The Universal Mystery Machine (updated)

by | Mar 7, 2023 | City Council, Community Development Corp, Developements, Developers, Economic Development Corp, Politics, Universal Kids

Imagine yourself in a period of time that was in filled with generational conflict, the Vietnam War, and Nixon was president.  Four teenagers, Fred, Daphne, Velma and Shaggy are driving around in a van with a Great Dane dog looking to solve mysteries.  Little did anyone know that a cartoon called Scooby-Doo, Where Are You? would become a cult classic and last for generations.  Who wouldn’t want to be in a crime-fighting gang with a dog that says “Ruh-roh-Raggy” and has a decked-out van called The Mystery Machine? 

I remember sitting on the couch in the basement watching my favorite cartoon Scooby Doo when my older brother and his two friends came down to join me. They wanted to hide out so they could smoke some dope aka marijuana.  The episode had  Shaggy and Scooby in the mystery machine with smoke pouring out the top.  Inside they were grilling some munchies and the two started to freak out when detectives start banging on the van door.  My brother and his friends were laughing hysterically at the television and I could not help but laugh hysterically at them because I thought they were idiots.  There is no point in me telling you this other than I just loved watching the cartoon gang solve a new mystery in every episode and it had me hooked.

Reading this you are probably wondering what does this have to do with Frisco?  Well on January 11th the City of Frisco and NBC Universal Parks and Resorts made a colossal announcement that a new park was coming to Frisco.  To be honest, since my kids are grown I have not paid much attention to it because I am not visiting a park of that nature anytime soon. But in the last week I have received several notes through the site asking our opinion about Universal, some dropped tidbits on Universal to us, and then today, my wife comes running into my office saying I must read what is on the tweets about Universal.  Tweets are her universal language for social media like Facebook.  I read several different posts talking about the crucial meeting tonight and it was paramount that people show up to have their voices heard. Curious to know more, I spent several hours this morning doing some research looking at old posts, visiting the city’s website, and reading the agenda and documents for tonight’s meeting.

The January 11, 2023 announcement came across as this was a “done deal” which means a plan or project that has been completed or arranged and that cannot be changed.  Truth is the project at that time had not been put before planning & zoning or the city council.  It was truly misleading to the residents and the public far and wide in Texas.  The result was a very mixed reaction, some being happy and some being downright angry.  The city is offering $12.7 million incentive package which is generally normal but based on the split of how residents feel regarding this project I don’t think we should be offering an incentive package.

Representatives of the city on social media sold Universal to the public one way but when reading the Development Agreement attached to tonight’s agenda, they have not been transparent, and the truth is far from what they have sold to the public. Let me give you some examples of what I read on social media from city council members versus what is in the actual agreement being laid out this evening.

  1. The city said the park was aimed at children 3 to 9 years old but the agreement says it was developed for young children 3 to 11 years old. 
  2. The city has said the park hours would be from 10 am to 6 pm and would not have late hours.  The agreement states the “developer’s intent” is to primarily operate the majority of the weekdays with the posted hours of operation for ticketed users between the hours of 10:00 am and 6:00 pm local time.   Residents read it again carefully as the highlighted words are key in this.
  3. However the “actual hours will vary” throughout the year based on demand, seasonality, holidays, peak periods, and weekdays/weekends, but in no event shall the theme park opening time be earlier than 9:00 am (except for hotel guests and annual passholders) which the opening time may be as early as 8:00 am local time.  The theme park closing time will not be later than 9:00 pm local time (except for up to twenty (20) days) during the calendar year when they are permitted to close no later than 10:00 pm local time.  What this means is they can say “summertime” is a peak period and now they can stay open until 9 pm.  They can use July 4, Thanksgiving, and Christmas as peak periods to stay open until 9 pm.  They can stay open late on a holiday (defined as a Frisco ISD school holiday).  Truthfully with the way it is written, they can be open all year until 9 pm if they just claim it to be based on demand, seasonality, holidays, and peak periods.
  4. The city has said no dark rides, no big buildings, and no tall roller coaster rides (40 – 50 feet maximum).  The agreement states all amusement rides, entertainment experiences and all portions of structures designed to be occupied by humans in Theme Park Area A shall not exceed a height of 80 feet.  Structures designed not to be occupied by humans shall not exceed 100 feet.   Just based on a simple google search I learned that 80 feet is equal to a 7-story building.  I am guessing that is not what neighbors were expecting.
  5. The agreement states all amusement rides, entertainment experiences and all portions of structures in Theme Park Area B shall not exceed a height of 100 feet.
  6. The city has said no parades, no fireworks, an inward environment (not outside), and that noise level to the outside would be almost non-existent because the sound would be isolated even within the park.  The city agreement states that permitted uses include parades, outdoor concerts, and shows, amusement rides, and permanent or temporary exhibits.  It also says about the noise they must comply with the City Noise Ordinance (who knows what that is).  I am old but I am pretty sure parades and outdoor concerts are not what nearby neighbors want near their homes.

