The following list is a collection of all potential lawsuits and liability issues facing the City of Sandy Oaks and other major entities within the city. The range of dates mostly begin during the incorporation of the city, but there are a few legal issues that go back for at least a decade.
Texas Open Meetings Act Violations
August 16, 2014 – meeting without announcing the meeting or agenda to the public
At the very first City Council meeting it was brought up by a citizen that the notice for the meeting was posted on the WPPOA clubhouse door, which was located within a locked park that only WPPOA members had a key to. The posting was the habit of Mayor Jim Clement, who had previously been WPPOA president and posted meeting notices for the WPPOA in the same location. Clement claimed he also posted the notice at a corner store called Jack’s Corner Store, but there was no evidence of such a posting and no one could confirm. The City Council voted on whether or not to continue the meeting (3-2), and everyone stayed. At a later time, the owner of Jack’s Corner Store said no agenda had been posted at his store.
Evidence: Official meeting minutes
Involves: Jim Clement, Earnest Gay, Douglas Tomasini, David Tremblay, Joel Ortega, Micki L. Ball, Art Martinez de Vara
December 11, 2014 – meeting in location where citizens are banned
During a City Council meeting, the Council was informed that citizens in the community were banned from accessing the Waterwood clubhouse, the same location as City Council meetings. At that point the clubhouse was owned by the Waterwood Development Corporation and the City had never signed an agreement to use the facilities April 9, 2015 was when the City Council accepted an agreement with WPPOA (after ownership apparently changed hands from the developer to the POA) to use the WPPOA clubhouse. When the City Council heard that citizens were banned from accessing the property and the meeting, they continued the meeting anyway.
Evidence: Meeting minutes and audio recording
Involves: Jim Clement, Earnest Gay, Douglas Tomasini, David Tremblay, Joel Ortega, Micki L. Ball, Art Martinez de Vara
December 15, 2014 – Meeting in location where citizens are banned
City Council meet again at the WPPOA clubhouse, knowing that citizens are banned from the meeting location by the owner of the property. Only 2 audience members attended the meeting, James Davis of Sandy Oaks News and Sally Martinez, mother of city attorney Martinez de Vara.
Davis later contacted Alderman Micki Ball about the fact that people were banned from accessing the meeting location. Ball responded that she never saw anyone taking people’s names [to report them].
Evidence: Meeting minutes of December 11 meeting, audio recording, emails from Micki L. Ball
Involves: Jim Clement, Douglas Tomasini, David Tremblay, Joel Ortega, Micki L. Ball, Art Martinez de Vara
April 27, 2015 – Item discussed and voted on not on agenda
Meeting agenda describes deciding on Mayor Clement’s nomination for City Attorney. Clement nominates only Martinez de Vara and the Council votes against it. However, the City Council discusses and considers other law firms and chooses the Kassahn and Ortiz law firm. The item of the City Council discussing and considering a nominee other than the Mayor’s was not on the agenda.
Evidence: Meeting minutes, meeting agenda, audio recording
Involves: Jim Clement, Earnest Gay, Douglas Tomasini, David Tremblay, Joel Ortega, Micki L. Ball,
May 14, 2015 – Item discussed not on agenda
City Council violates TOMA when Mayor Clement invites a representative from an engineering company to speak to the Council without placing the topic on the agenda. Clement attempts to hide the mistake by having the man speak in the “Citizens to Be Heard” segment, but gives the man more time to speak than other citizens are allowed. Mayor Clement, Alderman David Tremblay, and Alderman Earnest Gay hold a conversation with the representative.
Evidence: Meeting minutes, video recording
Involves: Jim Clement, Earnest Gay, Douglas Tomasini, David Tremblay, Joel Ortega (?)
