information. Each is required to: (1) make public
informa;tion available for public inspection and copying; (2) carefully protect public information
from deterioration, alteration, mutilation, loss, or unlawful removal; and (3) repair, renovate, or
rebind public information as necessary to maintain it properly.
Each officer for public information is required to prom:in.ently display a sign containing
basic information about the rights of a requestor, the responsibilities of a govemmental body, and
the procedures for inspecting or obtaining a copy of public information. The officer shall display
the sign at one or more places in tbe administrative offices of the gove=ental body where it is
plainly visible to members of the public and employees of the governmental body whose duties
include receiving or responding to requests under this chapter.
A£ officers for public information, Waller County Commissioners and the Waller County
Judge must promptly produce public information for inspection, duplication, or bath upon
request by any person for public information: ''Promptly" means as soon as possible under the
circumstances, that is, within a reasonable time, without delay. If an officer for public
information cannot produce public inforin.ation for inspection or duplication within 10 business
days after the date the information is requested, the officer must certify 1hat fact in writing to the
requestor and set a date and hour within a reasonable time when the information will be available .
for inspection or duplication.
12
QUESTION NUMBER 7
Do you find that County Judge Glenn Beckeodorff failed to comply with any of the
following?
(a) Protecting public information from deterioration, alteration, mutilation, loss, or
unlawful removal;
(b) Displaying a sign containing basic information about the rights of a requestor, the
responsibilities of a governmental bqdy, and the procedures for inspecting or
obtaining a copy of public .information at one or more places in the administrative
offices of the governmental body where it is plainly visible to members of the public
and employees of the governmental body;
(c) Promptly producing public information for inspection, duplication, or both upon
request by any person for public information;
(d) Certifying in writing to the requestor withln 10 business days after the date the
information was requested, that public information requested could not be produced
for inspection or duplication;
(e) Notifying ihe requestor within 10 business days after the request of a date and hour
withln a reasonable time when ihe information would be available for inspection or
duplication to the requestor.
Answer: 8~5 ("Yes" or "No")
13
QUESTION NUMBER 8
Do you find that Waller County Precinct Two Commissioner Frank Pokluda failed to
comply with any of the following?
(a) Protecting public information from deterioration, alteration, mutilation, loss, or
unlawful removal;
(b) Displaying a sigo containing basic information about the rights of a requestor, the
responsibilities of a gove=ental body, and the pmc<;>dures . for inspecting or
obtaining a copy of public information at one or more places in the administrative
offices of the gove=ental body where it is plainly visiple to members of the public
and employees of the gove=ental body;
(c) Promptly producing public information for inspection, duplication, or both upon
request by any person for public information;
(d) Certifying in writing to the requestor within 10 business days after the date the
information was requested, that public information requested could not be produced
for inspection or duplication;
(e) Notifying the requestor within 10 business days after the request of a date and hour
within a reasonable time when the information would be available for inspection or
duplication to the requestor.
Answer: -~..::g."'..e:_,)_ _ _ ("Yes" or "No")
14
01JESTIONNUMBER 9
Do you find that Waller County Precinct Four Commissioner Stan Kitzman failed to comply with
any ofthe following?
(a) Protecting public information from deterioration, alteration, mutilation, loss, or
unlawful removal;
(b) Displaying a sign containing basic information about the rights of a requestor, the
responsibilities of a governmental body, and the procedures for inspecting or
obtaining a copy of public information at one or more places in the administrative
offices of the governmental body where it is plainly visible to members of the public
and employees of the governmental body;
(c) Promptly producing public information for inspection, duplication, or both upon
request by any person for public information;
(d) Certifying in writing to the requestor within 10 business days after the date the
information was requeS"!ed, that public information requested could not be produced
for inspection or duplication;
(e) Notifying the requestor within 10 business days after the request of a date and hour
within a reasonable time when the information would be available for inspection or
duplication to the requestor.
Answer: --:~3--"-e'"""s'---- ("Yes" or "No")
15
After you retire to the jury room, you will select your ownpresidiDgjuror. The first thing
the presiding juror will do is to have this complete charge read aloud and then you will deliberate
upon your answers to the questions asked.
It is the duty of the presidiDg juror-
1. to preside during your deliberations,
2. to see that your deliberations are conducted in an orderly manner and ln
accordance with the instructions in this charge,
3, to write out and hand to the bailiff any communications concerning the
case that you desire to have delivered to the judge,
4. to vote on the questions,
5. to write your answers to the questions in the spaces provided, and
6. to certify to your verdict in the space provided for the presiding juror's
signature or to obtain the signatures of all the jurors who agree with the
verdict if your verdict is less than unaniroous.
You should not discuss the case with anyone, not even with other members of the jury,
unless all of you are present and assembled in the jury room. Should anyone attempt to talk to
you about the case before the verdict is returned, whether at the courthouse, at your home, or
elsewhere, please inform the judge of this fact.
If you have a question, you must submit such question in writing to the Court. The
Presiding Juror must write out the question, sign same and hand the note to the Bailiff, who will
present it to the Couri:. Do not discuss _the question with the Bailiff.
When you have answered all the questions you are required to answer under the
instructions of the judge and your presidiDg juror has placed your answ'ers in the spaces provided
and signed the verdict as presiding juror or obtained the signatures, you will inform the bailiff at
the door of the jury room that you have reached a verdict, and then you will retum into co
with your verdict
16
··-· ~-~ · ........,,_........ -~-~-, .. ___ ....... '" .... ,...-.. ~"'•
Certificate
We, the jury, have answered the above and foregoing questions as herein indicated, and
herewith retum same into court as our verdict.
10
(To be signed by the presiding juror if th~j)Jl'y'"ls 1l1lllnlmous.)
Verd ..y tJf r
PRESIDJNG JUROR
Printed Name ofPresiding Jur~ ·'2--
1/l(Jic.,..'f- l~ u
(To be signed by those rendering fue verdict if the)mY is not unanimous.)
Jurors' Printed Names
Ckas-< es b. s~~ f.! JJ. -e(.;"z.,
J/llct-f fl:£ \ fA . /.. {HJ /'101'/
~<~ Beq>J
Sc.o-rt' M r kP.c-""7, ~ '("7;
Ko&ert L, [JJ?.'!'ic. k.
3 l4l ·~ L;,}c•S
17
CAUSE NO. 13-03-21872
ClTY OF HEMPSTEAD, Texas, § 1N THE DISTRICT COURT OF
Plaintiff §
§
And §
§
CmzENS AGAINST THE LANDFILL IN §
HEMPSTEAD, §
Plaintiff Intervenor §
§
v. § WALLER COUNTY, TEXAS
§
WALLER COUNTY, TEXAS, COUNTY §
JUDGE BLENN BECKENDORFF, §
COMMISSIONER FRANK POKLUDA, §
COMMISSIONER STAN KITZMAN, §
COMMISSIONER JERON BARNET, §
COMMISSIONER JOHN AMSLER, and § 506tb JUDICIAL DISTRICT
PJNTA!L LANDFILL, L.L.C. §
Defendants. §
AGREED STII'ULATIONS OF FACT
COMES NOW Plainti:ff City of Hempstead, Plaintiff Intervenor Citizens Against
the Landfill in Hempstead, and Defendants Waller County, Texas, County Judge Glenn
Beckendorff, Commissioner Frank Pokluda, Commissioner Stan J(jtzman, Commissioner
Jeron Barnett, Commissioner John Amsler, and Pintail Landfil~ LLC and presents these
Agreed Stipulations of Fact to the Court. The Parties agTee that the existence of such
stipulations shall not be published to the Jury or mentioned In argument before the jury.
I. Agreed StipulatioiJIS of Fact Regarding Collltraet Exception to Open Meetings
Act, Texas Government Code§ 551.0725.
Waller County Commissioners Court did not invoke Texas Government Code
§ 551.0725 (relating to Deliberation Regarding Contract Being Negotiated) to entet
executive session or closed meeting on February 13, 2013, January 2, 2013, or December
/}_A~~~~ j;J,/7,/!f
~ 5''13
AGREED STJPLJLATIONS OF FACT
1/h
·I
I .