After doing the research I told my wife I agree with most online users (which is rare) that this is a bait-and-switch to what most folks have been told.  I also saw some other areas of concern that some may overlook such as asphalt parking.  It says they must follow the zoning ordinance which requires parking to be concrete but temporary parking may be of an alternate material when approved by the Director of Engineering Services.  My other area of concern is the delivery hours as we learned the hard way living in Grayhawk near a Walmart. You can hear the delivery trucks all night long.  The agreement states the city cannot restrict public roadways or delivery hours and if residents have a problem with the noise they can call the police department.  It also states Universal will work to reduce the impact on nearby residents. 

One thing is clear, we are still having transparency issues, and it appears the public has been misled about what this project entails.  There are many loopholes and all of them help the city and Universal. The city is hoping residents are too stupid to read the paperwork. Just one old man’s opinion, the residents are being bamboozled and should be extremely angry, especially those living nearby.  

UPDATE: We watched tonight’s Special Joint City Council and Planning and Zoning Commission Meeting on FTVN. I am not sure if I would call it a train wreck, shipwreck, or victory. The meeting lasted several hours. Two residents spoke in favor of passing it but the remaining were all opposed. It was quickly apparent that many residents had many of the same concerns that we did and there was a lot of hostility toward the Mayor. Planning and Zoning passed it 5-0 and then the City Council passed it 4-1-1 meaning 4 yes, 1 no, and 1 abstained.

We were surprised only one resident mentioned the city’s right to free use of the theme park for an employee event on an agreed-upon date. Section 36.02 of the Texas Penal Code makes it a crime of bribery for a person to offer, confer, or agree to confer, or for a public official or employee to accept, agree to accept, or solicit, any benefit as consideration for a decision, opinion, recommendation, vote or another exercise of discretion. Ruh-roh-RAGGY! Clearly, the agreement states the city’s right to free use which could be seen as an offer or benefit for consideration for a decision. Hopefully, a resident will file a complaint with the Texas Ethics Commission.

John Pavle, one of the opposed speakers spoke with passion, vigor and true concern. He pointed out how this was shoved down residents throats, and that the people of Frisco are being exploited for money. He went on to say the evening was a dog and pony show, and for Cheney and the council to stop telling residents what they want and instead listen to the residents who are telling them what they want. The best part was when he actually looked directly at the entire council and told them he would hold each of them accountable when election time came and he promised the Mayor if he voted yes that he would not be sitting in that seat much longer. Mr. Pavle thank you for speaking your truth and for those of us at Frisco Chronicles we agree with you. It is time for residents to make their voices heard at the ballot box.