June 11, 2015 – Decision made outside of meeting
At the illegal City Council meeting on December 15, 2014, the City Council approved Jesse Gutierrez to be the City Marshal so long as he passed a background check. The original agenda for the June 11 meeting mentions that Jesse Gutierrez doesn’t need a background check because he is already a law enforcement officer in another jurisdiction. The new (and final) agenda for the June 11 meeting, however, simply states that Gutierrez would be sworn in. If the city never received a background check, then the decision to swear Gutierrez in without a background check was made outside of an open meeting. The meeting included no discussion on the issue of whether or not the city government received the background check.
Evidence: Meeting minutes of December 15, 2014, city ordinance, Agenda and minutes of June 11th meeting, original agenda for June 11th, audio recording
Involves: Earnest Gay, Douglas Tomasini, David Tremblay, Joel Ortega, Micki L. Ball. (Names on agenda item were Ball and Tremblay)
June 11, 2015 – Hiring of tax attorney (double check)
City Council violated TOMA by taking action on having the City Attorney to draft paperwork for the hiring of Linebarger, Goggan, Blair, & Sampson LLP law firm even though the item is not on the agenda. The original agenda item was only to discuss the required Tax Assessor Collector documents.
Evidence: Audio recording, meeting minutes/agenda
Involves: Earnest Gay, Douglas Tomasini, David Tremblay, Joel Ortega (?), Micki L. Ball, Kassahn and Ortiz law firm
August 13, 2015 – Holding meetings 8 miles outside of city limits
City Council began holding meetings 8 miles outside the city limits at the Braunig Lake RV Resort. TOMA requires that meetings be accessible to the public. At the time, the City Council was under the impression that the entire city had a poverty rate of 52% as evident from their application to the CDBG grant which required 51% or more. A meeting 8 miles outside of an affluent city such as Alamo Heights may not be inaccessible to its citizenry, however, a meeting 8 miles away from an impoverished community may be considered not accessible, and therefore a violation of TOMA.
NOTE: If holding meetings 8 miles outside of the city limits does violate TOMA, then every City Council meeting between August 13, 2015 and August 2016 was a violation of TOMA.
Evidence: Meeting agenda/minutes
Involves: Earnest Gay, Douglas Tomasini, David Tremblay, Micki L. Ball, Kassahn and Ortiz law firm
August 13, 2015 – Item discussed not on agenda
City Council discussed a CAFR audit, an item not on the agenda.
Evidence: Audio recording
Involves: Earnest Gay, Douglas Tomasini, David Tremblay, Micki L. Ball, Kassahn and Ortiz law firm
September 2, 2015 – Illegal Budget Hearing (found in other areas of list)
The City Council held a Budget Hearing 8 miles outside of city limits. However, the location of the meeting was changed to a different building approximately 100 yards away from the originally announced location. There was no notice given that the location was changed and no signs were posted. Anyone who followed the direction of the agenda would have found an empty building with no meeting.
Evidence: Minutes, audio recording, recorded eye witness
Involves: Earnest Gay, Douglas Tomasini, David Tremblay, Micki L. Ball, Kassahn and Ortiz law firm
January 14, 2016 – Item discussed not on agenda
City Council discussed the transfer of police vehicles, an item not on the agenda.
Evidence: Recording
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
February 11, 2016 – Mayor Ball slanders citizen, item not on agenda
Mayor Ball used a City Council meeting to slander a citizen in a character assassination attempt. She falsely accused Cathleen Recio of claiming to be a board member and/or City Council member. The original agenda item was supposed to be about trash collection services, but Ball spoke to the audience instead about Recio and told the audience members what was “acceptable” behavior.
Evidence: Recording
Involves: Micki L. Ball, Kassahn and Ortiz law firm
March 10, 2016 – Location of city meeting not announced
City Council held a meeting without announcing the place of the meeting. The location listed on the agenda was the “Braunig RV Lake Resort meeting hall”, but the City Council instead met in a different building approximately 100 yards away. No sign was posted at the original location and anyone who followed what the agenda stated would have found an empty building.
