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Thursday, May 27, 2010

HTGCD Board member's use of District information raises conflict question


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Greg Nesbitt, a member of the board of the Hays Trinity Groundwater Conservation District (District 2-Dripping Springs area), says he has installed septic systems on properties that have well registrations on file with the District.

Nesbitt, at far left, with the old District Board
"I have requested information on who's putting in wells. I want to see what's going on. I have done work for them, septic," Nesbitt said.

The RoundUp asked Mr. Nesbitt about his use of District information at last week's (May 19) District Board meeting in Dripping Springs, at which three new board members were installed. Nesbitt owns a swimming pool construction company and another business that does excavation work, septic and rainwater system installations, according to the groundwater district's web site.

Nesbitt is completing the first year of his first term on the HTGCD Board. His position will be up for election next May, 2011.

Nesbitt in the past reportedly had asked a District staff member to send all well registrations to him "so I can put their septic in." His request was viewed with alarm as it quickly raised concerns of a conflict of interest for the Board and the District. Nesbitt ultimately was asked to make his requests for District records through the normal public information request procedure.

"I guess I'd have to talk to Greg and see what he's doing," said new District Board president Jimmy Skipton (District 1-Henly/Dripping Springs) when asked for his assessment of Nesbitt's use of District information. "I know he's in the septic business," Skipton said. "I'm okay with anybody getting records, that's normal, but using those records for something else, is there a conflict there?"

Nesbitt's pool business, Glen Rose Pools LLC, has an "A-" rating in the Better Business Bureau's online web site, here. More information about Nesbitt's Black River Services company can be found at Nesbitt's LinkedIn business profile here. We're really curious about the "Hooters Athletic Club" that Nesbitt has listed under "Greg Nesbitt's Education, Activities and Societies," along with Texas A&M University, BS, Engineering Technology, 1980-82.

20 comments:

Anonymous said...

So are we now going to have a year of yellow journalism because of sour grapes over the Backus loss?

RoundUp claims a request was "viewed with alarm". Really? Who viewed the request 'with alarm'? Perhaps an alarmist? Talk about the pot calling the kettle black.

Anyone can ask for 'the records'. Maybe I can alarm someone by saying "just cuz" while asking.

Anonymous said...

Request for open records need NO reason as a matter of fact the providing agency cannot ask why someone is requesting something. I do not like a board member doing this as I feel he is using his position to try and be the water police and not create policy.

Anonymous said...

What, are you kidding? Nesbitt looks like he's in there to get as much business as he can from the district. They call it insider trading on Wall Street. Somebody needs to call the SEC. Skipton should inform himself of the standard SOP regarding ethics and conflicts of interest. I know this is a po-dunk county and water district but anybody with brains should know conflict of interest when they see it.

Save our groundwater said...

All the district needs now are a couple of well drillers on the board to round out the insider pilfering of the district and our aquifer. I will be expecting Mark Key to temporarily fill that role.

Anonymous said...

Anon #1, how does this have anything to do with Backus losing.

It does have to do with what is going on with the HTGCD and how business is being conducted by the members, in this case it is Nesbitt.

Why don't you get over the election? It's in the history books. How Nesbitt is conducting himself is important no matter who you have voted for.

Anonymous said...

Nesbitt should resign if one of his aims by being on the board is to increase his personal business.

Anonymous said...

Greg Nesbitt has been on the board for over a year now, so why all the fuss and accusations now? Don’t tell me it is not because the liberal Backus and one of his picks were defeated. This has everything to do with the change in direction that the new board is believed to be taking. Greg has been the closest thing to a moderate the board has had in the last year. Don’t tell me the grapes aren’t sour.

David Baker and Joan Jernigan are the two liberal members but the two new members, Jimmy Skipton and Mark Kay are not really knee jerk conservatives as many would like you to believe.

David Baker is more of a water hugger and has already been at work yesterday trying to create doubt and suspicion by forcing the board into an unnecessary executive session. This was simply to create the appearance of secret meetings by the new board. The new President Jimmy Skipton didn’t want to go into executive session but deferred to David Baker’s experience and knowledge. I think he won’t do that again.

Joan Jernigan is, well, I’m not sure as she has not seemed connected to the business at hand except for education and voting against the majority. I think most of you are in for a surprise as the new board gets settled in. I think the prophets of doom were wrong and will have a crow sandwich on their menus very soon.