;, Page 1 of3
r>
(Etz ,e.'f /i&/J/11 /("'// tf!F!!~~~~~
._Jt{d7f' iJ/c<'fi;~l'fj EXHIBIT
I c2
19, 2012. The Waller County agenda notices and minutes for these meetings do not
claim Texas Government Code§ 551.0725 as authority for entering executive session.
Further, Waller County Commlssioners Court did not meet any of the
requirements to deliberate business or financial Issues relating to a contract being
negotiated, whlch are enumerated in Texas Government Code § 551.0725. Specifically,
(1) the Waller County Commissioners Court did not vote lll!animously that deliberation
would have a detrimental effect on the position of the Commissioners Court in
negotiating with a third person before conducting the closed meeting; (2) the attorney
advising the Waller County Commissioners Court did not issue a written determination
that deliberation in an open meeting would have a detrimental effect on the position of
the Commissioners Court in negotiating with a third person before conducting the closed
meeting; and (3) the Waller County Commissioners Court did not make a tape recording
of the closed meeting.
ll. Agreed Stipulation of Fact Regarding ExtraterritGrial Jurisdiction of City of
Hempstead.
The Ordinance 2013-001 authorizes and allows disposal of solid waste within
certain areas of the City of Hempstead's extraterritorial jurisdiction ("ETJ"). Those
certain areas consist of the areas described in Exhibit A of Ordinance 2013-001 that are
within one mile offue city limits of the City of Hempstead.
ill. Agreed Stipulation of Fact that the Host Agreement ill a Contract.
The Host Agreement is a contract.
AGREED STIPULATIONS OF FACT Page 2 of3
Agreed:
Kelly Dempsey J. Eric Magee
Kdempsey@olsonJlp.com e.magee@allison-bass.com
Corey R. Ouslander Allison, Bass & Associates, LLP
cous1ander@olsonJlp.com 402 W. 12lh St
OLSON & OLSON, L.L.P. Austin, Texas 78701
Wortham Tower, Ste. 600 Phone: (512)482-0701
2727 Allen Parkway Facsimile: (512)480-0902
Houston, Texas 77019 ATTORNEYS FORWALLER COUNTY
Phone: (713) 533-3800 DEFENDANTS
Facsimile: (713)533-3888
AtTORNEYS OR CITY OF HEMPSTEAll
By:_-"'-of~.c;q,L'ti~~u::___:~_::---_::~
V. Blayre Peiia Brent Ryan
bpena@hslawmail.com bzyan@msm1X.com
Wesley P. McGuffey McElroy, Sullivan, Miller,
wmcguffey@hslawmail.com Weber & Ohnstead, L.L.P.
Hance Scarborough, LLP P.O. Box 12127
400 W. 15th Street, Ste. 950 Austin, Texas 78711
Aus1in, Texas 78701 Phone: (512) 327-8111
Phone: 512-479-8888 Facsimile: (512)327-6566
Facsimile: 512-482-6891 fax ATIORNEYSFORPINTAILLANDFILL,LLC
Carol Chaney
Carol.chaney@thechaneyfirrn.net
Law Office of Carol A. Chaney
820 13th Street
P.O. Box.966
Hempstead, TX 77445
Phone: (979) 826-6660
Facsimile: (979) 826-8989
AtTORNEYS FOR
INTERVENORS/CrrrZENS AGAINST
LANDFILL
AGREED S'ITPULATlONS OFFACT Page 3 of3
CLERK'S NOTICE OF APPEAL
TRIAL COURT# 13-03-21872
COURT OF APPEALS# 14-15-00322-CV
IN THE 506m DISTRICT COURT
WALLER COUNTY, TX
ASSIGNED TO FOURTEENTH COURT OF APPEALS
CITY OF HEMPSTEAD, TEXAS § IN THE DISTRICT COURT
AND
CITIZENS AGAINST THE §
LANDFILL IN HEMPSTEAD
§ WALLER COUNTY
vs.
§
WALLER COUNTY, TEXAS
ETAL § 506TH JUDICIAL DISTRICT
Note: Original Notice of Appeal was sent on
416/15 for Appellant Glenn Beckendorff In his Ojjlclal
Capacity as Waller County Judge and the
following Appellants are being added:
Appellants Frank Pokluda, in his Official Capacity
as Waller County Precinct Two Commissioner
Stan Kitzman, in his Official Capacity
As Waller County Precinct Four Commissioner
Appellants' Attorney David A. Carp, State Bar No. 03836500
427 Mason Park Boulevard
Katy, TX 77450
Phone: 713-781-7500
Fax: 713-781-4797
Court 506ili Judicial District
Judge Hon. Terry Flenniken
Appellee City of Hempstead, Texas
Appellee's Attorneys Arthur L. Pertile, 1ll
Kelly Dempsey
Corey R. Ouslander
Wortham Tower, Suite 600
2727 Allen Parkway
Houston, Texas 77019
Appellee Citizens Against the Landfill in Hempstead
Appellee's Attorneys Teny L. Scarborough
Michael L. Woodward
V. Blayre Perra
400 w 15'' #950
Austin, Texas 78701
Carol A. Chaney
820 13 1' Street
PO Box 966
Hempstead, Texas, 77445
Court Reporter Robyn Wiley
979-921-0921
reporter@court506.com
MarshaL. Burrus
936-372-5182
shaburrus@sbcglobal.net
Maggie Raiford
979-716-7122
maggie raiford@yahoo.com
Kaetheryne Kyriell
936-443-3312
kkyriell@gmail.com
Judgment February 20,2015
Notice Appeal Aprill5, 2015
Assigned 14th Court of Appeals
Liz Pirkle
LIZ PI.IV<:r,.p, DISTRICT LERK OF WALLER COUNTY
J2__
cc; Hon. Albert M. McCaig
David A. Carp, dcaro@hcmlegal.com
James P. Allison, Lallison@allison-bass.com
J. Eric Magee, e.magee@allison~bass.com
Corey R. Ouslander, couslander@olsonllp.com
V. Blayre Pena, bpena@hslawmail.com
Carol A. Chaney, carol.chaney@thechaneyfirm.net
Brent W. Ryan, bryan@msmtx.com
Robyn Wiley, reporter@court506.com
MarshaL. Burrus, shaburrus@sbcglobal.net
Maggie Raiford, maggie raiford@yahoo.com
Kaetheryne Kyriell, kkyriell@gmail.com
Elton R. Mathis, e.mathis@wallercounty.us
Ruhee G. Leonard, r.leonard@wallercounty.us
Flied: 411512015 4:15:34 PM
Liz Plrk:le, District Clerk
Waller County, Texas
By: Janie Derrick, Deputy
CAUSE NO. 13-03-2187.2
CITY OF HEMPSTEAD, TEXAS § IN THE DISTRICT COURT OF
§
Plaintiff, §
and §
§
CITIZENS AGAINST THE LANDFILL § WALLER COUNTY, TEXAS
IN HEMPSTEAD §
v. §
WALLER COUNTY, TEXAS, et al., §
§
Defendants. § 506'" JUDICIAL DISTRICT
NOTICE OF APPEAL
Frank Pokluda, in his official capacity as Waller County Precinct Two
Commissioner, and Stan Kitzman, in his official capacity as Waller County Precinct
Four Commissioner (Appellants), desire to appeal and hereby file this notice with the
Court of Civil Appeals for the First or Fourteenth Judicial District of Texas, sitting at
Houston, Texas from the Agreed Final Judgment signed in the above Cause on
February 20,2015, and Appellants desire to appeal from each and every part of said
Agreed Final Judgment.
Pursuant to TRAP 26.1 (d) Appellants desire to join in the related Notice of
Appeal filed on April2, 2015 by Glenn Beckendorff, in his Official Capacity as Waller
County Judge, and are hereby filing this their Notice of Appeal within fourteen (14)
days of Mr. Beckendorff's appeal. Mr. Beckendorff's appeal is assigned to the
Fourteenth Court of Appeals under Court of Appeals #14-15-00322-CV, and styled
1
Glenn Beckendorff, in his Official Capacity as Waller County Judge, v. City of
Hempstead, Texas and Citizens Against the Landfill in Hempstead.