Jon Kendall Chair of P&Z said this is a destination city and your right it is sir, but it is also our home and that is what you are forgetting. Jake Petras another commissioner spoke and said he spent quite a bit of time reviewing everything for this project and gave it proper due diligence to ensure he understands everything. Well, tonight FC was sent a Facebook post that clearly shows Mr. Petras had made up his mind about 5 days after the Jan 11 announcement which we find interesting since no one knew what the hell was being proposed yet. If that is due diligence we are screwed. Steve Cone another commissioner who is also a resident of one of the nearby neighborhoods spoke and had the most valid pros and cons of the evening. Hopefully, he has a friend named Wilson since he is about to be Cast Away by his neighbors.

The last portion was the council’s input and the one thing repeated over and over was how they all appreciated the neighbor’s professionalism and courtesy in which they approached the situation. It was a little condescending, to be honest, did you think they were going to behave like a group of wild monkeys in the Amazon forest? Cheney said if they had to do it all over again they probably would have rolled it out differently and would have asked for more liberty on what they could share. Really Sherlock? You don’t need to share more but what you do share needs to be accurate. Looking at your very detailed Facebook Post from Jan 20 we see 10 am to 6 pm & no late night hours (actually it is 8 am to 9 pm), 300 room hotel (which can now be up to 600 with a second phase), target audience 3 – 9 (actually 3 – 11), no tall roller coasters max will be 40 – 50 feet (actually 80 feet big difference) and several of these things you mention more than once in that post. Here is an idea, how about you stop grandstanding and trying to oversell a project and just get the accurate information to share? Now you want people to trust your traffic report, trust that the council is doing what is best for residents, and trust city leaders – why should they? It is very clear since Jan 11 that this has been a shit show of false information.

Pelham said we could have done this differently and did we give the impression this was a done deal when it was announced, “Perhaps, Lesson Learned.” She had no empathy in her voice or facial expression like it was not a big deal because they tried to course-correct the situation. With all due respect, not a good enough answer because that announcement traveled around the world far beyond the borders of Frisco. Then you have the audacity to speak to John from Universal about how he gave his word on some concessions to the residents that are not written in the SUP and you hope he keeps his word because you will remember if he doesn’t the next time he appears before the council. Residents remember too Ms. Pelham, they will remember being lied to and misled the next time you stand in front of them and ask for their vote. Telling him his integrity is on the line and that he should honor and respect our home, all the while you are not respecting or honoring the residents before you who are asking you to protect their home and qualify of life is very hypocritical.

Livingston said he liked the project but he could not support the location near Cobb Hill and therefore he would be voting NO! Rummel wanted to table it although we are not sure what that would have done. Keating cried and said how emotionally impacted he was by Commission Cone’s words that evening, wait what? Where was his emotion for the residents who have stood before him pleading to save their neighborhood, and maintain their quality of life? Oh yeah, he went to the beach on vacation and never meet with the residents. Aruba, Jamaica, ooh I wanna take ya, Bermuda, Bahama, come on pretty mama, Key Largo, Montego Baby, why don’t we go anywhere other than Cobb Hill?

The conclusion, everything came back to the economic value the project will bring our city. Yet our city is flush today and will continue to be off the many businesses here so saying no to one business, is not going to destroy our city economically. Money is the best motivator and that is some shady shit!

House of Cards

by | Mar 7, 2023 | Community Development Corp, Developements, Developers, Economic Development Corp, Politics, Wade Park

Growing up my dad and his buddies would always have poker night in the basement that included cards, cigars, and liquor concoctions.  I used to sneak down the stairs to spy on them and was always intrigued by the deck of playing cards.  One night my dad told his buddies that a deck of cards is based on a calendar.  Fifty-two (52) cards represent fifty-two (52) weeks in a year and the card colors red and black symbolize night and day.  The four (4) suits represent the four (4) seasons. There are thirteen (13) cards in a suit to match the number of lunar cycles and twelve (12) court cards that represent the 12 months of the year.  A standard deck of cards has four suits: hearts, clubs, spades, and diamonds and the original card suits were based on classes and can be traced back to France in the 1400s.  Suits include spades ♠ (royalty), clubs ♣ (peasants),  hearts ♥ (clergy), and diamonds ♦ (merchants). 

