Wrongful termination suit against city dismissed in Federal Court

By Cari Herr
Tribune Staff

Following a hearing on Feb. 2, a wrongful termination suit brought against the City of Magnolia by former city police officer Tom Conklin, was dismissed by Federal District Judge Keith Ellison of the Southern District of Texas, Houston Division.

Conklin alleged a “defamatory and retaliatory pattern of conduct” by former Councilman Ronnie Chumley and Councilwoman Patsy Williams led to a demotion and his ultimate termination on June 19, 2006. He further alleged that his First Amendment right of free speech had been violated and that he had been denied due process prior to his termination.

The court granted a summary judgment to the defendants on Feb. 5 due to a lack of material fact supporting those allegations.

“The court found that the evidence actually demonstrated the falsity of Mr. Conklin’s allegations,” said Bill Helfand, the attorney for the city, Chumley and Williams.

In sworn affidavits, Conklin alleged that Williams and Chumley retaliated against him following a February 2004 investigation into reported thefts in July and August of 2003 at Windstar, a company owned by Williams. Conklin’s investigation was filed with the Montgomery County District Attorney’s office on July 29, 2004 and was promptly dismissed by that office.

The court found no merit in Conklin’s claim that he was demoted and reprimanded as a result of the investigation.

The defendants alleged that issues “centered around Conklin’s problematic supervisory style.” Former City Manager Jane Miller and former Police Chief Paul Rex reprimanded Conklin in mid-July of 2004 for his lack of interpersonal skills and public behavior toward council members. Conklin testified in a sworn affidavit that he was “suspended from his supervisory duties and ordered to attend a communications skills course,” which he did in October of 2004, at his expense.

According to Helfand, Rex and Miller both testified at the hearing that neither council member, nor the mayor initiated the reprimand.

The court found “that when public employees make statements pursuant to their official duties, their speech is not protected under the first amendment, and they may be subjected to employer discipline.”

Because Conklin could not demonstrate a constitutional violation of his First Amendment right of free speech with “precise content and context of speech” relative to his official duties, the court could not determine there was a genuine issue to be decided.

“While the court does not doubt that critical words were exchanged by all parties, and perhaps on occasion in the presence of others, the court cannot assume that those words rose to the level of speech involving matters of public concern without knowing more precisely their exact content and context.”

Conklin alleged that his termination did not provide for due process of which the court found that Conklin had “introduced absolutely no evidence showing that false, stigmatizing charges were made against him in connection with his termination.”

The court additionally ruled that both Chumley and Williams were immune from the allegations, as neither council member had been granted “policy making authority” by the City of Magnolia.

The court determined that Conklin’s termination did not result from “an official city policy or widespread practice,” for which it could be held accountable.

“This lawsuit never had any merit whatsoever and (the ruling) confirms that,” said Helfand. “ They can’t re-file the federal claim because its been dismissed. There certainly would not be any merit in filing a state law claim in light of the rulings that the judge made in this case.”

Spring groundbreaking scheduled for high-end development

By Brian Walzel
Tribune Staff

The city of Tomball is finalizing plans with a Houston area developer to bring a groundbreaking new development to the city, one that could bring a whole new face of modernization to the community.

Pictured, an artist’s rendering of the proposed Lakes at Crosspoint development, scheduled to begin construction at the corner of FM 2920 and FM 2978 this spring.
Submitted Art

The Lakes at Crosspoint, to be located at the corner of FM 2920 and FM 2978, is on track to begin construction this spring, with new homes expected to be available by 2008.

“We’re hopeful we can bring this development to fruition in the coming months,” said Bill Calderon, a spokesman for the high-dollar project, which is headed up by Jolly Properties and the Gadfy Group.

The development will include homes, a hotel, retail and commercial sites, scenic waterways and town homes.

But the homes won’t come cheap.

Calderon said the upscale homes are expected to cost between $400,000 and $450,000. A number of town homes are also expected to be available as part of the project, costing as much as $250,000 or more.

Also included in the project are a 316,000 square foot retail center, 126,000 square feet of office space, a 40,000 square foot hotel and an 80-room motel.

While the development may be the first of its kind in Tomball, the city is expected to see a windfall of tax revenue. Calderon estimates ad valorem tax revenue for the city to surpass $200 million.

However, the development first needs to clear some significant hurdles before ground can be broken.

According to Calderon, the area set to house the development has virtually no drainage facilities and infrastructure costs could exceed $15 million.

“There are some pretty high costs associated with this development,” Calderon said.

In order to offset those costs, project developers are looking to implement a Tax Increment Reinvestment Zone (TIRZ).