Dated: April15, 2015 Respectfully submitted,
By: /s/ David A. Carp
David A. Carp
TBN: 03836500
Herzog & Carp
427 Mason Park Boulevard
Katy, Texas 77450
713.781.7500 Phone
713.781.4797 Fax
dcarp@hcmlegal.com
Attorneys for Appellant
2
CERTIFICATE OF SERVICE
I hereby certify that on April15, 2015 a true and correct copy of the foregoing
Notice of Appeal of Frank Pokluda, in his Official Capacity as Waller County Precinct
Two Commissioner, and Stan Kitzman, in his Official Capacity as Waller County
Precinct Four Commissioner, was delivered viae-service to the following:
James P. Allison Brent W. Ryan, Esq.
J. Eric Magee McElroy, Sullivan & Miller, LLP
Allison, Bass & Magee, LLP P.O. Box 12127
A. 0. Watson House Austin, TX 78711
402 W. 12th Street
Austin, Texas 78701 Attorneys for Pintail Landfill, LLC
Attorneys for Waller County, Texas
and Waller County Commissioners Court
Eric Farrar, Esq.
Olson & Olson, LLP
Wortham Tower, Suite 600
2727 Allen Parkway
Houston, Texas 77019
Attorneys for City of Hempstead
Terry L. Scarborough
Michael L. Woodward
V. Blayre Pena
Hance Scarborough, LLP
400 w 15th #950
Austin, Texas 78701
Carol A. Chaney
Law Office of Carol A. Chaney
820 13th Street
P.O. Box 966
Hempstead, Texas 77445
Attorneys for Citizens Against the Landfill
in Hempstead
/s/ David A. Carp
David A. Carp
3
Envelope Details Page 1 of2
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Case# 13-03-21872- CITY OF HEMPSTEAD,
TEXASv.WALLER COUNTY, TEXAS, COUNTY JUDGE
GLENN BECKENDORFF, COMMISSIONER FRANK
POKLUDA, COMMISSIONER STAN KITZMAN,
COMMISSIONER JERON BARNETT, COMMISSIONER
JOHN AMSLER, and PINTAIL LANDFILL, L.L.C. (Flenniken,
Terry)
Case Information
Location Waller County • 506th District Court
Date Filed 04/15/2015 04:15:34 PM
Case Number 13-03-21872
CITY OF HEMPSTEAD, TEXASv.WALLER COUNTY, TEXAS,
COUNTY JUDGE GLENN BECKENDORFF, COMMISSIONER
Case Description FRANK POKLUDA, COMMISSIONER STAN KITZMAN,
COMMISSIONER JERON BARNETT, COMMISSIONER JOHN
AMSLER, and PINTAIL LANDFILL, L.L.C.
Assigned to Judge Flenniken, Terry
Attorney David Carp
Firm Name Herzog & Carp
Filed By David Carp
Filer Type Not Applicable
Fees
Convenience Fee $0.09
Total Court Case Fees $0.00
Total Court Filing Fees $0.00
Total Court Service Fees $0.00
Total Filing & Service Fees $0.00
Total Service Tax Fees $0.00
Total Provider Service Fees $3.00
Total Provider Tax Fees $0.25
Grand Total $3.34
Payment
Account Name Herzog & Carp
Transaction Amount $3.34
Transaction Response Approved
Transaction ID 8065630
Order# 004905173-0
https://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid~9e4ed32c-b5e7-4cff-8f3d-a6e524f3e71d 4/16/2015
Envelope Details Page 2 of2
Notice of Appeal
Filing Type EF ileAndServe
Filing Code Notice of Appeal
Filing Description Notice of Appeal
Reference Number Beckendorff Appeal
Messrs. Pokluda and Kitzman are joining in the
Comments Notice of Appeal filed by Glenn Beckendorff on
April 2, 2015.
Status Accepted
Accepted Date 2015-04-16 13:05:39 UTC
Fees
Court Fee $0.00
Service Fee $0.00
Documents
Lead Document Notice of Appeal Pokluda-Kitzman.pdf [Original] [Transmitted]
eService Details
S d Date/Time
Name/Email Firm Service Type Status erve Opened
McElroy,
Brent WRyan Sullivan, Miller,
EServe Sent Yes Not Opened
bryan@msmtx.com Weber&
Olmstead, LLP
Corey Ouslander Olson & Olson,
EServe Sent Yes Not Opened
couslander@olsonolson.com LLP
Kelly Dempsey Olson & Olson, Sent Yes Not Opened
EServe
kdempsey@olsonllp.com LLP
Ann Jacobs 04/16/2015
Herzog & Carp EServe Sent Yes
ajacobs@hcmlegal.com 08:04:36AM
Arthur L Fertile III Allison Bass & 04/15/2015
EServe Sent Yes
apertile@olsonllp.com Associates LLP 04:47:51 PM
V Blayre Pena Allison Bass &
EServe Sent Yes Not Opened
bpena@hslawmail.com Associates LLP
Carol A Chaney Allison Bass & 04/15/2015
EServe Sent Yes
carol.chaney@thechaneyfirm.net Associates LLP 06:31:28 PM
James Allison Olson & Olson,
EServe Sent Yes Not Opened
j.allison@allison-bass.com LLP
Eric Magee Olson & Olson,
EServe Sent Yes Not Opened
e.magee@allison-bass.com LLP
https://efile.txcourts.gov!EnvelopeDetails.aspx?envelopeguid=9e4ed32c-b5e7 -4cff-8!3d-a6e524!3e71 d 4/16/2015
Cause No. 13-03-21872
CITY OF HEMPSTEAD, TEXAS §
Plaintiff, §
§
and §
§
CITIZENS AGAINST THE LANDFILL § WALLER COUNTY, TEXAS
IN HEMPSTEAD §
§
v. §
§
WALLER COUNTY, TEXAS, ET. AL. §
Defendants. § 506™ JUDICIAL DISTRICT
AGREED FINAL JUDGMENT
Before the Court is the above-styled and numbered cause of action. On December 1,
2014, the case was called for trial. Plaintiff City of Hempstead ("Hempstead") appeared through
its attorney of record and announced ready for trial. Plaintiff-Intervenor Citizens Against the
Landfill in Hempstead ("CALH") appeared through its attorney of record and announced ready
for trial. Defendants, Walter County, Texas including the elected officials of the Waller County
Commissioners Court, in their official capacities (collectively "Waller County"), appeared in
person and by their attorney of record and announced not ready for trial. Defendant, Pintail
Landfill, LLC, ("Pintail") appeared in person and by its attorney of record and announced not
ready for trial. After denying the Motions to Abate and Requests for Continuance, a jury,
consisting of 12 qualified jurors having been previously demanded, was duly empanelled and the
case proceeded to trial .
•
Agreed Final Judgment Page 1
VOl 2 0 0PG 0 I 38
The Court, after examining the record and the evidence and argument of counsel, finds
that venue is proper in Waller County, that the Court has jurisdiction over the subject matter and
the parties in this case, and that the Court has jurisdiction to enter a judgment in this case.
At the conclusion of the evidence, the Court submitted the questions of fact in the case to
the jury. The charge of the Court and the verdict of the jury are incorporated for all purposes by
reference, and attached hereto as Exhibit 1. The Parties also entered into certain Stipulations of
Fact, which are incorporated for all purposed by reference, and attached hereto as Exhibit 2.
Following the verdict of the jury of December 18, 2014, Hempstead, CALH, Pintail
Landfill and Waller County filed a Joint Motion for Entry of Agreed Final Judgment. In said
Motion, the parties represent that they have reached a settlement agreement concerning the jury
verdict and the remaining legal and factual issues pending before the Court and have agreed to
the entry of final judgment.
Accordingly, the Court renders the following Agreed Final Judgment:
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Waller County
Ordinance No. 2013-001 is void.
IT IS FURTHER ORDERED that the Host Agreement between Waller County, Texas,
and Pintail Landfill, LLC is void.
IT IS FURTHER ORDERED that Plaintiff City of Hempstead have and recover from
Waller County attorneys' fees in the amount of Two Hundred Forty-Five Thousand Dollars and
no cents ($245,000).