Evidence: Meeting agenda, pictures of location
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
March 10, 2016 – Special access to executive session for only select citizens
City Council conducted a closed/executive session, and forced all audience members out of the room. Mayor Ball then asked City Marshal Jesse Gutierrez to attend the private meeting. The announced purpose for the closed meeting did not include reasons for Gutierrez to be there and Gutierrez later stated he wasn’t sure why they asked him in because he wasn’t needed. The Marshal’s wife, Heather Leal, also attended the private meeting for a 5 minute period and had a discussion with City Council members.
NOTE: This TOMA violation occurred at a meeting whose location was not announce to the public 72 hours in advance.
Evidence: Audio recording
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
March 10, 2016 – Executive session started without announcing it in an open meeting
City Council called an executive session in an open meeting. However, they decided to take a recess while in the executive session. The Council members then began the executive session again without announcing it to the original audience members, who were still being forced to wait outside. During the break, Council members could be seen discussing something with each other, all while citizens were still expected to wait outside.
NOTE: This TOMA violation occurred at a meeting whose location was not announce to the public 72 hours in advance.
Evidence: Audio recording
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
March 30, 2016
City Council held a meeting without announcing the place of the meeting.
Evidence: No location listed on meeting agenda.
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
April 13, 2016
City Council held a meeting without announcing the place of the meeting.
Evidence: No location listed on meeting agenda.
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
May 12, 2016
City Council held a meeting without announcing the place of the meeting.
Evidence: No location listed on meeting agenda.
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
After discussing the meeting agenda with a volunteer attorney for the Freedom of Information Foundation of Texas, Sandy Oaks News contacted each City Council member individually via email before the May 26th meeting to point out that the meeting agenda was not specific enough to comply with TOMA because it did not list the actual location of where the meeting would be taking place. The City Council held the meeting anyway.
Evidence: Emails to and from Council members, and no location listed on meeting agenda.
Involves: David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
City Council held a meeting without announcing the place of the meeting.
Evidence: No location listed on meeting agenda.
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
City Council held a meeting without announcing the place of the meeting.
Evidence: No location listed on meeting agenda.
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
City Council held a meeting without announcing the place of the meeting; violates TOMA
Evidence: No location listed on meeting agenda.
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
Using TOMA Against Citizens
Members of the Sandy Oaks City Council have used the Texas Open Meetings Act against citizens in an attempt to keep information from them.
Spring 2014 – Using TOMA to keep expenses secret
___ Alderman Micki L. Ball was asked how much the City Attorney, Art Martinez de Vara, was being paid. When the City Council hired him in August of 2014 they refused to state how much they were paying him. In answer to the question, Ball responded that his pay was discussed in a closed/executive session and that by law (referencing TOMA) she couldn’t discuss the information. When asked to provide the exact law that stated this she responded that people should do their own research.
Evidence: Audio recording
Involves: Micki L. Ball
(MDV also told people that the CC couldn’t answer questions)
_____Telling citizens they cannot ask questions during city council meetings
(FOIFT confirmed)
(need dates and instances)
PIA Violations
February 12, 2015 -Open Records Request ignored
Every Member of the City Council was handed an Open Records Request by Don Hormachea asking how much the city was in debt. No one responded to the request.
Evidence: Audio recording
Involved: Jim Clement, Earnest Gay, Douglas Tomasini, David Tremblay, Joel Ortega, Micki L. Ball
Misuse of Municipal Funds/Budget Law Violations
The budget for the 2014 Budget Hearing was made by Art Martinez de Vara, the Sandy Oaks City Attorney and Mayor of Von Ormy. When Sandy Oaks Mayor Jim Clement was asked who made the budget he pointed at Martinez de Vara and said “He did” (Available on audio).
Evidence: Audio recording
Involves: Jim Clement, Art Martinez de Vara
September 2, 2015 – Budget doesn’t meet basic legal requirements
Mayor Pro Tem Earnest Gay created a budget that violates Texas Local Government Code 102.