Once the night was over I would gather up all the cards and the next day I loved to try and build a house out of the cards. Then my brother would come by like a gust of wind and knock it over which always upset me, but I started over each time. House of cards is a metaphor for the instability of the inner workings of what appears to be the perfect partnership, structure, plan, institution, or organization.  In a house of cards, the inner workings are always weak, fragile and in constant danger of failure or collapse.  Watching Frisco grow, I have wondered are some of these developments too good to be true.  Underneath the pomp and circumstance are they just another house of cards?

In August 2014 a crowd gathered including Frisco leaders and officials from Thomas Land & Development for the groundbreaking of the $1.6 Billion, 175-acre Wade Park mixed-use development.  Excitement rumbled among residents when they learned the initial phase would be anchored by a Whole Foods store. Jim Newman, of Newman Real Estate, brokered the land deal for the project and he told the Frisco Enterprise that “having sold and developed land in this city for over 30 years, nothing in North Texas comes close to the future development.”  He went on to say it was difficult getting the Wade Family to sell the land but when they found a partner they could trust like Thomas Land Development they couldn’t be happier.  

In January 2015, the Frisco City Council, Frisco EDC, and Frisco CDC approved $122.75 million in incentives for infrastructure improvements which would be paid from revenue generated by the proposed development as the city collects taxes.  In return, Wade Park agreed to deliver a portion of the development by the end of December 2017. It wouldn’t be long before all that excitement started to dwindle when Frisco learned Thomas Land Development ran out of money and failed to secure additional financing.  Construction froze as contractors began placing liens against the development for unpaid bills and by early 2018 the future of Wade Park was up in the air and Frisco was left with a hole in the ground that locals nicknamed Lake Lebanon. 

Were any alarm bells that the city should have been concerned about so we could have possibly avoided the headache of Wade Park?  A simple google search into Stan Thomas, CEO of Atlanta-based Thomas Land Development is alarming.  The Atlanta Journal-Constitution reported back in 2009 that Stan Thomas had three major projects in bankruptcy protection, and he narrowly averted foreclosure on The Forum Peachtree Parkway development in Atlanta.  He also had projects in London and Orlando that were virtually dead until he could find financing.  He had been sued by former partners and vendors for nonpayment and dozens of liens against him.  His company had gone from 750 employees down to just 50 employees.  Thomas had two other projects in Chapter 11 bankruptcy protection which included The Rim in San Antonio, Texas, and Prospect Park in Alpharetta, Georgia. In 2019 a CBS news story pointed out that while Frisco city officials publicly expressed optimism for the project the I-Team had learned behind the scenes there were concerns early on.  They reported the developer Stan Thomas had a reputation for taking on massive debt to develop massive projects.   The report also talked about how Thomas had plans to turn a development in Sacramento into a multi-billion dollar development but it fell through when he could not pay his loans on the project. 

Again, we ask the question was the writing on the wall the whole time?  Could we have avoided the headache of Wade Park with a little more due diligence?  Was Lake Lebanon avoidable?  How do we avoid doing business with companies that are really House of Cards?  How many other projects are just another house of cards?  

Funny Side Note: While it has nothing to do with our story we wanted to share that in 2015, Universal Orlando acquired 475 acres of land for $27.5 million for a future Universal theme park.  But the previous landowner Stan Thomas (mentioned above) sued Universal claiming he still owned rights to enforce private deed restrictions.  The parties settled in April 2018 but it just shows it is a small world after all since now Universal is looking at Frisco.

Back to the point of our blog, we decided to investigate some other local developments and what we found should have Frisco residents concerned. In 2012 Forest Park Medical Center at Frisco Square opened.  The developer was Neal Richards Group which at the time had developed half a billion dollars of healthcare real estate.  At some point, the company kicked off its first physician-owned project called Forest Park Medical brand. NRG became collateral damage in a fraud scandal involving two of its co-founders who were among 21 people indicted in a $40 million kickback scheme that ran from 2009 to approximately 2013 and generated an estimated $200 million in revenue for Forest Park.  It is complicated to understand but to put it in layman’s terms, the hospitals were set up as out-of-network facilities which allowed them to set their own prices then shell companies were opened to funnel millions in bribes and kickback payments in exchange for patient referrals.  Make sense?