IT IS FURTHER ORDERED that Plaintiff-Intervenor Citizens Against the Landfill in
Hempstead have and recover from Waller County attorneys' fees in the amount of Three
Hundred Twenty-Five Thousand Dollars and no cents ($325,000).
r~i' }.';/};ru·)j~~/
Agreed Final Judgment Page 2
\'OL 2 0 0 PG () I 3 9
jj -tJ-3 -c?/872-
IT IS FURTHER ORDERED that the total amount of the judgment rendered will bear
interest at a rate of Five Percent (5%) per annum from the date of this judgment until paid in full.
Pursuant to the terms of the parties' settlement agreement giving rise to this Agreed Final
Judgment, the parties do not present to this Court for adjudication, and this Court does not adjudicate,
any issue concerning any claim, defense, or assertion, whether one or more, that has been or may in
the futore be raised in any forum, regarding the validity of Waller County Ordinance No. 2011-001
and/or its applicability to (a) Texas Commission on Environmental Quality MSW Registration No.
40259 (Pintail Landfill Transfer Station), (b) Texas Commission on Environmental Quality MSW
Permit Application No. 2377 (Pintail Landfill), and/or (c) all or any part of the 410.37 acre facility
site described in such Registration and Permit Application.
All costs of court spent or incurred in this cause are to be borne by the party incurring
same. All writs and processes for the enforcement and collection of this judgment may issue as
necessary.
All other relief requested in the live pleadings of any party that is not specifically granted
is DENIED. This is a final judgment that disposes of all claims and parties.
SIGNED this~ day of U--,""2015.
Agreed Final Judgment Page 3
VOL 2 00 PG 0 I 40
AGREED AS TO FORM AND SUBSTANCE:
Art Pertile
Corey R. Ouslander James P. Allison
couslander@olsonllp.com J. Eric Magee
OLSON & OLSON, L.L.P. e.magee@allison-bass.com
Wortham Tower, Ste. 600 Allison, Bass & Associates, LLP
2727 Allen Parkway 402 W. 12th St.
Houston, Texas 77019 Austin, Texas 78701
Phone: (713) 533-3800 Phone: (512) 482-0701
Facsimile: (713)533-3888 Facsimile: (512)480-0902
AITORNEY OR CITY OF HEMPSTEAD ATTORNEYS FOR WALLER COUNTY
DEFENDANTS
By:J.~M~~
V. Blayre Peiia Brent Ryan
0
bpena@hslawmail.com bryan@msmtx.com
Hance Scaroorough McElroy, Sullivan, Miller,
400 W. 15th Street, Ste. 950 Weber & Olmstead, L.L.P.
Austin, Texas 78701 P.O. Box 12127
Phone:512-479-8888 Austin, Texas 78711
Fascimile: 512-482-6891 fax Phone: (512) 327-8111
Facsimile: (512)327-6566
Carol Chaney ATTORNEYS FOR PINTAIL LANDFILL, LLC
Cilrol.chaney@thechaneyfirm.net
Law Office of Carol A. Chaney
820 13th Street
P.O.Box966
Hempstead, TX 77445
Phone: (979) 826-6660
Fascimile: (979) 826-8989
A 1TORNEYS FoR INTERVENORS/CITIZENS
AGAINST LANDFILL
Agreed Final Judgment Page4
VOL 20 0PG 0 I Lf I
CAUSE NO. 13-03-21872
CITY OF HEMPSTEAD, Texas, § lN THE DISTRICT COURT OF •
Plaintiff §
§
And §
§
CITIZENS AGAJNST THE LANDFILL IN §
HEMPSTEAD, §
Plaintiff Intervenor §
§
v. § WALLER COUNTY, TEXAS
§
WALLER COUNTY, TEXAS, COUNTY §
JUDGBBLENN BBCKENDORFF, §
COMMISSIONERFRANKPOKLUDA, §
COMMISSIONERSTANKITZMAN, §
COMMISSIONER JER.ON B.AlU{BT, §
COMMISSIONER JOHN AMSLER, and § 506"' RJDICIAL DISTRICT
PINTAIL LANDFILL, L.L.C. §
Defendants. §
(';RARGE OF THE CQURT
MEMBERS OF THE JURY:
After closing arguments, you will go to the jury room to decide the case, IIIISWei the
questions that are attached, and reach a verdict You may discuss the case with other jurors only
when you are all together in the jury room.
This case Is submitted to you by asking questions about the facts, which you must decide
from the evidence you have heard in this trial. You are the solo judges of the credibility of the
willlcsscs and the weight to be given their testlmocy, but in llllllters of law, you must be
governed by the iDs\nJctions in this charge. In dlscbarging your respons!bllity on this jury, you
will observe all the instructions which have pmr!ously been given you. I sh8ll now give you
additlooal instructions wbieh you should carefully and strictly follow during your deliberations.
ReiMillber my previons Instructions: Do not discll8S the case with anyone else, either in
person or by any other means. Do not do any lndepondent investigation about the case or
conduct any resoarch. Do not look up any words in dictionaries or on the Internet. Do not post
infor:tf¥1tlon about the case on the Internet. Do not share any special knowledge or experiences
with the other jurors. Do not use your phone or any other electronic device during your
deliberations for any reason, without pmmission from the Court. When you enter the jury room
to deliberate, you must surrender your phone and any other electronic device.
VOL 2Q0i'G 0 l l} 2 I I
..........,
A:n:y notes you have taken are for your own personal use. Yau may take your notes back
into the jury room and comult them during deliberatiODS, but do nat show or read your notes to
your fellow jurors during your deliberations. Your notes are not evidence. Each of you should
rely on your independent recollection of the evidence and not be influenced by the fact that
another juror bas or bas not taken notes.
You must leave your notes with the bailiff when you are nat deliberating. I will make
sure your notes are kept in a safe, secure location and nat disclosed to anyone. After you
complete your dellberatiODB, the bailiff will collect your notes, unless you cboose to keep them.
When you are released from jury duty, the bailiff will promptly destroy yam note~, unless you
have retained them, so that no one oan read what you wrote.
Here are the instructions for answering the questions.
1. Do not let bias, prejudice or sympathy play any part in yom decision.
2. .Base your answers only on the evidence admitted in coW't and on the Jaw that is in
these instructions ao.d questions. Do not consider or discuss any evidence that was not admitted
in the comtroom..
3. You are to make up yom own minds about the facts. You are the sole judges of
the credibility of the witnesses and the weight to give their testimony. But on matters of law,
you must follow all of my instructiODS.
4. If my instruc1ions use a word in a way that is different from its ordinary meaning,
use the meaning I give you, which will be a proper legal defini1ion.
S. All the questions and answers are lm.portant. No one should say that any ques1ion
or aoswer is not important.
6. Answer "yes" or ''no" to all ques1iODS unleas you are told otherwise. A "yet'
answer must be based on a preponderance of the evideoce. Whenever a question iequlres an
answer other than "yes" or "no," your auswer must be based on a preponderance of the evidence.
The term ''preponderance of the evidence" means the greater weight of credible evideoce
presented in this case. If you do oot find that a preponderance of the evidence supports a "yes"
answer, thea aoswer "no." A preponderance of the evidence is not measured by the nurober of
witnesses or by the number of docuroents admitted in evidence. For a fact to be proved by a
preponderance of the evidence, you must find that the fact is more likely true than nat true.
A fact may be established by direct evidence or by circumstantial evidence or both. A
fact is established by direct evidence when proved by documentary evidence or by witnesses
who saw the act done or heard the words spoken. A fact ls established by circumstantial
evidence wheo it may be fairly and reasonably inferred from other facts }iroved
VOL 2 0 0 PG 0 l 43
7. Do not decide who you 1hink should wln before you answer the queslions and
then just answer the questions to match yo\11' decision. .Answer each question oarefully without
considering who will win Do not discuss or consider the effect your answers will have.
8. Do not answer questions by drawing straws or by any method of chance.
9. Do not trade your answers. For example, do not say, "I will answer thls queslion
your way if you answer another queslion my way."