None of the other City Council members questioned the legality of the budget before audience members in the budget hearing started to express issue with it.
Evidence: Original proposed budget, audio recording
Involves: Earnest Gay, Micki L. Ball, Douglas Tomasini, David Temblay, Kassahn and Ortiz law firm
____2016 – Budget does not meet basic legal requirements
Mayor Micki Ball created a budget that violates Texas Local Government Code 102.
Involves: Micki L. Ball
_____rabe… – Paying a volunteer/never posting employee job publicly
On November 13, 2014 the City Council approved Charlotte Rabe to be the City Clerk on a volunteer basis. She had previously been apart of the WPPOA, CISO, and was the treasurer of SOPAC, which comprised 2/3 of the Council. On ____ the City Council voted unanimously to begin paying Rabe and even voted to pay her for time already spent doing City Clerk duties for 2016. When City Attorney Casandra Ortiz began to object that she needed to be hired, Mayor Pro Tem David Tremblay stopped her and explained that they had already approved a salary in the budget for this purpose and Ortiz relented. The City of Sandy Oaks never posted the job and never asked for applications for the position that was to receive payment. The ordinance hiring Rabe was for volunteer status only.
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
January 14, 2016 – Spending money not allocated on budget
City Council takes on WPPOA’s CPS energy bills, violating Texas Local Government Code Chapter 102 because the item was outside the city budget.
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
April 1, 2016 – City doesn’t get required audit
City Council violates Texas state law (LGC ch 103) by not having an audit conducted and on file within 180 days of the end of the previous fiscal year.
Involves: Micki L. Ball, David Tremblay, Douglas Tomasini, Karen Tanguma, Melissa Matehuala, Kassahn and Ortiz law firm
WPPOA
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____ – Jim Clement, as WPPOA president, begins trying to give the WPPOA assets to the city, of which he is Mayor.
____, 2015 – Pedro Orduno and Charlotte Rabe, both of whom claim to be WPPOA board members, say the board never voted to give the WPPOA assets to the city and that Jim Clement simply called them to tell them that he was going to do it.
Conflict of Interest
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Art Martinez de Vara as attorney representing 5 different entities at odds with one another
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CISO, SOPAC, WPPOA city attorney while mayor of another town – 4 entities within sandy oaks
Charlotte Rabe as WPPOA board member and City Clerk
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Slander/Libel/Personal Attacks
February 11, 2016 – Mayor Ball uses a public City Council meeting to slander a citizen in a character assassination attempt. She falsely accuses Cathleen Recio of claiming to be a board member and/or City Council member. Also a possible TOMA violation as item was not on the meeting agenda.
____ Mayor Micki L. Ball and Alderman BJ Gillespie attempted to stop a citizen, Cathleen Recio, from getting people to sign a petition to abolish the city. The citizen was petitioning with permission at the city’s only gas station when Ball, Gillespie, and 2 men they brought to the scene started taunting, insulting, and providing threat of force towards the citizen in an attempt to intimidate her to stop the petition drive. Previously, Mayor Ball had slandered Recio in a public meeting on February 11, 2016, making an announcement to the city of an untrue (and later dis-proven) accusation. Alderman Gillespie had also previously tried to intimidate Recio at a public meeting where Gillespie (not yet an alderman) resorted to slamming things on the floor in an attempt to intimidate Recio and keep her silent and from asking the City Council questions.
Silencing Citizens/Free Speech Violations
April 13, 2016 – City Council canceled its regular meeting scheduled for April 14th and instead had a meeting on the 13th. Mayor Micki L. Ball included “regular” meeting agenda items on the agenda such as a “Consent Agenda”, but purposely left off the “Citizens to Be Heard” portion that is required by city ordinance to be on the agenda of regular meetings. Audience members expressed frustrations and Ball called the Bexar County Sheriff’s Department to bring in a deputy to silence people. City Marshal Jesse Gutierrez, while in civilian dress and without showing a badge, threatened to arrest a woman for speaking and even held handcuffs in her face. In the past, Gutierrez never threatened to arrest his own wife, who repeatedly interrupted meetings, shouted out to City Council members, and even suggested that people’s homes be burned down. However, Gutierrez was quick to rush across the room to silence someone who wanted to ask the City Council questions on April 13th when his employer wasn’t happy.