According to the city of Houston Web site, “TIRZs are special districts created by a city council to attract new investment to an area. TIRZs help finance the cost of redeveloping or encouraging infill development in an area that would otherwise not attract sufficient market development in a timely manner.”

The site also states “taxes attributable to new improvements (tax increment) are set-aside in a fund to finance public improvements in the zone.”

Additionally, “TIRZs are most successful when the area’s tax base is at a low point of its valuation and there is a large property owner/developer who can expeditiously carry out the area’s redevelopment,” the Web site states.

The city council has already approved the “concept” of the TIRZ, City Manager Ben Griffin said, and will vote on its approval after the development group meets all of the preliminary requirements.

One of those requirements is to make a presentation during an open meeting to all taxing entities within the development that request one.

Last week, Calderon presented the project to the Tomball Independent School District Board of Trustees.

While the school district has no specific involvement in the project, Superintendent John Neubauer said they were interested in learning about the development and its potential impact on the district’s tax base.

“We’re interested because it’s a tax base, but as far as any type of interlocal agreement, we have no involvement,” Neubauer said.

Developers still need to meet with representatives from Harris County. After two public hearings, the Tomball city council would vote on the TIRZ, Griffin said.

Other than the infrastructure issues facing the project, Griffin sees no major roadblocks for the developers.

“I don’t see any reason for them to back out at this point in time,” he said.

The project is expected to be completed by 2010.

Magnolia West soccer goalie goes international

By Cari Herr
Tribune Staff

Not only does Magnolia West High School ninth grader Cameron Wise play soccer for the Mustangs, he is also the starting goalie for his club soccer team, HFW National (U15), out of Katy.

Cameron Wise

Wise wants everyone in Magnolia to come out and support his new high school and the Mustang’s new soccer program, he said. “They are ready to make history.”

The Nationals will travel to Germany in June to compete in a 14-day tour. At the spring 2006 Presidents Cup the Nationals tied it 4 to 4, scoring 16 goals and giving up18. Of 22 games played in the fall of 2006 season, the Nationals held 10 wins, nine losses, and three ties, scoring 33 goals and giving up 44.

Playing at this stage is a dream come true for Wise, who has looked forward to playing international soccer competitively for many years. Wise has played soccer since he was 4. One of his goals is to play soccer overseas, he said.

At the age of 9 Wise’s father, Mark Wise, passed away of cancer in April of 2002. He knows his dad is with him every time he steps out on the field, he said. “He will be with me in Germany too.”

Wise’s dad was his biggest fan and loved to watch him play, said his mom, Tammi Wise. “This was a very hard time for Cameron. His dad was his best friend,” she said.

“He always told me, ‘One day Cam, I am going to get to watch you play soccer in college and then in the MLS (major league soccer),’” said Cameron.

Through the love of his family, the game he loves, his teammates and a lot of determination, Cameron has come through a winner.

“In my eyes, he is my hero. He is an amazing young man,” Tammi said.

Cameron and Tammi want to make people aware that soccer is a great sport. Wise believes that to make a dream come true, all you have to do is work hard, never give up, and it will happen.

Wise is a certified soccer referee and earns money for his trip to Germany by refereeing soccer games and gathering sponsors. The team will fly into Frankfurt, Germany June 6, compete daily, and fly out of Munich of June 20. To become a sponsor, call 281-731-3132.

Class project takes on new meaning after classmate’s passing

By Brian Walzel
Tribune Staff

When Northpointe Intermediate teacher Lisa Stoyak initiated a project for her English class she hoped would teach her students the value of giving, she had no idea the project would evolve into a beacon of hope for a heartbroken family.

Pictured (from left to right), Beverly Vaughn, David Vaughn and Star of Hope’s Julie Bonham hear a presentation from Lisa Stoyak’s sixth grade English class while Kyle Peterson, Kourtney Myers and C.J. Werner hold up a banner.

For the early spring semester project which began Jan. 27, Stoyak’s 23 students were given a total of $140 in five and ten dollar increments.

They were instructed to complete a task to increase their money, which Stoyak hoped to donate to a charity at the project’s conclusion. Some students held a bake sale, some sold jewelry and others worked a lemonade stand hoping to increase their funds.

It was all part of a lesson which implemented many aspects of the school’s curriculum, including math, Stoyak said.

All seemed to be going well in the early days of the project when one of Stoyak’s students, Leora Vaughn, suddenly and unexpectedly became ill.