10. The answers to the questions must be based on the decision of at least 10 of the 12
jurors. The same 10 jurors must agree on every answer. Do not agree to be bound by a vote of
anything less than 10 jurors, even if it would be a maJority.
All I have said before, if you do not follow these instructions, it will be juror misconduct,
and I migiit have to order a new trlal and start this process over again. This would waste your
time and the parties' money, and would require the taxpayers to pay for another trial, If a juror
breaks any of these rules, tell that person to stop, and if such juror fails to do so, report it to the
Court.
··••"·"n··· """"i"\ ·••••• . . . . . . . , .......
DEFINlTIONS & INSTRUcriONS
In answering the questlODS below, please follow these llefinitions and Instructions.
1. The term "Waller County" includes the Waller County Commissioners Court,
Judge Olenn Bt'Ckendorlf and Waller Co1lllty Commissioners Frank Pokluda, Stan Kitzman,
Jeron Bamett, and John Amsler.
2. Waller County is a governmental body.
3. All questions for the Juzy relate to the time period on 01 before February 13,2013.
4
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DEFINITIONS AND INSTRUcriONS FOR QUESTION NUMBERS 1. 2. 3, AND 4
1. A governmental body may consult with its attomey in executive session to discuss
the legal issues raised in connection with a proposed contract or a proposed ordinance, but it may
not dlsouss non-legal matters.
a. ''Non-legal matters" include but are not limited to: (1) merits of enacting
an ordinance; (2) merits of a proposed contract; (3) financial
considerations of a pcoposed contract; or (4) matters of public policy; or
(5) merits of an application.
b. Legal issues include advice given to Waller County regarding the legal
ramifications of facts and infOIIJllltion and the legality of a pcoposed
contract or pcoposed orcfulance.
2. "Deliberation" means a verbal exchange during a meeting between a quorum of a
governmental body, or between a quorum of a governmental body and another person,
conceming en issue within the jurisdiction of the governmental body or any public business.
3. "Meeting" means:
a. A deliberation between a quorum of a governmental body or between a
quorum of a governmental body and another person, during which public
business or public policy over which the govemmental body has
supervision or oonlrol is discussed or considered or during which the
govemmental body takes formal action, or
b. A gathering:
i That is conducted by the governmental body;
li. At which a quorum of members of the governmental body is
pteseut;
iii. That has been called by the governmental body, and;
iv. At which the mOlllbers receive lnfo.mllllion from, give lllfoiilllltion
to, ask questions of, or receive questions from any third person,
including an employee of the governmental body, about the public
business or public policy over which the governmental body has
supervision or control.
4. "Closed Meeting'' means a meeting to which the public does not have access.
5. "QuOrum" means a ma)ority of a governmental body.
6, A "walking quorum" occurs when members of a govemmental body gather in
numbers that do not physically oonst1tu1e a quorum at sny one time but who,
through successive gatherings, seoretly, and intentionally, discuss a public matter
with a quorum of that body at a place other than a posted meeting.
'":;' ·=-·~· . . -.. ·~··~\(
-~~_, ~HI....l\ l,,~o...'l'lf i
...
I
CiV:L ;"'iJi·~J-;·::-c: ........
5
QUESTION NUMJlER 1
Do you find that the Waller County CoiDIDissioDer's Court delibemted non-legal matters
relating to Ordinance 2013-001 in a closed meeting?
("Yes" or ''No'~
'
!
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.. .. ~··:• ..........,
OUESTIQNNUMBEB.2
Do you find tllat the Waller County Commissioner's Court deliberated non-legal matters
relat!Dg to the Host Agreement in a closed meeting?
Answer: ~ -€) ("Yes" or "No")
ViiL 200?G 0 j I~ 8
................ , ............ , ......... .
OUESTIONNUMBER3
Do you find that at least 1hree (3) members of the Waller County Commissioners Court
en~ in a walking quoiUID. related to the following items below?
(a) HostAgreement
(b) Ordinance 2013-901
'
W/:..._l~E1i CCU~1T't
8 CiViL K:Kl.iTC:S
..... , ' ' . '' '~) "' ••••••• '' ' , ,........ •- . •· I ""'\
OlJESTION NUMBER 4
"Negotiate" means to try to reach an agreement or compromise by discussion with others.
Do yon find tbat one or more members of the Waller County C.ommlssiouers Court acted
as a committee, authorized by at .least three (3) members of the COIIIJilissioners Court, to
negotiate the teims of the following items before presentation to the Waller County
Commissioners Court for a vote?
Answer ''Yes" or "No" for each of the following.
(a) Host Agreement Answer: -.-ZJ-+e,_SL-__ C'Yes" or "No")
(b) Ordinance 2013..001 Answer. ...,~,.q.::e"";;,____ (''Yes" or "No'~
9
VOL 2 0 0PG Qj 5Q
....... , ,,, ''''l ··.····•···•·• ................. ''1 '""I
. ~
If you answered ''yes" to Question Number 4(a) or 4(b), 2llSWer Question Number# 5,
otherwise, do not answer Question Number 5.
QUESTION NUMBER 5
Do you find that there were aey committee meetings held that were not open to the public
relating to the following?
(a) Host Agreement Answer:-4~~f5..L-_ _ ("Yes"or"No")
(b) Ordinance 2013-001 Answer: --,;g~e..ls ___ C'Yes" or "No")
I
10
VOL 20 0?u 0 j 5I
','',',''· .: .. w, ..... , .................................. .,,
I
If you answered "yelf' to Question Number 4(a) or 4(b), answer Question Number 6,
otherwise, do not answer Question Number 6 and proceed to Question Number 7.
JNSTRUCI'IONFOR QUESTION NUMBER. 6
A "robber stamp" occurs when a committee's reCOIIllllelldations are approved without
meaningful discussion.
QUESTION NUMBER 6
Do you find that tha Commissioners' vote a1 tha Febnlary 13, 2013 open meeting was a
rubber stamp of the following items?
(~) Host Agreement Answer: ...,B,loo\-tf;.;$).__ _ ("Yes" or "No")
(b) Ordinance 2013-001 Answer: _,c;=re"-s'---- (''Yes" or "No")
VOL 200PG 0 I 5 2
• ~······· • • • ,•, ' " · .. ' ' - .. ' . •J • . , ,......... , ·~,,.,.,., •• ' • •
,'','·''·"·
INSTRUCTION FOROUFSI'IONNVMBERS 7 THROUGH 9
Public wormation means infoxmation that Is written, produced, collected, assembled, or
maintained under a law or ordinance or in connection with the transaction of official business.
Public Information includes all documenta, regardless of physical form or chatacteristics, created
or received by Waller County in the transaction of public business. Public information includes,
but is not limited to, e-mails, text messages, and other electronic recordings.
Waller County Is required to preserve and manage its Public Information in accordance
with applicable rules and laws govemlng the destruction aD.d other disposition of state aD.d local
government records or Public Information.
Each Waller County Commissioner and the Waller County Judge is the officer for public
information aD.d the custodian of the infoiiiUltion created or·. received by that county
commissioners' office. Waller County or the elected county officer for information of that
elective county office may determine a time for which information that is not currently in Use
will be preserved, subject to aD.Y applicable rule or law governing the destruction and other
disposition of state and local government records or public information.
AJl an officer for public information, each Waller Coonty Commissioner or County
Judge is respollSible for the release of public information. Each Is required to: (1) make public
information available for public inspection and copying; (2) carefully protect public information
frolll deterioration, alteration, mutiUrtion, loss, or unlawful removal; aD.d (3) repair, renovate, or
rebind public information as necessary to maintain It properly.
Each officer for public information Is required to prominently display a sign containing
basic infacmation about the rights of a requestor, the responsibiliti.es ofa govemnten!al body, and
the procedurea for inspecting or obtaining a copy of public information. The officer shall display
the sign at one or more places in the edmlnistrative offices of the governmental body where it is
plainly visible to members of the public and employees of the governmen!al body whose duties
Include receiving or responding to requests under this chapter.
