Petition calls for investigation into Jacob's Well/Westridge land deal

Citizen requests for investigations are not that uncommon. In the last three years, and just in Central Texas, two County Judges, one County Attorney, and one City Attorney received complaints about members of a governing body

County Judge Bert Cobb/RoundUp

Editor's note: County Judge Bert Cobb is on record stating that the $1.7 million Jacob's Well/Westridge land deal was none of his doing – it all happened under the previous commissioners court. He even asked the previous court to delay it until the new court was seated. The old court nonetheless moved quickly to conclude the deal in December and authorized the court's special counsel and Assistant DA Mark Kennedy to sign the closing documents, bypassing then County Judge Liz Sumter. (Sumter refused to sign the paperwork, citing a lack of due diligence to ensure the County’s best interests were protected, and that it involved too much liability for the County.)

Cobb recently told the RoundUp, as the now sitting county judge, "it is not my venue" to call for an outside investigation. If not Cobb, then who? What are the odds that the Hays County DA's office would investigate a deal involving one of its own assistant DAs? Cobb's Chief of Staff Lon Shell, meanwhile, has spent considerable time reviewing the grant agreement and purchase contract. "We're sorting through it," Shell said recently. "Just because people are asking questions we want to have answers or at least try to find them. It is a confusing situation, that's our position."

Stories previously published in the RoundUp have revealed information that was not a part of the public discussion when this deal – with its many moving parts – was being negotiated and finally signed. Read these stories: County paid taxes in land purchase for Jacob's Well and Jacob's Well land deal may come with a million-dollar tax write off.

One of the parts still in motion, reportedly, is the county's interest in securing the rights to those 50-plus water taps and 6 million gallons of annual water usage attached to the former Westridge property (see first story above). Another is a mysterious IRS form reported to be floating around which, if signed by the county, would supposedly give Westridge a tax write off for donating a portion of the property to the county (see second story). A high ranking county official has privately acknowledged the existence of the form.

The unofficial review being done by Chief of Staff Shell may help answer some of the questions. But perhaps an outside, independent investigation is the only way to publicly clear the air in this overly complicated taxpayer-funded deal.

Click on image to enlarge

Click on this link to a petition you can sign to call for an investigation:

http://www.ipetitions.com/petition/investigate/

Send your comments and questions to roundup.editor@gmail.com, to Liz Sumter at tesumter@msn.com, to Judge Cobb at bert.cobb@co.hays.tx.us, to Lon Shell at lon.shell@co.hays.tx.us or click on the "comments" button at the bottom of the story

By Liz Sumter
Guest Commentary

I recently became aware of a petition asking for an independent investigation into the purchase of 50 acres known as the Jacobs Well/Westridge Joint Venture transaction.

The request is unusual in two ways. Typically, requests for an investigation come from a single individual or, at most, a small number of citizens. Additionally, the request is usually directed toward the District Attorney. A request in the form of a petition, and one that calls for an independent investigator, as opposed to the District Attorney, is rather unusual.

In this case, the call for an independent investigator would be an appropriate request because the transaction in question involved a high ranking individual in the District Attorneys Office. Citizen requests for investigations are not that uncommon. In the last three years, and just in Central Texas, two County Judges, one County Attorney, and one City Attorney received complaints about members of a governing body. In each case, the citizens asked for an investigation.

In one of those cases, and acting in my capacity as County Judge, I asked the District Attorney to investigate complaints alleging misuse of county equipment and funds when citizens voiced their concerns. In another case, the Comal County Judge asked for an investigation into an election matter. The Williamson County Attorney recently investigated misuse of county funds. And in the news today, the City Council in Austin is under investigation as a result of complaints alleging open meetings violations.

It is the duty and responsibility of the County Judge, as the presiding officer of the Commissioners Court, to protect the integrity of the Court. Among other things, that means making sure that any vote taken on any motion is followed by action that is consistent with what the members of the court and citizens understand the motion to be. That is why motions are painstakingly specific. There should be no room for interpretation.

If there appears to be any question about what is appropriate action, the Court should revisit the matter in open court. Further discussion in open court is the only way to clarify any ambiguity and to ensure that the public is aware of any clarification.

As I read the petition, citizens are asking for information about what they see as numerous questions surrounding the transaction. In my view, citizens have every right to do that.

As a citizen, who also once presided over Commissioners Court as County Judge, I will sign the petition.