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Attorney: No violations by councilman
By Chris Roark, croark@starlocalnews.com
A local attorney has ruled that Flower Mound Town Councilman Tom Hayden was not in violation of three complaints made against him a few weeks ago.
Resident Mellany Lamb, who sits on the town’s planning and zoning commission, filed the complaints.
Hayden is running for mayor against incumbent Melissa Northern and resident Al Cloud in the May 12 election.
In a letter sent to Hayden, attorney Julie Fort stated that his attempted contribution was not a use of his official position, nor was it a disclosure or use of information gained solely from his position as a councilman. She went on to state that his attempted donation did not indicate he had a special interest in the case or that the plaintiffs provided him with confidential information that would impair his duties as a councilman.
Hayden confirmed that he tried to give $400 to Simonson’s friend, Jennifer Rogers, to give to Simonson. But he said the money was returned to him the next day with Simonson telling him she didn’t want to take his money.
Hayden also said when he made the contribution, the lawsuit had not been filed yet. He said the money was to offset upcoming attorney fees.
“When I gave them [Simonson and Parameswaran] the money, it was for pending legal fees before the lawsuit was filed,” Hayden said.
Lamb questions Hayden’s actions despite no violations being found.
“Why did he give the money in cash? He could have been more open about this,” Lamb said.
Hayden said he does not recall if he told other council members about his attempted donation.
In Lamb’s second complaint, she claimed Hayden should have recused himself on council votes regarding the Terracina and Estancia Estates. Those development projects are part of Centurian Acquisitions, L.P.
Hayden’s employer, a life insurance company, is a financial backer to Centurian.
Hayden said his company’s investments are split approximately 70 percent marketable securities and 30 percent commercial mortgages. His job is to manage the marketable securities portfolio and a separate division is responsible for the commercial mortgages, which he said he has no input.
Hayden said when first elected to the council, he reviewed the situation with town attorney Terry Welch, prior to any actions regarding the developer, questioning whether he should recuse himself.
Welch issued a five-page legal opinion two and a half years ago stating that Hayden had no conflicts of interest.
“Long before someone tried to make this an issue, I addressed it well in advance,” Hayden said.
Lamb also questioned a loan from Hayden’s company to Keystone Exploration for an agreement with landowners for a drilling site.
Hayden said he learned approximately a year ago that his company in the past had made a loan to an affiliate company of Keystone Exploration. Hayden stated he has never voted on any issues dealing with Keystone, and he added his voting record on urban gas drilling is clearly defined.
“If you look at my voting record regarding the oil and gas issue in Flower Mound, I’ve always put the safety of our residents first,” Hayden said.
Lamb said this, too, was never made public.
“It’s just the deception of all of it,” Lamb said.
The third complaint dealt with a text message Hayden sent to Lamb during a P&Z meeting March 28, 2011. Hayden said the message stated, “Whatever side Jody Smith is on is the wrong side.”
Fort said there was no violation there, either.
Hayden said Lamb knew about her concerns more than a year ago when she supported him for the council and believes she filed these complaints just before the upcoming election because Lamb is now a supporter of Northern.
“This is typical Flower Mound politics to assassinate someone’s character so they can help someone else keep their volunteer position,” Hayden said of Northern’s supporters. “This reflects more on other people’s character than it does mine.”
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