What seemed like the common flu quickly turned serious for Vaughn. She was admitted to the hospital where her conditioned quickly worsened. She died Jan. 29.

Reeling from their classmate’s death, Stoyak’s students stepped up their efforts to raise money.

But instead of giving it all to one charity, the class decided to show how much they cared for the former classmate.

Stoyak’s students decided to give half of whatever they raised to Vaughn’s parents, David and Beverly Vaughn, and the other half to the Star of Hope charity.

It was a gesture that deeply moved Stoyak.

“They came up with it all on their own,” she said. “They’re just amazing kids.”

Stoyak’s initial goal for the project was to raise a total of $500.

By the time the students were done and the project came to a close, her class had raised $4,200.

Much of the money came through donations, such as a $500 donation from Wells Fargo. One private donor matched the $1,800 the class raised to double their total.

The effort was above and beyond anything Stoyak expected.

“They’ve just been amazing,” she said of her students. “They did such an awesome job.”

On Feb. 15, the students presented David and Beverly with their half of the money and Star of Hope the other half in a touching ceremony in the school’s library.

“I’m just so thankful,” Beverly Vaughn said. “I couldn’t have asked for more. And I certainly didn’t expect this.”

The students designed two large banners, one for the Vaughn family, which read “We Love the Vaughn Family,” and another which read “We Love the Star of Hope.”

Julie Bohman of Star of Hope was on hand to thank the students, as well.

“What you have done touches people’s lives in ways that you will never know,” she said.

Rodeo Art

The judges from the Houston Livestock Show and Rodeo recently visited Magnolia High School to view the art work created by Magnolia students. There were 387 entrants in this year’s show. Eight students had their work chosen by the judges as Best of Show or Gold Medal winners for elementary, junior high and high school. Caryn Wheeler, a senior at Magnolia High School, won a Best of Show ribbon for her “Stuck in a Rut” (pictured above). This is the first Best of Show award for Wheeler. She won Gold Medals the previous two years. Last summer, Wheeler won a scholarship to the Western Art Academy. Other winners included Mallory Sherman, Uriah Voth, Nicole Whitley, Barry Carter, Robert Brown, Morgan Tondre, and Jackie Morey.
Submitted Photo

Border watch group conducts undercover operation at day labor site

By Brian Walzel
Tribune Staff

A volunteer group working to secure U.S. borders conducted an undercover operation Feb. 10 at Tomball’s day labor facility, reporting numerous contractors who allegedly hired illegal workers.

U.S. Border Watch, along with its president, Curtis Collier (pictured), conducted an undercover investigation Feb. 10 at the Tomball day labor site.

Members of U.S. Border Watch began the operation at approximately 7 a.m. by attempting to hire illegal workers and later using video surveillance equipment to film contractors who were attempting to hire illegals.

They later placed banners around the site, notifying those on the premises they were under video surveillance and could possibly be reported to customs officials.

“By 10 a.m., this place was empty,” said Curtis Collier, president of U.S. Border Watch.

The group confronted 51 suspected illegal workers. Of those, only one had the proper documentation: a driver’s license and a Social Security card, Collier said.

The operation, Collier said, went off without any major disturbances.

“When we show up, they pretty much disperse,” he said.

The Tomball operation was one of five in the Houston area that U.S. Border Watch conducted that day. They also surveyed three other sites in the Houston area last weekend.

Collier said the group’s goal is to catch contractors who may hire illegal workers.

“The biggest target of a day labor site is not the workers,” Collier said. “It’s the contractors that are hiring them.”

When the group suspects a contractor of hiring an illegal worker, Collier said they document his license plate number and send them a certified letter notifying them of the potential violation.

“It’s their responsibility to make sure those people are properly documented,” Collier said.

If the contractor is found to possibly be in violation again, U.S. Border Watch sends another certified letter and forwards the information to Customs Enforcement, Collier said.

The group has no authority to apprehend anyone or issue citations of any kind.

“As far as legally or physically, there is absolutely nothing (we can do),” he said.

Collier estimates the number of illegal aliens in the Houston metro area exceeds 500,000, with up to 2,000 entering the Houston area each day.

“There’s a never-ending supply of people wanting into this country,” he said. “We can start deporting tomorrow at 10,000 per day and they’ll just be replaced as long as there is something drawing them here.”

Collier said his group’s primary goal is to maintain the safety of the country.

“The number one thing is national security and protection,” he said. “And not that we’re opposed to people coming. We believe this is a country of opportunities. But we have to have some kind of organized entry into this country. It just can’t be a free for all.”

