Citing too many twists and turns, visiting Judge Burt Carnes, directed lawyers at a Monday hearing in the case of Clore v City of Rockdale, RMDD at the Milam County Courthouse’s 20th District Court to send him their positions in the case by Friday for a determination at a later date whether the temporary injunction becomes permanent.
“This is a convoluted case. There are a lot of moving parts,” the judge told the court after listening to almost four hours of testimony mostly coming from plaintiff Kara Clore.
Clore brought the suit to protest her Oct. 5 firing by the MDD board from her job as the district’s executive director.
“There are numerous violations,” Benton Watson, representing Clore, told the judge.
He said violations of the Rockdale Municipal Development District bylaws, the Rockdale charter and Texas Open Meetings Act should be reason enough to null Clore’s termination.
He told the judge that because of TOMA the court has the ability to put Clore back in her old position.
“I am asking the court to void everything they have done. Bring back the old board and reinstate her,” Watson said in his opening statement, adding his client was having difficulty finding employment.
Roxana Stevens, the defendant’s council, told the judge that the temporary injunction requires the plaintiff to outline the basis for it.
Here, there are a lot of allegations and the plaintiff’s application is defective, she said.
Stevens mentioned that the charter violation cited by the plaintiff was revoked in 2019 and that the Texas Local Government Code allows city council members to serve as members of other boards.
During her testimony, Clore said she has not received things she was promised after her termination.
“To this day I have not received anything from the city,” she said. “They terminated my insurance. They told me at the meeting they would pay my salary and benefits for three months. This has not happened,” she said while at the witness stand.
She also said she was about to close on her house at the time, but because of the job loss her finance company pulled the financing.
Clore noted that no one has been hired to take her place and no one was serving in her place in the interim and discussed the possibility of the city disbanding the MDD.
“Have you been told the city wants to disband the MDD?” Watson asked her on the stand.
Clore replied she had heard that.
Clore elaborated by telling the court that the city had dismissed the marketing director at a September meeting.
“The only way they could have disbanded the MDD was if they appointed themselves,” Clore said.
“Which they have done,” Watson said, and Clore agreed.
“Is there anyone running the ship?” Watson said.
“No, not that I am aware of,” Clore replied.
Witness Rhonda Wagner, who is the MDD economic development executive assistant, agreed with Clore saying that no one is working in the place of Clore.
She noted Michele Larkin, the board’s current president, has been available, but does not come into the office on a daily basis.
“I am usually there by myself,” Wagner said.
The judge said the temporary restraining order remains in effect until his next ruling.
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