In 2018, Philip Carter, the principal of Texas Cash Cow Investments and North Forty Development LLC who had developed Preston at Wade Crossing was arrested. In November 2018 Carter was facing state fraud charges in connection with defrauding nearly 100 Texas investors out of $17.5 million and in May 2022 he was sentenced to 45 years in state prison. 

Then in September 2022, Tim Barton of JMJ Developments was indicted by a federal grand jury on nine felony counts, including securities fraud and wire fraud.  He is accused of defrauding Chinese investors out of $26 million and if convicted could face up to 60 years in prison.  JMJ Developments purchased 4.5 acres of land in 2020 from Invest Group Overseas (IGO), the master developer of The Gate in Frisco’s North Platinum Corridor.  At the time JMJ officials boasted how it would be “the tallest building in Frisco” and was set to open in 2024.  Barton sold the property in The Gate to Petra Development LLC in December 2022 for an estimated $9 million.

We could make our own movie and instead of calling it The Wolf of Wall Street, we should name it The Wolves of the Frisco or The Wolves of the Dallas North Tollway.  Are we the only ones who are curious why so many of the developments in Frisco are somehow connected to shady businessmen or developers?  Maybe we need to hold our city management and the developers they choose to do business with to higher standards so shady shit stops happening.  

The Cost of Doing Business

by | Feb 27, 2023 | Campaign Donations, Campaign Finance Reports, City Council, Developements, Developers, Fehmi Karahan, Fields West, Jerry Jones, John Keating, Mayor Jeff Cheney, Politics, Robert Elliott, Robert Elliott - The Associates, Stillwater, The Link, The Preserve & Fields, The Star, Universal Kids

Since childhood, I have loved a movie night with the family.  My dad would take me to the corner store where he always got my mom a Bit-O-Honey and then he would look at me and say in his deep voice, kid you can pick a sweet treat too.  I am sure I smiled ear to ear the whole way home looking out the window of the old truck with my $100,000 candy bar in my hand.  Today the candy bar is called 100 Grand and I still pick one up every Friday with a quick pick lotto.  In the movie Other People’s Money (1991), Lawrence Garfield said, “I love money more than the things it can buy…but what I love more than money is other people’s money.”

Our lives center around other people’s money, and we don’t even realize it.  The bank owns the home until you make the last payment.  The car belongs to the lender until you make the last payment.  The new furniture you bought at Nebraska Furniture Mart that is financed over 24 months is not yours until the last payment.  By now you see the connection, until we make the last payment the thing we love is not really ours.  Politicians LOVE other people’s money because it helps pay for costly campaigns.  The more campaign contributions they bring in, the less they will have to take out of their own pockets or through a loan.  Political contributions are a time-honored tradition, and some would say “The Cost of Doing Business.”

In 2019, Sharon Grigsby with the Dallas Morning News did an article about Phillip Michael Carter, who was accused of taking advantage of elderly investors for million dollars, and the relationship he had with both Cheney and Keating’s campaign. Cheney received $15,000 and Keating received $5000 from Carter, both said they were returning the donations which was the right thing to do.  She interviewed Cheney for about 45 minutes and Cheney told her he met Carter sometime after he became Mayor in 2017 and Carter later visited his office at City Hall about a sign-ordinance provision that was causing him difficulties at his Preston Road commercial property. Cheney said it was not unusual and most developers reach out to the mayor and ask for help. Cheney confirmed he helped resolve the issue but was steadfast that the 2018 campaign contribution was not tied to that case and said, “there was never a this for that.” 

