Comments On Kemah Community Development Corp. Flyer
by Kemah Mayor Bill King - email message to Kemah Residents
April 13, 2005 
 
Ladies and Gentlemen 
 

I have received a number of calls/e-mails concerning a flyer on KCDC letterhead that was distributed in your last water bill.  The flyer set out some of the activities of the KCDC but also urged Kemah residents to vote against Proposition No. 1 which would state the residents' preference that 50% of the KCDC funds be devoted the construction and maintenance of streets and related infrastructure.  The principal concern expressed by several citizens centered on the propriety of KCDC officially taking a position on an election matter and whether any tax money was used to pay for a flyer that was attempting to persuade voters on the proposition.  I have looked into this matter briefly and can share the following with you.

At KCDC's March meeting, the Board passed a resolution to send out a letter citing the KCDC's accomplishments.  I did not attend the meeting; however, there is nothing in the minutes reflecting that the Board took any official position on Proposition No. 1.  Of course, each of the Board members has a right to express their opinion on Proposition No. 1, however, I think it is questionable whether the Board should taking a position as an official body.  At least one Board member has told me that she did not authorize the use of her name and never understood that the letter would be an electioneering piece.  I have not polled the other members of the Board as to whether they intended the letter to specific take a position on Proposition No. 1 so one should probably not presume that merely because each directors' name appears on the letter that the letter reflects that person's position.  I have visited with the KCDC president and I think we are clear that in the future, that the KCDC Board should not, as an official action, take any position on election matters.

Three of the complaints that I received asked whether tax money had been used to distribute the flyer.  It clearly would be improper and a violation of the Texas election laws for any electioneering material to be distributed at taxpayer expense.  I determined that the flyer was printed at Office Depot on the City's account.  However, when I called to the KCDC president's attention that it would be improper to use city funds for a political mailing, one or more of the Board members agreed to reimburse the City.  I have also visited with the City staff about reviewing materials for potential political content prior to allowing any duplication charges to be made on City accounts.  I am confident that this will not occur again.

Obviously, the letter was mailed by WCID No. 12 in connection with their monthly water bills.  While I have my own private opinions, I do not think it is my place to address the propriety of WCID No. 12 including political material in a mailing made at taxpayer expense.  I understand that this incident has caused the WCID No. 12 to undertake a review of its policies with regard to what types of material will be included in the water bills in the future.

I also understand that that, at least, one complaint has been filed with the Texas Ethics Commission regarding this mailer.  Should the Commission undertake an investigation; the City of Kemah will cooperate fully.

I believe that the individuals who initiated this mailing had good intentions and were attempting to legitimately share their views with the rest of the community.  Unfortunately, the best judgment was not used in the manner in which this communication was carried out.