Sales Tax
Creating an illegal amount of taxes at an illegal meeting
On August 16, 2014, the City Council held its first ever meeting. The agenda for the meeting was not posted for the public to see, violating the Texas Open Meetings Act. The meeting included the hiring of Art Martinez de Vara, Mayor of Von Ormy, to be the City Attorney.
The Council voted to approve an illegal amount of sales taxes. By Texas law, only 2% of sales taxes can be created for an area and a 1/2 cent for a transit authority already existed. The Council voted to place 3 new sales taxes on the November 2014 ballot, 1% for ___, 1/2% for ____, and 1/2% for ____.
On November 4, 2014, 298 people participated in the 3 different votes for sales tax. All 3 passed with 51-65% in favor.
Mayor caught lying to voters outside the polling location
Mayor Jim Clement was caught outside the polling location telling voters that the tax wouldn’t increase the amount they were currently paying and that voting for the tax would only switch it from being a county tax to a city tax. By law, a county cannot have a sales tax, and the tax did in fact increase upon its approval.
The City Council was informed on ____ that Mayor Clement had lied to voters outside the polling booth, but no one on the Council addressed the issue or said anything about it openly at a public meeting.
Fraud by secretly tampering with government document
On _____ Sandy Oaks News discovered that the amount for one of the taxes had been changed before it was placed on the ballot. The Council had voted to create an item on the ballot for a 1/2% tax for street maintenance, but someone had secretly changed the amount to 1/4%. Martinez de Vara was the one who submitted the paperwork to Bexar County Elections. An audio recording of Mayor Clement talking to voters outside the poling location confirmed that he knew of the change to a 1/4%. When Sandy Oaks News reporter James Davis told the City Council on ____ that they had created an illegal amount of sales tax because a 1/2% transit tax already existed, Mayor Pro Tem Earnest Gay responded back that “someone in San Antonio” had told him that the transit tax was only a 1/4%. If Gay had known that a 1/4% already existed then he would not have voted to approve a full 2%. The 1/4% fit perfectly with the secretly altered amount. The City Council never investigated who was involved with the secret change.
Texas law/10 days/disregarding voters
According to ____, once a new sales tax is approved the City must ____. However, the city ignored this until Sandy Oaks News reported the illegal amount of taxes in ___. On February 26, 2015, the City Council met and decided to disregard one of the taxes that the citizens had voted on and to file the paperwork with the Texas Comptroller. Members claimed the city didn’t own any streets (which was not accurate), so eliminated the tax to fund street maintenance.
Involved: Jim Clement, Earnest Gay, Douglas Tomasini, David Tremblay, Joel Ortega, Micki L. Ball, Art Martinez de Vara
Martinez De Vara
Campaign material without documentation
Martinez de Vara was the attorney for the Sandy Oaks Political Action Committee. He produced a newspaper called the Sandy Oaks Chronicle which was distributed within the city by SOPAC members. Within the newspaper was a two page spread offering a short biography and political platform for candidates who were running for the new City Council positions. However, the two pages only featured SOPAC members and stated the other three candidates had been invited to participate but didn’t respond. The three non-SOPAC candidates included David Tremblay, Micki L. Ball, and Cathleen Recio. All three of them confirmed to Sandy Oaks News through email that they had never been contacted.
The newspaper was a clever advertisement for the Sandy Oaks Political Action Committee which did not offer the legal language required for campaigns. 3 of the 5 SOPAC members running for alderman positions were elected as a result and hired Martinez de Vara as City Attorney.