Save our groundwater said...

I don't care if Nesbitt is the second coming of Jesus Christ, he should at least recuse himself from all votes related to the granting of new well permits, since it looks like the business he owns can benefit financially from permit approval. Looks like it has happened already. He will always have a leg up on the competition as long he is sitting on the board by knowing what permit applications are in the pipeline. Make no mistake, this is a big CONFLICT OF INTEREST with bright red flashing lights! If Gregg gets away with this, there's no telling how much bending of the ethics rules and oath of office this board will allow in the future.

Save our groundwater said...

From the Texas Ethics Commission, Guide to Ethics Laws for State Officers and Employees (Nesbitt is a state officer by virtue of his sitting on the board of a state political subdivision -- "Part I. Standards of Conduct and Conflict of Interest, The "Should Nots" -- If a board member has a private or personal interest in a measure, proposal, or decision pending before the board, the board member must disclose that fact to the rest of the board in an open meeting and must refrain from voting or otherwise participating in the matter. Gov't Code/572.058." The HTGCD Board should insist on all board members making such disclosures for all votes at all meetings.

Anonymous said...

Save our groundwater, If you are so damn sure, why don’t you file a complaint against Greg Nesbitt with the Texas Ethics commission? It doesn’t cost anything. Go ahead and put up or shut up. You probably won’t do either. I guess we’ll see just how sure you are.

IC_deLight said...

To Save "our" groundwater:

Exactly what is the conflict you are ginning up? Look up the definition of "alarmist" - you fit the definition.

As to Anonymous #4, get a grip. The election IS over but some are still living in the past. Anonymous #6 got it correct. Have some crow with that sour grape whine?

Anonymous said...

I would tell you that ANYbody can ask for the records of the wells being approved, whether Greg or any other swimming pool, septic, etc. installer, that is in the business.

Greg can no more have a leg up on someone other than he is there when the well gets permitted, and he needs to follow protocol and through the open records process request a list of the well permits approved. Then he has to go through the process of contacting the homeowner to see if he can provide them with a service. More often than not, by the time the well permit is applied for the septic installer has already been chosen.

Nothing here to see other than maybe Greg needing to follow procedure for acquiring public information like anyone else would have to do.

Anonymous said...

Some of you commenters must be in total denial or just plain stupid. If Nesbitt's private business will benefit from decisions he makes as a member of the board of the HTGCD, the law clearly states that he should say so publicly during open session of a board meeting and recuse himself from voting. This looks like a pretty clear cut case of conflict of interest to me. The board, by their oaths of office, must ensure that the Constitution and the laws of the state are faithfully executed. Am I missing something here?

Bubba Weiss said...

Of course Nesbitt is in the position for the insider information. Who are all these incredulous yahoo responders kidding?

This is Texas, man. It's all about patronage and nepotism. Quit lying to yourselves.

Anonymous said...

Okay, for the record Anon # 9 is a nimrod. You clear up all doubt when you open your mouth, or when you type words. Let's see - does Greg's business profit from the decisions he makes as a board member of the Groundwater District (i.e., approving wells)? No. Why? Duh, because he is not in the WELL DRILLING BUSINESS, doofus.

Okay, let's review again what business that Greg is in - SWIMMING POOLS AND SEPTIC SYSTEMS. What decisions does he make as a GROUNDWATER COMMISSIONER can he PROFIT from?

Now, it is evident to all who read this fine piece of fishwrap that you are obviously a disciple of Charles O'Dell. But please if you must write, please do so with clarity and clear train of thought.

Leave guys like Greg alone who do their duty by approving projects when they meet the rules by which they measure them; and like ANYONE ELSE (INCLUDING YOU) CAN ASK FOR OPEN RECORDS AS TO LOCATION OF THE NEW WELLS.

The business of approving wells has nothing to do with the business Greg is in. Man are you dense or what!?! (I wrote this since you are so stupid, you will write something ignorant. I just want to preempt your stupidity.)

Charles O'Dell said...

“Okay, let's review again what business that Greg is in - SWIMMING POOLS AND SEPTIC SYSTEMS. What decisions does he make as a GROUNDWATER COMMISSIONER can he PROFIT from?”

I’m assuming the Anonymous who wrote this is Jon Cobb. Lack of civility and know-it-all attitude are two good clues.

The first question to be asked is why anyone would run for a public office that pays no salary but requires substantial time and hard work, and the only priority is the public interest?