Drug busts net $52,500 in cocaine, eight arrests

By Cari Herr
Tribune Staff

A crack down by Montgomery County law enforcement agencies prompted by a tip received through Houston Crime Stoppers reaped a boon of drug arrests throughout January in the Pinehurst area. A total of eight arrests were made with the street value of cocaine seized totaling $52,500, and another $500 in other illegal drugs.

According to Lt. Philip Cash of the Montgomery County Sheriff’s Office Special Investigations Unit (SIU), agencies involved included the Pct. 1 and Pct. 5 Constable’s Offices and the City of Montgomery Police Department as well as Sheriff’s deputies.

On Jan. 19 SIU agents seized 1,050 grams of liquid cocaine, 1.6 grams of rock cocaine and 6.1 grams of powder cocaine, along with more than $900 in cash, when officers raided a residence in the 28200 block of Vallie Road in Pinehurst.

Two suspects were found in a shed behind the house, said Cash. Craig A. Humphrey, 43, and Gretchen A. Selick, 41, were charged with possession of a controlled substance, less than 4 grams. As of press time last week, Humphrey was still jailed on a $7,500 bond, while Selick had posted a $7,500 bond.

“Three other suspects were found inside the house,” Cash said. “They were manufacturing crack cocaine using stove-top equipment.”

The quantity of liquid cocaine seized in the raid warranted an aggravated possession charge in the arrests of Randy J. Humphrey, 42, Christopher D. Hudson, 31, and Jason K. Riley, 37. Additional illegal drugs confiscated in the raid included Xanax and Darvocet.

Randy Humphrey

Christopher Hudson

Both Randy Humphrey and Hudson were still in jail as of press time with $50,000 bonds. An existing parole violation warrant for Hudson prompted a “no bond” status, while Riley posted a $20,000 bond.

Less than two weeks later on Feb. 1, SIU agents performed a controlled raid at the 28500 block of Red Fox in Pinehurst. The search netted three arrests and seizure of .9 grams of crack cocaine, .10 ounces of marijuana and a stolen firearm listed as a .38 special.

Jimmie D. Burton Sr., 57, posted a $10,000 bond for possession of a controlled substance, while Shanorra M. Harris posted a $750 bond on possession of marijuana, and Phillip B. Burton posted a $3,000 bond for possession of a stolen firearm.

To report illegal drug activity, call Houston Crime Stoppers at 713 222-8477.

TISD adopts new strategies to strengthen ESL program

By Brian Walzel
Tribune Staff

Tomball Independent School District is implementing new strategies in hopes of improving the English speaking abilities, and test scores, of the more than 700 students currently enrolled in its English as a Second Language (ESL) program.

Pictured, Marivel Valencia (left) and Jorge Martinez (second from right) helped Rikku Fu (rigth) with a warm-up exercise while Yemilli Zuniga (second from left) also attempted to solve the warm-up problem.
Submitted Photo

With scattershot test scores reported throughout the district, some improving with others worsening, administrators are looking for new ways to teach one of the fastest growing populations in the district.

Carol Rangel, director of the district’s bilingual and ESL programs, has helped implement new teaching strategies at the intermediate level and a newcomer’s program, aimed at older students who may be learning English for the first time.

The ESL program is divided into three subcategories: a bilingual program that teaches both languages, a Late Exit program for students in prekindergarten through sixth grade, and a program for English Language Learners (ELL, formerly LEP, or Limited English Proficient).

The purpose of the ESL program is to develop competence in English and to prepare the student to be successful in all academic subjects.

“The ultimate goal is for them to be in an English-speaking situation,” Rangel said.

One new strategy is underway at Tomball Intermediate School, where fifth grade ESL students are enrolled in English-speaking classes and receive instruction from bilingual teachers.

Previously, those students were enrolled in bilingual or ESL classes, a strategy which is still being used at Northpointe Intermediate. Rangel said the district is waiting to evaluate the results of the new strategy at Tomball Intermediate before implementing it at both schools.

“Until we take the TAKS, we don’t know,” Rangel said. “We’re waiting to actually see how these kids do.”

For ELL students who are enrolling for the first time in the district at the junior high or high school level, there is the Newcomer’s Program, which Rangel said totally submerses the student in English with the help of fellow students and bilingual teachers.

The benefit of the program is that students who enroll in Newcomer’s are on the same English-speaking level as their peers.

Part of the reason for the new programs is to help improve TAKS test scores.

While some areas have seen significant improvements in scores, others have seen dramatic decreases.