Cheney also told Grigsby that his “reputation is everything to me.”  He regrets not looking deeper into the allegations but he is “so busy every single day, from sunup to sundown to the weekends.”  The article goes on to say Cheney first learned of Carter’s state charges and arrest relating to fraud charges on November 14, 2018.  He immediately linked the $5000 donation from Carter but said he had completely forgotten about the entire case until he began reviewing his campaign finance reports in anticipation of his interview with Grigsby.  He admitted in the interview much of what Grigsby was laying out in regard to charges was news to him.  The article was riveting but it never discussed the timeline between his donations and when the “issue” got fixed so we did some research.    

May 24, 2018:  Cheney $10,000 by Carter Family Office LLC (Phillip Carter)

October 10, 2018:  Cheney $5,000 by North Forty Development (Phillip Carter)

October 15, 2018:  Keating $5000 by Texas Cash Cow (Phillip Carter)

October 23, 2018:  P&Z holds a public hearing for Sign Variance: Preston Wade Crossing by Frisco Wade Crossing Development Partners, LLC (Phillip Carter)

**Interesting fact the P&Z Commission in 2018 was led by Robert Cox who was appointed to the Commission in April 2016 with the first motion by John Keating and second by then councilman Jeff Cheney.

January 2019:  SEC Files Charges against Phillip Carter for a multi-million dollar fraud scheme that took place from May 2015 to Feb 2017 and totaled around $45 million dollars and was sentenced to 45 years in prison.

In 2019, Frisco’s population according to the US Census was about 200,907 people. It is hard to believe that someone who is the mayor of a booming and bustling town and also an extremely successful businessman could just “forget” about a fraud case that involved a real estate developer and millions of dollars. At the time it was plastered in local DFW papers and the top story on most local news stations.  To be fair, Cheney and Keating accepted a campaign donation and nothing illegal occurred. They were never named in allegations that involved Phillip Carter and both returned the donations.  Again, this is just another situation that “doesn’t look good” and could lead many to believe that something improper was happening, even if it wasn’t.  That old perception is reality for many folks is a stinker.

Another thing we learned from Grigsby’s March 2019 DMN article was Cheney’s personal policy of not accepting more than $10,000 from a single donor when it comes to campaign contributions. I am not sure when that became his policy because he accepted $20,000 in 2017 plus $6000 in 2020 from Ali Kahla who we believe was a representative for IGO-USA, The Gate developer. I guess he also must have been ridiculously busy and forgot his personal policy almost 9 months after his interview with Grigsby and the article because in 2020 he accepted $15,000 from Fehmi Karahan (Fields).  Again, we want to say there is nothing illegal about the donations (we don’t want to be sued) other than they seem to break his personal policy.  I guess it is good to have a flexible policy that benefits you when needed.

Philip Anthony Hopkins who played Odin in the movie Thor said, “Even with two eyes, you can only see half of the picture.” If that is true, then we should all go to the Ophthalmologist to get our eyes checked out. The problem is repetition, the action of repeating something that you have already done or the recurrence of an action or event.  The repetition of “it just looks bad” starts to become a theme and that can have a detrimental impact on the citizen’s perception of you and the city. The conversation becomes about the lack of trust and confidence in our city, the city council members, and our mayor.

Public Information Act

by | Feb 14, 2023 | City Council, Politics, Public Information Requests, Richard Abernathy

What is the Public Information Act and what is a Public Information Request?  Well, the Texas Public Information Act assures that government entities give citizens access to information about what the public servants are doing on their behalf.  It is a way for citizens to hold their public officials accountable.   The Public Information Act Handbook can be found on the Texas Attorney General’s website and lays out the “how-to” to do open record requests. 

In Frisco, many of our city council members and mayor use their personal devices (cell phones) to communicate so the question becomes what is “public information” and what is subject to the act?   If information was made, transmitted, maintained, or received in connection with a governmental body’s official business, the mere fact that the governmental body does not possess the information does not take the information outside the scope of the Act.  Emails or text messages sent via personal email and personal devices if related to city business are subject to the act.  Why is this important in Frisco?  Several of our council members use their personal devices and personal emails regularly to conduct city business.  When a request comes in, the city sends it to the individuals named and say do you have anything related to this PIR, if so please send it to us.  It allows for dishonesty, if you don’t want someone to see an email you can simply not send it.  It’s the Honor Code system.