Having been elected to the HTGCD board, its fair to say that Greg is now an insider of this governmental agency and has special authority and access. For example, Greg is authorized to attend executive sessions where sensitive matters are viewed beyond the public eye.

Why would Greg use his insider position to first ask staff to spend official time providing him with public information that he might use to further his own business interests? These are staff who are paid with public money that Mark Key and Jimmy Skipton both campaigned was being badly used by the former insiders. I don’t believe they meant Greg Nesbit.

And when staff felt uncomfortable with having a different set of rules for the public (open record requests), and for an insider (provide the information without creating a record), they rightfully baulked and asked the insider (Greg Nesbitt) to follow the rules.

But that’s not what bothers most folks. It’s the spectacle of finding out that an official who was elected to a position of public trust was using that position for profit. Greg obviously didn’t want it known that AFTER being elected he was requesting information that he used to further his business. Greg could have made periodic open records for this information BEFORE he was elected to public office, but he didn’t.

Only after being elected, Greg discovered an opportunity to gain advantage over his swimming pool and septic installer competitors by quietly using information he encountered in the conduct of his official public duties.

For those who would argue that anything goes if it involves a profit, my response is they don’t understand the meaning of public trust and ethical behavior.

Will we now have to watch Skipton and Key to ensure they don’t abuse their positions of public authority for personal gain? We know that Greg has already made his decision to use his position of public trust for personal gain.

Ethical behavior goes well beyond the law.

I care said...

Mr. O’dell, you said;

“The first question to be asked is why anyone would run for a public office that pays no salary but requires substantial time and hard work, and the only priority is the public interest?”

It’s called public service, Charles! Your little blurb here confirms what Anon #11 said;

”Now, it is evident to all who read this fine piece of fishwrap that you are obviously a disciple of Charles O'Dell.”

Greg has for some reason become the target of your wrath even though he has already been on the board for a little over a year. I guess you had to attack someone and since the new members haven’t had time to sit down, you can’t make something up about them, so Greg is IT. Cheap Shots!

In the last HTGCD meeting, (You weren’t there) it wasn’t Greg that forced and unnecessary executive session; it was your darling, David baker. God only knoes what secret stuff was discussed. You want us to keep and eye on Greg, Jimmy and Mark, how about the other two, David and Joan? Joan is a developer and bragged about her new development during the campaign when she couldn’t think of anything else to say. She could profit from the alleged secret information of the Board.

You know the liberals were worried that the new conservative members would come in and sink the good ship HTGCD. Now it looks like you, Charles and the other antagonists will be the ones to do that. What is your agenda, Charles?

Jon Cobb said...

Mr. O' Dell,
When have I ever exhibited "lack-of -civility" or "know-it-all attitude"? I take great offense to your accusations. You should know better than to accuse a private citizen of posting an anonymous statement.
EVERYONE that knows me knows that I don't ever hide behind "anonymous". If I have something to say, I say it.
I have always been kind and professional to you. Why would you return that by being so rude.
As always, you can call me anytime for an "on the record" comment. But please, don't make statements about me in a public forum.

Jon Cobb
Roundup Loyalist
Conservationist
Open book

Charles O'Dell said...

To John Cobb:
I wrote: “I’m assuming the Anonymous who wrote this is Jon Cobb. Lack of civility and know-it-all attitude are two good clues.”

Even though I personally believed that you wrote the anonymous comment referenced above, it was uncharitable of me to make my belief public because whoever wrote the comment cannot be determined, and I take you at your word that you do not post anonymously.

And so I publicly apologize to you for posting those two sentences. It was more than just rude of me to make such a statement. It was unprofessional and unethical, and I thank you for taking me to task. It won’t happen again.

I’ve never claimed to be without fault and I strive to always exercise ethical behavior. I hope you accept my sincere public apology.

Jon Cobb said...

Mr. O'Dell
Thank you. I accept your apology. While I have been emotional in my articulation of my position as it relates to the HTGD (maybe too much so), I take great offense to being branded a "water waster".
I was raised in Hays County. I care about our resources. Just imagine a scenario where a board accuses someone of such a serious offense without even a site visit.
To add insult to injury, the HTGD office is in a business center without a permitted well. Thats right, those hypocrites rent office space from someone who is in CLEAR violation of their rules.
When they clean their yard, they can help me with mine.
Jon Cobb