Hawkins councilman accused of writing improper checks; municipal judge could be replaced

Published 5:40 am Thursday, November 21, 2024

Editor’s note: This story was clarified to state that Mayor Deb Rushing intended to sign an affidavit of probable cause written by a resident, according to Police Chief Paul Holland. Also, the name of a resident was corrected.

A Hawkins council member has been accused of writing improper checks from the city’s community development corporation to the chamber of commerce.

But after the town’s mayor — who also serves as the city judge — agreed to sign an arrest warrant for the council member, he requested that the city hire another municipal judge. And Hawkins’ police chief said he believes the mayor is trying to supersede the authority of law enforcement agencies by proposing to sign the warrant.

The latest controversy to unfold in the Wood County city was on full display during Monday’s council meeting, and it’ll be a matter of discussion again during a special meeting at 6 p.m. Friday.

Hawkins police is investigating allegations of misuse of taxpayer dollars, Police Chief Paul Holland wrote in a Nov. 3 Facebook post on the city’s page.

Place 5 Alderman Greg Branson, who is president of the Hawkins Community Development Corp. and the chamber of commerce, has been accused of writing improper checks from the development corporation to the chamber totaling more than $28,000 from 2021-24.

On Jan. 26, 2021, Branson wrote a check from the community development corporation to the chamber for $5,500 to cover costs for a banquet, the Hawkins Pancake Festival, Easter celebration and a wooden sign, according to a photo of the check posted to Facebook by Hawkins resident Todd Eddington. Eddington obtained records of the checks through an open records request.

On July 2, 2021, Branson wrote a check from the community development corporation to the chamber for $574.80 to pay for office supplies. On July 13, 2021, he wrote a check for $3,000 to pay for expenses at the Hawkins Oil Festival and for Christmas.

On May 31, 2022, Branson wrote a check for $8,450 to pay for the chamber’s advertising for events for the year, and on Oct. 16, 2023, he wrote a check for $2,915.75 to reimburse the chamber for a June power outage; the check provided no additional information but likely had to do with severe storms that swept the region.

On Nov. 14, 2023, he wrote a $3,290 check to reimburse the chamber for “electrical at the pavilion.” On Feb. 5, 2024, Branson wrote a check for $9,999 to pay for the chamber’s advertising, according to Eddington’s photos.

The community development corporation is funded through sales tax revenue, while the chamber is a private entity, not a governmental one.

In the post on the city’s official Facebook page, Holland said residents raised concerns that the checks don’t comply with Texas Government Code Section 505, which governs community development corporations. Holland wrote that a violation of the code is not a criminal offense, “but there could be other related charges.

Holland wrote that he is consulting with the Texas Rangers and the Wood County District Attorney’s Office.

Branson did not answer calls this week requesting comment.

During Monday’s meeting, Hawkins Mayor Deb Rushing said the development corporation board approved only one of the three checks, but Branson disagreed, saying the board approved all three.

Rushing said during Monday’s meeting that the checks are illegal, though a court of law must determine such an allegation. Branson has not been charged with a crime.

Mayor, chief disagree

Rushing said she and Holland discussed the issue two weeks ago. In her capacity as municipal judge, Rushing told Holland that Holland could sign an affidavit for probable cause and that she would sign a warrant for Branson’s arrest to “hurry this thing along.”

“Paul and I disagreed about it, which is totally fine because we’re adults. We can disagree and still respect one another,” she said.

Rushing said she believes her involvement in the case is why Branson placed an item on the agenda for the meeting to consider replacing her as municipal judge.

“That is why, all of a sudden, I don’t need to be judge anymore,” Rushing said. “It has nothing to do with my work, my work ethic — it has nothing to do with that because I have done a great job as judge.”

Holland, however, spoke during the meeting via phone and said Rushing’s account of their conversation was “not completely accurate.”

On Tuesday, Holland told the News-Journal that Rushing was going to receive an affidavit written by a citizen “and that she had consulted a city manager friend who told her that she could sign the affidavit and make an arrest warrant,” Holland said Tuesday. “And then I tried to explain to her, well, the agency who issues the affidavit is the one who files the case with the district attorney’s office. If you have something signed from the citizen, I cannot file a case with the district attorney’s office because it’s not my affidavit.”

Holland said he wasn’t sure if a municipal judge could sign an affidavit written by a citizen, but that he wasn’t a judge.

“She then told me that she was going to go ahead and sign that affidavit anyway,” Holland said during Monday’s meeting. “Then she told me I was going to execute that warrant, and I said ‘No, ma’am, I am not.’”

Holland said he consulted with the district attorney’s office, Texas Rangers, county sheriff and other judges, none of whom had heard of an instance in which a municipal judge signed an affidavit or arrest warrant written by a citizen.

Texas law does allow municipal judges to sign arrest warrants written by peace officers, but on Tuesday, Holland said he was concerned about the depth of Rushing’s involvement in the case.

“As the mayor, she and Mr. Branson had a disagreement … at a previous City Council meeting where she was questioning him heavily regarding this case, to the point where he was very upset,” Holland said. “So, she had direct involvement with the case. She knew that the police department was having an active criminal investigation on the case, and she knew that I was consulting with the Texas Rangers and with the district attorney’s office, but she wanted to, in my opinion, supersede that by signing her own warrant.”

Holland said the city attorney also advised Rushing against her proposed course of action.

Finding another judge

Council members discussed firing Rushing as municipal judge and hiring a new one. Council members said they’d had applicants for the job, but not all were named.

Branson said during the meeting he didn’t have to give a reason as to why he wanted to remove Rushing from the judge’s position. He made a motion to do so, but City Utilities Clerk Cindy Douthitt said the council couldn’t vote to remove Rushing if it had no other candidates for the position.

Place 1 Alderwoman Meredith Hancock made a motion to make Rushing the city’s permanent judge, but the motion died for lack of a second.

After lengthy back and forth discussion among council members, Branson made a motion to retain Rushing as judge for the next 30 days. The motion passed.

But on Tuesday, Taylor, Place 2 Alderwoman Clara Kay and Place 3 Alderman Eric Maloy called for a special meeting set Friday to remove Rushing as judge. The agenda calls for the council to appoint former Wood County Pct. 3 Justice of the Peace Larry Pack to the judge’s position.