In the ethics complaint we reviewed, Cheney wrote in his social media post “As a leader of a council that upholds transparency and full disclosure, I will provide them here without edit as they would appear in our official city records” so we decided to investigate the official record and his claims.  We filed a PIR that read:

Per Cheney’s Facebook Post (Account: Mayor Jeff Cheney) dated May 25, 2021, he admits to sending an email posing a simple question to senior members of our Frisco City Staff: “In the runoff race which Place 3 candidates have asked to meet with you?”  Each staff member was questioned separately using electronic media making their response part of the official city record and subject to public information requests.   Based on that post I would like the following communications from May 23, 2021 – May 26, 2021 :

1. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and City Manager George Purefoy

2. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Police Chief David Shilson

3. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Fire Chief Mark Piland

4. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Henry Hill, Deputy City Mgr

5. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Ben Brezina, Asst City Mgr

6. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Jason Cooley, Ph.D. – Chief Information Officer

7. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Ron Patterson, President Frisco Economic Development Corporation

8. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Marla Roe, Executive Director Visit Frisco

9.  All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and John Lettellier, Director of Development Services

10.  All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Paul Knippel, Director of Public Works

The response to our PIR was 7 pages, the first 2 were a copy of the post from his page and the remaining pages contained 4 text messages between the mayor and 4 senior staff members. Problem #1 it appears we received an incomplete PIR request from the city. So where are the remaining 6 text message communications?   Problem #2 Cheney quoted Marla Roe, Executive Director Visit Frisco on his social media post as saying “Just Angelia. Had a great conversation.  Henry was there.”  However, after receiving our PIR Marla Roes actual statement via text said, “Just Angelia.  Had a great conversation. Henry was there.  Will say Jennifer stopped by my house and I told her I worked for the city. Not much else.  With Angelia was via teams FYI.”  Why is this important, he left out that the other candidate had interacted with the city employee.  One via door knocking and one via Microsoft Teams.  Does not seem like a big deal but when it comes to transparency – it is a very big deal! 

We want to believe our elected officials are good people, honest people, and forthcoming.  The truth is we don’t know and that is why the act is so important because it allows us that transparency.   Transparency should never be based on the honor system.  Not everyone is honorable!   That is how they can hide the shady shit!

Analyzing an Ethics Complaint

by | Feb 14, 2023 | City Council, Ethics Complaints, Frisco City Secretary, Home Rule & City Charter, HR Department, Politics

In 2021 several Ethics Complaints were filed by residents involving those who serve on the city council.  One of those complaints was filed by Frisco resident Ms. Rouse and was against Mayor Jeff Cheney.  It alleged that the mayor used his city email for political campaign purposes to support then-candidate Angelia Pelham.  It pointed to a Facebook post by the Mayor on May 25, 2021, where he states he asked each senior member of city staff, “In the runoff race which Place 3 candidates have asked to meet with you?”   He then proceeded to publicly publish the responses in a Pro Angelina endorsement on his official Mayor Jeff Cheney Facebook page.

Review of Mayor Jeff Cheney’s Sworn Response:

Mayor Cheney states in his sworn response that the complaint does not comply with the requirements for filing a complaint and that Ms. Rouse did not provide a statement of facts but instead offered her statement of opinions, assumptions, and allegations, and none were not supported by facts or evidence.   FACT: First Exhibit A,  Ms. Rouse pointed directly to the mayor’s post on May 25, 2021, which that acknowledges on May 24th he used electronic media and sent a message to every senior staff member and then published their names and answers to his question. 