Not announcing pay to community
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not announcing pay
Created a Budget for the Mayor
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August 16, 2014 – First City Council meeting. Art Martinez de Vara is hired as City Attorney. City Council creates a vote that will result in an illegal amount of sales taxes.
March 7, 2015 – Aldermen Micki Ball and David Tremblay meet with citizens at the Waterwood Park Clubhouse. Ball refuses to say what the City Attorney Art Martinez de Vara is being paid with public funds saying it is against the law to disclose the information. She also refuses to show evidence of the law, stating that people should “do their own research.”
City Marshal
chosen in TOMA violation
hired without background check
tried to arrest woman for speaking /doesn’t stop wife
keeps people out of closed meetings, but allows wife in
October 8, 2015 – Heather Leal, wife to the City Marshal, suggests burning down people’s properties at a City Council meeting.
Liabilities
ball encouraging people to skate on the putt putt course
ball encouraging people to destroy private property
wppoa house teardown without mold requirements
Creation of City/City Government
Illegal Petition Signatures
On January 27, 2014, the Committee to Incorporate Sandy Oaks submitted paperwork and a petition to Judge Nelson Wolff and Bexar County to call a vote for incorporation. The petition had illegal signatures where spouses signed for their spouse. Dates of the signatures did not match the date of the Notary Public signature and statement. The Notary Public was Sally Martinez, mother of Art Martinez de Vara who was attorney for CISO.
Those involved include Matinez de Vara, Sally Martinez, Jim Clement, Pedro Orduno, and Charlotte Rabe.
Secrecy of Forming Government
On April 24, 2014 – 4 days before early voting started for incorporation, CISO held a public meeting in the WPPOA clubhouse and explained the process. CISO also explained what would happen if incorporation was successful, including that CISO would announce the deadline to run for office of Mayor and Aldermen.
May 27, 2014 – CISO/SOPAC held a private meeting in the WPPOA clubhouse where Jim Clement, Pedro Orduno, Earnest Gay, Douglas Tomasini, Joel Ortega and Dale Burmaster all announced their plan to run for office. SOPAC treasurer Charlotte Rabe mentioned “If no one else runs, we won’t even have an election.”
June 26, 2014 – Deadline to file to run for city council. CISO Does not announce the deadline to the public as it had promised.
July 8, 2014 – When asked why the deadline to run for office wasn’t announced, Jim Clement, Vice Chair of CISO and running unopposed for mayor, replied “Why should we have announced it? It’s people’s own responsibility to know.”
July 29, 2014 – A newspaper called “Sandy Oaks Chronicle” is distributed in Sandy Oaks. It includes a 2 page spread of a “voter’s guide” that purposely includes only SOPAC candidates and lies about reaching out to the other 3 candidates. The newspaper is owned and written by Art Martinez de Vara, attorney for CISO, SOPAC, and the WPPOA. Less than 2 months later he is chosen to be the new City Attorney.
Elections
Fillinger issue
Matehuala being sworn in without election
Misc notes
- September 18, 2014 – Jim Clement and Art Martinez De Vara present a budget with a .38 retroactive property tax. City Council accidentally passes it, but then reverses the decision. Clement admits that Martinez de Vara created the budget that would have given Martinez de Vara $36,000 a year and would have taxed the community retroactively back to January 2014.
- July 9, 2015 – Earnest Gay announces for Jim Clement that the TCEQ is requiring Clement/WPPOA to get a sample from the barrels of oil found buried in the park.
- November 12, 2015 – City Council agrees to a contract with Tiger Sanitation for 5 years of exclusive rights to provide trash collection service within the city.
- January 14, 2016 – Micki Ball swears in Melissa Matehuala as an Alderman without being elected or without being approved by the City Council. Previously the Council had asked for applications from people who wanted the position and Charles Fillinger was the only applicant, but Mayor Ball said his application wasn’t notarized, a requirement that did not exist.
Ball sending out notices of ordinance enforcement without being a code enforcement officer
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