For example, in 2006, 15 percent of seventh grade ELL students met the standard on the reading portion of the TAKS test, a 35 percent drop from 2005, when 50 percent met the standard. However, 31 percent of tenth grade students met the TAKS standard on the language arts portion of the TAKS in 2006, while in 2005, less than 1 percent did.

Rangel said the transition that students face from one school to the next might be a reason for the drastic differences in scores.

“We’ve had such a transition from one school of teachers who may not have been there long enough to another school where the teachers are a stable group,” she said.

Overall, ELL students are the lowest scoring in the district on the TAKS, according to the Academic Excellence Indicator System (AEIS) report.

Last year, only 41 percent of students district-wide met TAKS standard, down from 48 percent in 2005.

“We’re trying to fix some concerns we have right now,” Rangel said.

Test results for students enrolled in the ESL program essentially don’t show up on the AEIS report for up to three years, Rangel added. During that time, students are given a TAKS test in Spanish, rather than English. It isn’t until they are able to take the English version that their scores are reflected in the AEIS report.

And while the district is adapting its ESL program, it is also working to keep pace with an influx of immigrants into the Tomball area.

Rangel said the district is prepared.

“We’re prepared because we have our bilingual certified teachers,” she said. “And I feel our Newcomers Program is going to help those students who are in the upper grades.”

Reckless driver: Illiteracy cause for over-medicated state

By Cari Herr
Tribune Staff

Johnny Mock of Mock Construction quit school in the eighth grade and can neither read nor write, more than a small difficulty when reading a prescription, taking a driving test, or building a business.

Johnny Mock explains that due to his illiteracy, he was overmedicated and driving recklessly when law enforcement officers forced him from his vehicle on Jan. 24 in a pursuit on Nichol Sawmill Road.

In part, Mock blames his illiteracy for the medicated state he was in the day he was stopped by Montgomery County law enforcement agencies for alleged reckless driving. Magnolia Police Officer Eric Silliman and Montgomery County Pct. 5 Dep. Constable Glen Arnold, along with county Sheriff’s deputies pursued Mock up Nichol Sawmill on Jan. 24, only to come to an abrupt halt when Arnold pulled his patrol unit across the road at Rachelle Lane.

Mock said he was checking his cattle in Glenmont Estates around 2 p.m. on Jan. 24 when his hip began hurting and he decided to go home. He has had two hip replacements in less than six months. As he turned out of Glenmont Estates and headed up Nichol Sawmill Road toward Butera Road, Mock said he took a Lortab pain pill, thinking he would be home soon.

“I was in some kind of pain, believe me,” said Mock, who has not been released from his doctor.

At that time, he said a “speeder in a black truck” passed him and quickly left him behind. He saw the police lights flashing and assumed they were chasing the vehicle that had just passed him, he said. Though he pulled onto the shoulder of the road to allow the police unit to pass, it maintained its distance.

Police allege Mock was swerving dangerously, forcing school buses, cars and police units off the road.

When Mock noticed the police unit’s flashing lights in front of him, he said he stopped his vehicle and turned the ignition off. Though his doors lock automatically, he said they do not unlock automatically and the police officer broke the glass out of his window before he knew what was happening.

“That’s when they come up to me, busted my window out, shoved me to the ground, handcuffed me, and told me to get up,” he said.

Due to the hip replacement, Mock said he could not get up from the ground without assistance. He suffered cuts to his face and knees due to the broken glass on the ground. Police on the scene quickly determined Mock was medically impaired and transported him to Tomball Regional Hospital. He was treated and released after blood was drawn to determine the extent of his medicated state.

Sgt. Bo Crabtree of the Magnolia Police Department said, “Whether intoxicated or over-medicated, both are considered driving under the influence.”

Mock said he was given prescriptions at Conroe Regional Medical Center for Lomotil and Phenergan on the evening of Jan. 23, which were prescribed for a severe case of stomach flu. In addition, Mock regularly takes Altoprev, Linsopril and Lortab to lower his cholesterol and blood pressure and to reduce pain as a result of his hip surgery.

“I was on an empty stomach and the pain medicine must have hit me pretty hard,” he said. “If I had known it was going to affect me that way, I would have of waited until I got home.”

Mock raised his three sons as a single parent for more than 20 years, he said. He was a primary contractor for the construction of the Magnolia Youth Park and said he loved children and would never do anything to hurt the kids.

He used to lie to people when they would ask him to read saying he didn’t have his glasses, Mock said. “It’s embarrassing to not have an education.”

He got his driver’s license in Navasota more than 45 years ago by taking an oral exam and memorizing signs and their meanings, said Mock. He has never had to take another test, either written, verbal or physical.