AJl officers for public information, Waller County Commissioners and the Waller County
Judge must promptly produce public information for inspection, duplication, or both upon
request by any person for public information: "Promptly" means as soon as poasible under tbe
circumstances, that Is, within a reasonable time, without delay. If an officer for public
information CaD.not produce public inforination for inspection or duplication within 10 business
days after the date the information is requested, the officer must certify that fact in writing to the
requestor and set a date and hcur within a reasonable time when the information will be available.
for inspection or duplication.
12
VDL 20 0?3 0 l 5 3
.......... , ..............., .... _ ..
QUESTION NUMBER 7
Do you iind that Collllty Judge Glenn Beckendorff failed to comply with any of the
following?
(a) Protecting public information from deterioration, elteJ:ation, mutilation, loss, or
unlawful removal;
(b) Displaying a sign containing basic iDfol'lll.ation about the rights of a requestor, the
responsibilities of a goVIllllmental bo.dy, and the procedures for inspecting or
ob)ainlng a copy of public information at one or more places in the admiJJistrative
offices of the goVIllllmental body where it is plainly visible to members of the public
and employees of the governmental body;
(c) Promptly producing public Information for inspection, duplication, or both upon
request by any person for public information;
(d) Certifying in writing to the requestor within 10 business days after the date the
information was requested, that public information requested could not be produced
for inspection or duplication;
(e) Notifying the requestor within 10 business days after the req)ltBt of a date end hour
within a reasonable time when the information would be available for inspection or
duplication to the requestor.
C'Yes" or "No'~
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' ' ........,........... ...... ,."'''' ........_.... ., ... '
01JESTIQNNUM8ER8
Do you find that Waller County Precinct Two Commissioner Fnmk Pokluda failed to
comply with any of the following?
(a) Protecting public infonnation from deterioration, alteration, mutilation, loss, or
unlawful removal; ·
(b) DlsplayiDg a sign containing basic information about the rights of a requestor, the
responsibilities of a governmental body, and the proo¢ures . for inspectiDg or
obtllining a copy of public lnform.ation at one or more places in the administrative
offices of the governmental body 'Where it is plainly visi.l>le to members of the public
and employees of the governmental body;
(c) PrompUy producing public information for inspection, duplication, or both upon
request by any person for public lnfotmation;
(d) Certifying in writing to the requestor within 10 business days after the date the
infoiiillltion was requested, that publi~ infonnation requested could not be produced
for inBpection or duplication;
(e) Notifying the requestor within 10 business days after the request of a date and hour
within a reasonable time Viben the information would be available for inspection or
duplication to the requestor.
Answer: ~.e:> ~'Yes" or ''No")
VOL 200P~ 0 I 55
' ''''" ,, ,,.,.~·-"'"•' . ,, ......,,,, ·•
OUE8TIQNNJIMBER 9
Do you find that Waller County Precinct Four Commissioner Stan Kitzman failed to comply with
any ofthe following?
(a) Protecting public lnfoiiD.ation from deterlotati.Oil, alteration, mutilaticm, loss, or
unlawful removal;
(b) Displaying a sign containing basic Information about the rights of a requestor, the
responsibilities of a govemtllCll1al body, and the procedures for inspecting or
obtainlng a copy of public infoiiD.ation at one or more places in the administrative
offices of tbe govemmental body Vihetc it Is plainly visible to members of the public
and employees of the governmental body;
(c) Promptly producing public lnfoiiD.ation for inspection, duplication, or both upon
request by any person for public Information;
(d) Certifying in writing to the requestor within 10 business days after the date the
Information was requested, that public Information requested could not be produced
for inspection or duplication;
(e) Notifying the requestor within 10 businesa days after the request of a dete and hour
within a reasonable time when the Information would be available for imlpection or
duplication to the requestor.
("Yes" or ''No")
15
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I
After you retire to the jury room. you will select your own presiding juror. The first thing
the presiding juror will do is to have this complete charge read aloud and then you will deliberate
upon your answers to the questions asked.
It Is the duty of the presiding juror-
1. to preside during your deliberations,
2. to see that your deliberations are conducted in an orderly manner and in
accordance with the instnlctions in this charge,
3. to write out and halld to the bai1lff any commllllications conceming the
case that you desire to have delivered to the judge,
4. to vote on the questions,
5. to write your answers to the questions in the spaces provided, and
6. to certify to your verdict in the apace provided for the presiding juror's
signature or to obtain the signatures of all the jurors who agree with the
verdict if your verdict is less than u:nanimous.
You shoUld not discuss the case with anyone, not even with other members of the jury,
unless all of you sre present and assembled in the jury room. ShoUld anyone attempt to talk to
you about the case before the verdict is retumed, whether at the courthouse, at your home, or
elsewhere, please inform the judge of this fact.
If you have a question, you must submit such question in writing to the Court. The
Presiding Juror must write out the question, sign same and hand the note to the Bailiff, who will
present it to the Couri. Do not discuss .the question with the Bailiff.
When you have answered all the questions you are required to answer under the
lnsttuctions of the judge and your presiding juror has placed your 8llBWml in the spaces provided
and signed the verdict as presiding juror or obtained the signatures, you will infann the bailiff at
the door of the jury room that you have resched a verdict, and then you will return into co
with your verdict
16
VDL 200P~ 0 I 5 7
··-· ______ ._,_, .. ..... ,.,.,_,_, ...... ....... ,.,,....
~, , ~·-·"· .....-· . ,., .... . . -,,,,.,,.,.......... " " ... ,, .., ':':"',\-· ""i
i
Certificate
. .
We, the jury, have answered the above and foregoing questions as herein Indicated, and
herewith retum same Into court as our verdict. c..--t'
(To be aigncd by the presiding juror ifthe~JS 1tnaplrnnus.)
vlftl' (;1 r
PRESIDING JUROR
Printed Nameof·~~uro~ O
(To be aigned by those rendering the verdict if the~ ·;,t lllllllllmous.)
Jurors' Printed Names
I
CWD-
§
v. §
§
WALLER COUNTY, TEXAS, ET. AL. §
Defendants. § 506TH JUDICIAL DlSTRlCT
JOINT MOTION FOR ENTRY OF AGREED FINAL JUDGMENT
Plaintiff City of Hempstead ("Hempstead"), Plaintiff-Intervenor Citizens Against the
Landfill in Hempstead ("CALH"), Defendant Pintail Landfill, LLC ("Pintail") and Defendant
Waller County, Texas; Glenn Beckendorff, in his official capacity as County Judge of Waller
County, Texas; John Amsler, Frank Pokluda, Jeron Barnett, and Stan Kitzman in their official
capacities as County Commissioner for Waller County, Texas, (collectively "Waller County''),
file this Agreed Joint Motion for Entry of Agreed Final Judgment.
1. On March 20, 2013, Hempstead filed suit against Waller County and Pintail for
injunctive and declaratory relief. CALH filed its petition in intervention on March 21,2013. On
April 11, 2014, Hempstead filed its Second Amended Petition for Declaratory and Injunctive
Relief and CALH filed its Second Amended Petition in Intervention.
2. Pintail filed cross-claims and counter-claims, which were subsequently non-suited
with the exception of Pintail's claim under the UDJA that Ordinance 2013-001 was valid.
Agreed Joint Motion for Entry of Agreed Final Judgment Page 1
3. After a trial on the merits, the Court submitted the case to the jury on December
18, 2014. The charge and verdict is attached hereto as Exhibit A, and fully incorporated by
reference.
4. On January 14, 2015, CALH filed its First Amended Motion to Enter Judgment
on the Verdict and First Amended Motion to Enter Judgment on Outstanding Issues of Law. On
January 15, 2015, Hempstead filed its First Amended Motion for Entry of Judgment. On January
16, 2015, Waller County and Pintail filed their Motions for Judgment Notwithstanding the
Verdict and Responses to CALH's and Hempstead's Motions to Enter Judgment on the Verdict
and Motions to Enter Judgment on Outstanding Issues of Law.
5. Subsequently, the Parties have entered into settlement negotiations and have
reached a settlement agreement for entry of an agreed final judgment, resolving all issues in this
lawsuit, except any claim, defense, or assertion, whether one or more, that has been or may in the
future be raised in any forum, regarding the validity of Waller County Ordioance No. 2011-001
and/or its applicability to (a) Texas Commission on Environmental Quality MSW Registration
NO. 40259 (Pintail Landfill Transfer Station), (b) Texas Commission on Environmental Quality
MSW Permit Application No. 2377 (Pintail Landfill), and/or (c) all or any part of the 410.37 acre
facility site described in such registration and permit application. The Parties request the Court
to enter the judgment attached hereto as Exhibit B.