Second, he proceeds to state that none of the responses were a result of his city email (he texted them) so that part was factually false.   TRUE: He texted senior staff and her reference in the complaint was he used city email.   OPINION: One could argue the mayor tried to mislead the public in his social media post when he says he sent it via electronic communication because most would assume that he alluding to email.  

On his social media post, he notes that any city staff response is part of the official city record and subject to Public Information Requests.  In his written sworn response, he noted that he was not asking any of the senior staff to support a candidate.   TRUE: His social media post is correct in that Senate Bill 933 & 944 states work-related text messages sent by public officials (the mayor to senior staff) are a matter of public record even if sent from their own personal device or outside work hours.   OPINION: He said he was not asking them to support a candidate, but he did not explain why he was asking the question.  So the senior staff had no idea if it was a personal question if he was asking for city purposes, and/or asking on behalf of his position as Mayor.  The mayor did not tell them ahead of time he was going to use them in a social media post where he intended to support a candidate.  Had he been upfront with city staff about his intentions they may not have chosen to respond to his text. 

Third, he states in his response that the complaint on its face does not state a violation of the ethics laws.   FACT: Ms. Rouse in the third paragraph of her complaint stated the section and specific portion of the City Ethics Code she believed the Mayor had violated (Sections 6, 7, 8, and 9).  OPINION: Now we are common folk and no legal eagle but upon review, it is our opinion the Mayor most definitely violated Section 7 of the City Code of Ethics Section A (1) which talks about influencing subordinates and states a city official shall not directly or indirectly, induce or attempt to induce any subordinate of the Official to participate in an election campaign or to engage in any political activity related to a candidate or issue.  Also, it is our opinion he violated Section 8 of the city code of ethics which states a city official shall now knowingly assist or induce or attempt to assist or induce another city official to violate any provision of the Code of Ethics. 

In the mayor’s sworn response to the complaint, he said citizens were asking him if city staff had met with any of the candidates and argued they had the right to know.  OPINION: He is partially correct, and he should have told each resident they can file a Public Information Request (PIR) requesting that information from city staff, city management, and the city council.  However, say 5, 10, or even 100 citizens asked that question it does not mean the mayor should use that in a campaign support message for a candidate.  He did not post these responses in an FYI public information message.  He published these responses in a political endorsement for Angelia Pelham on his OFFICIAL MAYOR JEFF CHENEY Facebook page where he tagged the OFFICIAL Facebook page for Angelia Pelham for Frisco and in the last sentence he says make your voice heard, vote Angelia. 

Going back and watching the city video for this meeting, Cheney read the agenda item and then made a few statements.  Cheney started by saying the complaints should have facts, not allegations, and he denied any wrongdoing.  He also stated it does not allege facts sufficient to constitute a violation of the ethics policy.  Then he recused himself and Bill Woodard, Mayor Pro Tem took over.  They received advice from the city attorney, opened the public hearing for citizens’ comments, then some of the council gave feedback.  One member of the council noted that any complaint should have contained a sworn affidavit and that she needed to have a lawyer help her.  Then Bill Woodard (Mayor Pro Tem) said “I know every member up here has spent a significant amount of time reading these complaints over the weekend, discussing them with the city attorney, then discussing them tonight in executive session again with the city attorney”  – wait, what?  Bill Woodard admitted to discussing the complaints before the City Attorney would have met with them at the City Council in executive session at its next regular meeting to present a written report describing in detail the nature of the complaint, and the attorney’s assessment of whether the facts as alleged constitute a violation of the ethics laws.”   So that leaves us asking, who discussed it over the weekend?   How can we be sure there were no back-door deals made for a vote?  The issue is perception and transparency.  If the city does not follow its own process written in its Code of Ethics then how can we trust the process?   Why does a citizen with a true concern need a lawyer to file an ethics complaint, last I checked we the citizens voted you in and you work for us!  Now we have no voice without an attorney.

The council agreed in a 5 – 0 vote to dismiss the complaint.  Now let’s look at the shady shit that makes the Ethics policy bogus!