On August 7, 2023, at the City Council meeting, an alarming ordinance was unveiled that could shake the very foundations of the freedoms we hold dear. City Attorney Jon Thatcher presented Ordinance No. O-2023-022, a seemingly innocuous “Citation Program,” with a sinister underbelly that threatens to weaponize our government against its own citizens.
Under the cloak of vague language, Thatcher’s proposal allows designated individuals to wield the authority of criminal citations. While he assured the council with direct statements that this ordinance would be confined to the Community Services and Public Works departments, the written text of the ordinance tells a different story. The deliberately ambiguous wording opens the floodgates for any department director to unleash this power. The main paragraph of the ordinance reads (emphasis added):
“In addition to any express authority provided in this Code, the director of the City departments including Community Services and Public Works may issue one or more citations to a person to appear in Municipal Court, if the director reasonably believes that the person has engaged in conduct that violates a law or ordinance that relates to the operations of the department for which the director is responsible as assigned by the City Manager.”
Section 1-16 b(1)
Nowhere in the ordinance is there any sort of exclusionary language to limit the ordinance to the two departments as portrayed by Jon Thatcher. However, at least some of the Council believed that there was.
Council Member Heather Buegeler’s casual remark during the meeting exposes the deception at play in real time – she acknowledged the change in the ordinance’s scope, echoing Thatcher’s false representation. “I would have approved this the last time”, she said. Tepid laughter ensued from the council after her remark. Her words mirror the depth of the issue at hand, where misdirection hides behind eloquent assurances.
An Inescapable Crisis
The Council’s unanimous approval of this proposal raises questions about their accountability. Their actions and explanations, while revealing their intentions, fail to justify the lack of scrutiny given to the ordinance’s language. Mayor Pro Tem Allen Robbins, Councilman Scott Kelley, Councilman Lance Megyesi, and Councilman Mark Harper each shared their perspective in response to our inquiry.
- Mayor Pro Tem Allen Robbins – “We currently have code enforcement and citation authority in building inspection, structure, construction, streets, animal control, fire, water and sewer but none for storm water. To enforce existing ordinances, I voted in favor to codify the enforcement/citation program to remain consistent across all departments and services. Nothing changes to existing ordinances, violations or penalties. Only the ordinance granting enforcement and citation to the experts in the field.”
- Councilman Scott Kelley – “Regarding my vote on item 6d: I supported this item as a way to streamline and speed up the process to address code enforcement issues. By allowing this process we can more quickly address issues like stormwater runoff that have impacted several areas in town recently, especially our older neighborhoods but also in our developments where corporate owners may be incented to not address issues timely. I am for having efficient processes to address issues that can create significant pain points for our homeowners and residents.”
- Councilman Lance Megyesi – “Ordinance 2023-022 will codify the delegation of such authority to code enforcement officers and will additionally authorize specific employees within the public works department to issue citations for violations limited to the City’s ordinances regulating the City’s stormwater management program.”
- Councilman Mark Harper – “My vote was yes. I voted yes because this is needed for the efficient operation of the city in the sewer and storm water area. I feel sufficient checks and balances are in the ordinance to provide the best service to residents without the ability to overreach authority.”
Mr. Robbins, later responded in a follow up email that he, “… read and understand all ordinances I vote on. No exceptions. Your assertion that I voted based on “verbal assurances” is completely wrong and without fact. My previous reply stands. The ability to safeguard our community and enforce existing ordinances with a citation program is needed”.
So this basically means that he completely understood that Mr. Thatcher was misrepresenting the language of the ordinance. As he failed to question Mr. Thatcher on his discrepancy, does this represent a level of collusion between the City Attorney and an Elected Councilman? One could only wonder what the legal implications of this might be.
The other explanations may be proof that they based their vote on false representations made by Mr. Thatcher. Indeed, one can only view the recorded video on the town’s website to see the misrepresentations made by Mr. Thatcher. You can view the video for yourself here: https://fatetx.new.swagit.com/videos/268576 The agenda item is 6D and the video begins at about 2:15:00 in the player.
The Crossroads We Face
This isn’t merely a case of miscommunication or misinterpretation; it’s an issue of the utmost importance for our community. Aside from Mr. Robbins, did the Council members genuinely overlook the language, or was their vote a result of more troubling collusion? We must ponder whether ignorance or collusion is the greater evil.
Furthermore, Mr. Thatcher’s response to our email inquiry was simply to send us a copy of the ordinance and direct our attention to the very paragraph that indicates the conflict between his statements and the written language. He completely, purposefully, ignored our request for his explanation regarding the contradiction between his statements and the ordinance’s language. The absence of a straightforward explanation raises pertinent questions about his intent or ignorance in this matter.
The lack of clarification by Mr. Thatcher fuels concerns that his veiled language and obfuscation were likely purposeful, leaving the community to grapple with uncertainty and unease. As a city, we deserve clarity, transparency, and accountability from those entrusted with our governance.
The truth is clear – Mr. Thatcher’s deliberate obfuscation demands action. Whether he intentionally misled the Council or incompetently drafted the ordinance, his role in this matter is untenable. He must be held accountable. Admonishment must also be given to the council by the citizens, for they have failed in their duty to vet the facts of what they are voting on.
The ordinance’s passage under false pretenses, if not to the Council itself, but most assuredly to the People, is an affront to the principles of honesty and transparency that our city deserves. If even a single Council member sees the deception, they must demand immediate repeal of the ordinance.
Preserving Our Community’s Integrity
The implications of this ordinance are dire. This ordinance is not limited to a single department or a specific violation, despite claims to the contrary. It opens the door to a future where any city director can wield the sword of citations against us. Imagine facing criminal charges for the slightest infraction, with escalating fines accruing daily that could spiral into the thousands. This isn’t the community we envision.
This isn’t about partisan politics or bureaucratic jargon. It’s about safeguarding the sanctity of our community and the freedom of its citizens. The weaponization of government against its own people is a harrowing reality we cannot ignore. Lest we forget, our elected leaders are supposed to represent the People, NOT the City. It’s not their job to put in an efficient, fast lane for city employees to persecute citizens.
It falls upon each of us to rise, unite, and demand accountability. Our voices, our unity, can be the catalyst for change. Let’s hold our leaders accountable, ensure transparency, and prevent the weaponization of our government against its citizens.
The choice is ours – to either allow deception and unchecked power to erode our community’s foundation or to stand strong and fight for the future we deserve.
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We only publish verifiable content. You may find the entire ordinance here: https://www.fatetx.gov/AgendaCenter/ViewFile/Item/10004?fileID=31083
You can find the video here: https://fatetx.new.swagit.com/videos/268576
Our email correspondence is documented and quoted, however it’s not conducive to publish them all in their entirety. We will however retain the records for litigation if it is ever required or if it is requested by a court of law.