6. All Parties agree to the proposed Agreed Final Judgment.
The Parties respectfully request that the Court grant their Joint Motion for Entry of
Agreed Final Judgment.
Agreed Joint Motion for Entry of Agreed Final Judgment Page 2
Respectfully subrni tted,
Art Fertile James P. Allison
Corey R. Ouslander J. Eric Magee
couslander@olsonllp.com e.magee@allison-bass.com
OLSON & OLSON, L.L.P. Allison, Bass & Associates, LLP
Wortham Tower, Ste. 600 402 W. 12th St.
2727 Allen Parkway Austin, Texas 78701
Houston, Texas 77019 Phone: (512) 482-0701
Phone: (713) 533-3800 Facsimile: (512)480-0902
::o•c;oz::=n
Facsimile: (713)533-3888 ATTORNEYS FOR WALLER COUNTY
DEFENDANTS
V. Blayre Pefia Brent Ryan
bpena@hslawmail.com bryan@msmtx.com
Hance Scarborough McElroy, Sullivan, Miller,
400 W. 15th Street, Ste. 950 Weber & Olmstead, L.L.P.
Austin, Texas 78701 P.O. Box 12127
Phone: 512-479-8888 Austin, Texas 78 711
Fascimile: 512-482-6891 fax Phone: (512) 327-8111
Facsimile: (512)327-6566
Carol Chaney ATTORNEYS FOR PINTAIL LANDFILL, LLC
Carol.chaney@thechaneyfirm.net
Law Office of Carol A. Chaney
820 13th Street
P.O.Box966
Hempstead, TX 77445
Phone: (979) 826-6660
Fascimile: (979) 826-8989
ATTORNEYS FOR INTERVENORS/CITIZENS
AGAINST LANDFILL
By(j~fl&
Agreed Joint Motion for Entry of Agreed Final Judgment Page 3
rJl~l '" r • ., '
KI 2 ;0 1O'Clock f M
PATRICIA JAMES SPADACHENE
I3YWALLE~ TEXAS
DEPUTY
CAUSE NO. 13-03-21872
CITY OF HEMPSTEAD, Texas, § IN THE DISTRICT COURT OF
Plaintiff §
§
And §
§
CITIZENS AGAJNST THE LANDFILL IN §
HEMPSTEAD, §
Plaintiff Intervenor §
§
v. § WALLER COUNTY, TEXAS
§
WALLER COUNTY, TEXAS, COUNTY §
JUDGE BLENN BECKENDORFF, §
COMMISSIONER FRANK POKLUDA, §
COlvi:MISSIONER STAN KITZMAN, §
COlvi:MISSIONER JERON BARNET, §
COlvi:MISSIONER JOHN AMSLER, and § 506th JUDICIAL DISTRICT
PINTAIL LANDFILL, L.L.C. §
Defendants. §
CHARGEOFTHECOURT
MEMBERS OF THE JURY:
After closing arguments, you will go to the jury room to decide the case, answer the
questions that are attached, and reach a verdict. You may discuss the case with other jurors only
when you are all together in the jury room.
This case is submitted to you by asking questions about the facts, which you must decide
from the evidence you have heard in this tdal. You are the sole judges of the credibility of the
witnesses and the weight to be given their testimony, but in matters of law, you must be
governed by the instructions in this charge. In discharging your responsibility on this jury, you
will observe all the instructions which have previously been given you. I shill now give you
additional instructions which you should carefully and stdctly follow during your deliberations.
Remember my previous instructions: Do not discuss the case with anyone else, either in
person or by any other means. Do not do any independent investigation about the case or
conduct any research. Do not look up any words in dictionaries or on the Internet. Do not post
information about the case on the Internet. Do not share any special knowledge or experiences
with the other jurors. Do not use your phone or any other electronic device during your
deh'berations for any reason, without permission from the Court. When you enter the jury room
to deliberate, you must surrender your phone and any other electronic device.
1
Any notes you have taken are for your own personal use. Yau may take your notes back
into the jury room and consult them during deliberations, but do not show or read your notes to
your fellow jurors during your deliberations. Your notes are not evidence. Each of you should
rely on your independent recollection of the evidence and not be in:tluenced by the fact that
another juror has or has not taken notes.
You must leave your notes with the bailiff when you are not deliberating. I will wake
sure your notes are kept in a safe, secure location and not disclosed to anyone. After you
complete your deliberations, the bailiff will collect your notes, unless you choose to keep them.
When you are released from jury duty, the bailiff will promptly destroy your noteo, unless you
have retained them, so that no one can read what you wrote.
Here are the instructions for answering the questions.
1. Do not let bias, prejudice or sympathy play any part in your decision.
2. Base your answers only on the evidence admitted .in court and on the law that is in
these instructions and questions. Do not consider or discuss any evidence that was not admitted
in the courtroom.
3. You are to make up your own minds about the facts. You are the sole judges of
the credibility of the wi1llesses and the weight to give their testimony. But on matters of law,
you must follow all of my instrurtions.
4. If my instructions use a word in a way that is different from its ordinary meaning,
use the meaning I give you, which will be a proper legal definition.
5. Ali the questions and answers are important. No one should say that any question
or answer is not important
6. Answer ''yes" or "no" to all questions unless you are told otherwise. A ''yes"
answer must be based on a preponderance of the evidence. Whenever a question requires an
answer other than ''yes" or "no," your answer must be based on a preponderance of the evidence.
The term "preponderance of the evidence" means the greater weight of credible evidence
presenied in this case. If yon do not fin.d tbat a preponderance of the evidence supports a "yes"
answer, then answer "no." A preponderance of the evidence is not measured by the number of
witnesses or by the number of documents admitted in evidence. For a fact to be ).li'OVed by a
preponderance of the evidence, you must find that the fact is more likely true than not true.
A fact may be established by direct evidence or by circumstantial evidence or both. A
fact is established by direct evidence when proved by documentary evidence or by wi1llesses
who saw the act done or heard the words spoken. A fact is established by circumstantial
evidence when it may be fairly and reasonably inferred from other facts proved.
2
7. Do not decide who you think should win before you answer the questions and
then just answer the questions to match your decision. Answer each question carefully without
considering who will win. Do not discuss or consider the effect your answers will have.
8. Do not answer questions by drawing straws or by any method of chance.
9, Do not trade your answers. For example, do not say, "I will answer this question
your way if you answer another question my way."
10. The answers to the questions must be based on the decision of at leastlO of the 12
jurors. The same 10 jurors must agree on every answer. Do not agree to be bound by a vote of
anything less than 10 jurors, even if it would be a majority.
As I have said before, if you do not follow these instructions, it will be juror misconduct,
and I might have to order a new trial and start this process over again. This would waste your
time and the parties' money, and would require the taxpayers to pay for another trial. If a juror
breaks any of these rules, tell that person to stop, and if such juror fails to do so, report it to the
Court.
3
DEFINITIONS & lNSTRUCfiONS
In a.tJBWering the questions below, please follow these definitions and instructions.
1. The term "Waller County" includes the Waller County Commissioners Court,
Judge Glenn Beckendorff and Waller County Commissioners Frank Pokluda, Stan Kitzman,
Jeron Barnett, ElJ1d John Amsler.
2. Waller County is a governmental body.
3. All questions for the Jury relate to the time period on or before February 13, 2013.
4
DEFINITIONS AND INSTRUCTIONS FOR QUESTION NUMBERS 1. 2, 3, AND 4
1, A governmental body may consult with its attorney in executive session to discuss
the legal issues raised in connection with a proposed contract or a proposed ordinance, but it may
not discuss non-legal matters.
a, "Non-legal matters" include but are not limited to: (1) merits of enacting
an ordinance; (2) merits of a proposed contract; (3) financial
coiJBiderations of a proposed contract; or (4) matters of public policy; or
(5) merits of an application.
b. Legal issues include advice given to Waller County regarding the legal
ramifications of facts and information and the legality of a proposed
contract or proposed ordinance.
