TOOL-The City of Tool held their monthly council meeting Aug. 21. The three agenda items that brought the most curiosity to citizens were actions to be taken against City Administrator Julius Kizzee and council members Vera Bennett and Daniel Sayre. Each item was set to be discussed in executive session, but Bennett and Kizzee invoked the right to have the discussions in public.
Kizzee began with how a harassment charge was initiated and the process he took to investigate the accusations. During his investigation, Kizzee said he had found that Bennett had put in for a public information request per the Public Information Act (PIA). According to the Texas Attorney General Office website, “The Public Information Act (PIA) provides a mechanism for citizens to inspect or copy government records. It also provides that governmental bodies may withhold government records from the public in specific instances.”
The website explains: “The PIA generally requires a governmental body to release information in response to a request. However, if a governmental body determines the information is excepted from disclosure under the PIA, then both the request and information at issue must be reviewed by the Open Records Division (ORD). The ORD will issue a decision on whether the governmental body is permitted to withhold the requested information or must release the information to the requestor.”
Former Building and Code Official Lacosta Davis read a prepared letter to the council explaining her reason for why she should be reinstated. In the letter Davis stated “that for the past two years I have been subjected to a hostile work environment and targeted harassment by Council Member Vera Bennett.” According to Davis, Bennett has publicly challenged Davis’ integrity in council meetings, excessive public information requests, contacting Bureau Veritas building inspections to influence actions under Davis’ jurisdiction and respectively pursuing city leadership to suspend or terminate without valid cause or due process.
Council Member Robert Stykes asked Kizzee if there has been any documentation that was mentioned in the letter. Kizzee stated that the only documentation that was put before the council was three different PIAs over the course of Bennett’s two-year term.
Bennett’s response to the allegations: “When a council member posts something on the message board and accuses me of things, I have no recourse but to bring it out before the public. My job now is to bring my defense out here to all of you, to the citizens and show you that I have absolutely nothing to hide.”  During her defense statement, Bennett revisited the disciplinary action to censor her, in which she said, “The council failed to find that there was not sufficient evidence to censor me. During that I made a concerted effort to be as nice as I could to the people at city hall.” 
According to Bennett, when she was asked to meet with Kizzee and Mayor Mike Dumont concerning the complaint Davis had made, they could not clarify what the complaint was for. Bennett said, “I sent a formal complaint about that meeting, and I just want you to know that to this day the three people that participated in that meeting have given me an apology and I have accepted that apology.” Bennett asked each staff member that was present at the council meeting if they have any complaints about her. Each staff member that Bennett asked said “no.”
In the end, Council Member Micheal Fladmark motioned to vote on whether or not to discipline Bennett. The vote passed with 3-2 against any discipline.
The next item on the agenda was to discuss how Kizzee handled the complaint from Davis. Revoking his right to an executive session, the item was discussed in public. Before the session began, citizens were given time to speak. There was an overwhelming group of citizens and city hall employees that spoke on behalf of the city administrator.
Council Member Greg Figueroa addressed the council with the following, “I put this on the agenda for three to four different lights. I appreciate the staff standing out and speaking on your behalf Julius, and I think that it is a good thing for you and the staff to say those things. As the council, it is our job to do governance over the staff. To give council based on things that could create exposure for the city. Things that could be nothing, that could be detrimental but could cause liability and expense and major errors.” Figueroa began by listing issues he felt needed to be addressed. Starting with the testimony concerning Davis. Figueroa said, “She (Davis) was written up for touching or hitting Vera, there is no other write-ups in her employment file, are there?” Kizzee confirmed that the only write up on Davis was June 2024. According to Figueroa, who gave Kizzee the advice to write Davis up, making it a stern write-up by putting her on probation with possible termination.
Bennett asked Kizzee, “Do you think you made the right decision in terminating Davis?” Kizzee answered with a firm yes. Bennett then asked, “You stand behind that?” Kizzee answered with “100%.” According to Bennett, Kizzee had his evaluation in June and was asked to take more of a leadership role with city hall employees. 
Further discussion pertaining to Davis’ dismissal, Bennett asked, “Was there anything she did that warranted an immediate termination?” Kizzee replied with, “Yes.” Bennett then asked, “What was it?” City Secretary Kimberly Price stated, “That is in violation to the appeal process and the reason for termination cannot be discussed?”
Bennett made the motion to impose no disciplinary action on Kizzee and Council Member Robert Sykes seconded the motion. The vote was 4–1 to take no disciplinary action.
The executive session concerning Council member Daniel Sayre resulted in a 5-1 vote for no action.
In other business, the council:
• Heard a proclamation for Tool to be a Purple Heart City, presented by Caring for America for Henderson County President Ben Pate.
• Approved a drainage project in Paradise Bay subdivision for $48,750.
• Approved the proposed budget for the fiscal year 2025-26.