2. "Deliberation" means a verbal exchange during a meeting between a quoru.m of a
governmental body, or between a quorum of a governmental body and another person,
concerning an issue within the jurisdiction of the governmental body or any public business.
3, "Meeting" means:
a A deliberation between a quorum of a governmental body or between a
quorum of a goverrmental body and another person, during which public
business or public policy over which the governmental body has
supervision or control is discussed or coiJBidered or during which the
governmental body takes formal action, or
b. A gathering:
i. That is conducted by the governmental body;
ii. At which a quorum of members of the governmental body is
present;
ill. That has been called by the gove=ental body, and;
iv. At which the members receive information from, give information
to, ask questions of, or receive questions from any third person,
including an employee of the governmental body, about the public
business or public policy over which the goverrmental body has
supervision or control.
4. "Closed Meeting" means a meeting to which the public does not have access.
5. "Quorum" means a majority of a gove=ental body,
6. A "walking quorum" occurs when members of a governmental body gather in
numbers that do not physically constitute a quorum at any one time but who,
through successive gatherings, secretly, and intentionally, discuss a public matter
with a quorum of that body at a place other than1 a posted meeting.,
5
QUESTION NUMBER 1
Do you find that the Waller County Commissioner's Court deliberated non-legal matters
relating to Ordinance 2013-001 in a closed meeting?
Answer: -==~~'"'e_S__ ("Yes" or "No")
6
QUESTION NIJMJIER 2
Do you find that the Waller County Commissioner's Court deliberated non-legal matters
relating to the Host Agreement in a closed meeting?
Answer: g-e) ("Yes" or ''No")
7
QUESTION NUM:BER 3
Do you find that at least three (3) members of tbe Waller County Commissioners Court
englljSed in a walking quorum related to tbe following items below?
(a) Host Agreement Answer:~ C'Yes" or"No")
(b) Ordinance 2013-001 Answer: 'Lie) ("Yes" or ''No")
Q
8
QUESTION NUMBER 4
"Negotiate" means to try to reach an agreement or compromise by discussion with others.
Do you find that one or more members of the Waller County C.omroissioners Court acted
as a committee, authorized by at least three (3) members of the Commissioners Court, to
negotiate the terms of the following items before presentation to tbe Waller County
Commissioners Court for a vote?
Answer ''Yes" or "No" for each of the following.
(a) Host Agreement Answer: .....,..j+e,..S<---- (''Yes" or ''No")
(b) Ordinance 2013-001 Answer: -,;;a~e__.~c:.___ (''Yes" or ''No")
9
If you answered "yes" to Question Number 4(a) or 4(b), answer Question Numberf 5,
~
otberwise, do not answer Question Number 5.
QUESTION NUMBER 5
Do you find tbat tbere were any committee meetings held that were not open to tbe public
relating to the following?
(a) Host Agreement Answer: _;~""-1'6"-<'--- ("Yes" or ''No")
(b) Ordinance 2013-001 A.nswe~: ___,;~~f?,.:tS___ ("Yes" or ''No")
10
If you answered "yes" to Question Number 4(a) or 4(b), answer Question Number 6,
otherwise, do not aoswer Question Number 6 and proceed to Question Number 7.
INSTRUCTION FOR QUESTION NUMBER 6
A "rubber stamp" occurs when a committee's reco=endations are approved without
meaningful discussion.
QUESTION NUMBER 6
Do you find that the Commissioners' vote at the February 13, 2013 open meeting was a
rubber stamp of the following items?
(a) FiostAgreement Answer: -B;i4'e<:...;l
5c___ _ _ c"Yes" or ''No")
(b) Ordinance 2013·001 Answer: --:1.-\:=l:-'f'-S-'----("Yes" or ''No")
(j
11
INSTRUCTION FOR QUESTION NUMBERS 7 TIIROUGH 9
Public information means info:rmation that is written, produced, collected, assembled, or
maintained uoder a law or ordinance or in connection with the transaction of official business.
Public Information includes all documents, regardless of physical form or characteristics, created
or received by Waller County in the transaction of public business. Public information includes,
but is not limited to, e-mails, text messages, and other electronic recordings.
Waller Couoty is required to preserve and manage its Public Information in accordance
with applicable rules and laws governing the destruction and other disposition of state and local
gove=ent records or Public Infonnation.
Each Waller Couoty Commissioner and the Waller County Judge is the officer for public
information and the custodian of the information created or received by that county
commissioners' office. Waller County or the elected couoty officer for information of that
elective county office may determine a time for which information that is not currently in Use
will be preserved, subject to any applicable rule or law governing the destruction and other
disposition of state and local gove=ent records or public information.
As an officer for public information, each Waller Couoty Commissioner or County
Judge is responsible for the release of public information. Each is required to: (1) make public
information available for public inspection and copying; (2) carefully protect public information
from deterioration, alteration, mutilation, loss, or unlawful removal; and (3) repair, renovate, or
rebind public information as necessary to maintain it properly.
Each officer for public information is required to prominently display a sign containing
basic information about the rights of a requestor, the responsibilities of a governmental body, and
the procedures for inspecting or obtaining a copy of public information. The officer shall display
the sign at one or more places in the administrative offices of the governmental body where it is
plainiy visible to members of the public and employees of the gove=ental body whose duties
include receiving or responding to requests under this chapter.
As officers for public information, Waller County Commissioners and the Waller County
Judge must promptly produce public information for inspection, duplication, or both upon
request by any person for public infonnation. "Promptly" means as soon as possible uoder the
circumstances, that is, within a reasonable time, without delay. If an officer for public
information cannot produce public inforination for inspection or duplication within 10 business
days after the date the information is requested, the officer must certify that fact in writing to the
requestor and set a date and hour within a reasonable time when the information will be available.
for inspection or duplication.
12
QUESTION NUMBER 7
Do you find that County Judge Glenn Beckendorff failed to comply with any of the
following?
(a) Protecting public information :from deterioration, alteration, mutilation, loss, or
unlawful removal;
(b) Displaying a sign containing basic information about the tights of a requestor, the
responsibilities of a governmental body, and the procedures for inspecting or
obtaining a copy of public information at one or more places in the administrative
offices of the governmental body where it is plainly visible to members of the public
and employees of the governmental body;
(c) Promptly producing public information for inspection, duplication, or both upon
request by any person for public information;
(d) Certifying in writing to the requestor within 10 business days after the date the
infonnation was requested, that public information requested could not be produced
for inspection or duplication;
(e) Notifying the requestor within 10 business days after the request of a date and hour
witbin a reasonable time when the information would be available for inspection or
duplication to the requestor.
Answer: ~ .e5
13
QUESTION NU:MBER 8
Do you find that Waller County Precinct Twa Commissioner Fraiik Polduda failed to
comply with any of the following?
(a) Protecting public information from deterioration, alteration, mutilation, l,oss, or
unlawful removal;
(b) Displaying a sign containing basic information about the rights of a requestor, the
responsibilities of a governmental body, and the proc~dures for inspecting or
obtaining a copy of public information at one or more places in the administrative
offices of the governmental body where it is plalnly visiple to members of the public
and employees of the governmental body;
(c) Promptly producing public information for inspection, duplication, or both upon
request by any person for public information;
(d) Certifying in writing to the requestor within 10 business days after the date the
information was requested, that public information requested could not be produced
for inspection or duplication;
(e) Notifying the requestor within 10 business days after the request of a date and hour
within a reasonable thne when the information would be available for inspection or
duplication to the requestor.
Answer: .......;8:,re.e,_,.)_ _ _ (''Yes" or ''No")
14
QUESTION NUMBER 9
Do you :find that Waller County Precinct Four Commissioner Stan Kitzman failed to comply with
any of the following?
(a) Protecting public information from deterioration, alteration, mutilation, loss, or
unlawful removal;
(b) Displaying a sign containing basic information about the rights of a requestor, the
responsibilities of a governmental body, and the procedures for inspecting or
obtaining a copy of public information at one or more places in the aclmini