In Depth

The Mayor and City Council
We Sue The Citizens
The History of the Lawsuit

On June 5, 2009, one of the future members of the soon to be named “Friendswood 5” (Janis Lowe, Deborah Winters Chaney, Mel Austin, Kathy Rogers, and Leslie Roque) was informed by a concerned citizen of a notice, in the Houston Chronicle legal section, of a lawsuit that had been filed against the citizens of Friendswood on May 22, 2009. The City petitioned the Travis County Court: (1) to allow the Council to issue debt without a vote of the citizens in spite of a City Charter amendment of 1997 that says they cannot, and (2) to allow the Council to purchase vacant land for a sports ballpark outside of the City boundaries although State law says they can not. Further the lawsuit asks for damages to be paid by the same citizens who intervene in the lawsuit.

We confirmed it was true. A series of emails informed other citizens of the pending action. Demand was made on City Council members to inform the public of what they had initiated. Council, feeling pressured, scheduled a hurried Town Hall Meeting on June 11, 2009. The meeting lasted 4 hours. More than 150 citizens of differing opinions came forward and stated their concerns. Some asked for explanations. Some gave admonishment to the Council for their actions. Some said we needed ballparks. Some said we did not. Most agreed the Council should ask for the vote of people when they incur debt. The Citizens were threatened by Council members if they spoke out (intervened) against the Council lawsuit. Citizens were told they would be penalized by the award of all costs of the Court and all damages for delay of the projects.

The “Friendswood 5” agreed to try and make a difference for all Friendswood citizens. They agreed to show up in Court in Austin Texas on June 15, 2009.

They became “Intervenors” though they did not know what that meant or what was to happen. The Judge told everyone to come back on July 13, 2009 at 9am. (Court would subsequently be held July 14 at 2pm).

They did. But in the mean time, the "Friendswood 5" wisely hired an attorney to fight City Hall on behalf of all taxpayers. That attorney, Jack McKinley, with Ramey, Chandler, McKinley and Zito, presented testimony as did the Attorney for the City, Pat Mizell with Vinson and Elkins. The Judge has taken all testimony under advisement and will rule soon.

These 5 citizens have exhibited great courage and stayed focused to present their case despite many attempts on the actions of the City to remove them. They were served with a demand by the City to post a bond of $1,000,000 with the Court before they would be allowed to speak in Court. The City then filed a Motion with the Court to remove them because their filings were not timely. The 5 fought back. Later, both Motions would be withdrawn.

The "Friendswood 5" pay for legal representation out of their own pockets. Many citizens have come forward and donated to the One Friendswood Fund formed to help them. The 5 are still in need of donations to pay their unknown costs due to continuing court filings and rescheduling delays.

The "Friendswood 5" stay committed to "Make a Difference". There is much to be done regarding Friendswood tax payer's rights and freedoms on all levels of Government. The 5 will continue to bring awareness of all rights to all citizens.

On July 17th, the Judge ruled in favor of the citizens and ordered that the City of Friendswood take nothing. Here is the transcript of the trial that took place on July 14th.



Janis, Kathy, Mel, Leslie and Deborah
Profiles of Courage

Janis Lowe...A resident since 1951, Janis stays involved in community affairs. Janis served on City Council from 1993 to 1997. She was Chamber of Commerce Director from 1986 to 1990. As a small business owner of, J.Lowe Realtors Inc, a real estate brokerage firm, she continues to promote Friendswood as the very best place to live. She also promotes efficient and effective government. She served as Vice Chair of the National League of Cities Public Safety and Crime Prevention Committee. From a family of 8 children, (Dad was Mayor of Friendswood for 16 years), she is pleased her two sons, their wives, and her three grandchildren enjoy all aspects of Friendswood community life. Serving multiple terms on two local HOA boards, as well as one in Colorado, she stays busy and involved. A long-time supporter of the Chamber of Commerce, she is recognized for her continuing volunteer efforts. With Mel, Janis co-authored the 1997 Charter Amendment.

Deborah Winters Chaney...Married her husband Warren, 25 years ago this past June. They have five children together. They moved to Friendswood from California, (couldn't get out of that State fast enough!) in 1985, and were very involved in all FISD campuses and activities until 1998. Deborah received her A.A. Degree from San Jacinto College South in 1993 and once their youngest son began fourth grade at Bay Area Christian School, she went on to receive her Real Estate License. Since the year 2000, she has worked with Keller Williams Realty - Clear Lake/Nasa. She has served the last four years as Vice President of Programs for the Friendswood Republican Women's Group and is the Current Republican Precinct Chair for Precinct 484, as well as serving as a Delegate to the State Republican Convention in 2008. She is also an eight year member of the Nasa Kiwanis Club and the Friendswood Chamber of Commerce. For 24 years, she and her family have been members of Bay Area Christian Church in Webster.

Mel Austin...Mel and wife Sandy moved to Friendswood in 1990 and have committed themselves to community life. Mel volunteered his services to the first homeowners association where they lived and then would serve as President of the Condominium Association where they live now in 2000. Mel was elected to City Council in 1994 and served until 1997. As President of Corporate Computer Products Corporation, an Information technology service company, he devotes his time outside of business affairs to Sagemont Church Ministry and Special Olympics. With Janis, Mel co-authored the 1997 Charter Amendment to limit Friendswood Council's previous spending habits.

Kathy Rogers...Kathy and husband Pat moved to Friendswood in 1992 with their two children attending FISD. As a Sr Systems Analyst at GHG for 17 years, she has enjoyed working on NASA projects for a total of 27 years. She is President of Friendswood Republican Women and serves as Precinct Chair for Precinct 456 . She also was a Delegate at the State Republican Convention in 2008. She is Galveston County's GOP Assistant Secretary. She has taken the lead scholastically with her children and has volunteered at all of FISD's campuses as a PTO officer. Supporting "Exploration!" she has been the Science Fair Coordinator at Friendswood Jr High School for three years. She is also involved in the Mary Queen Catholic Church Altar Server Ministry. With a BA in Economics, and a BS in Computer Science from the University of California, Irvine campus, and a Master's Degree in Computer Science from University of Houston's Clear Lake campus in 1992, Kathy continues to share her expertise and volunteerism in many areas of community life.

Leslie Roque...Married to Edward F. Roque, DDS they moved to Friendswood in 1992 just prior to Ed's retirement in 1997. She looked forward to and now enjoys his peaceful retirement. Leslie enjoys life with four adult sons, two wonderful grandchildren and now one great grandchild! Leslie chose to participate in the new HOA for Friendswood Lakes in 2004. Her expertise in garnering communty service volunteers was immediately appreciated. Her talents were recognized and she served as Friendswood Lakes HOA Treasurer from 2004 to 2007. She volunteers for committee services for her subdivision needs. Still saying she is forever non-political, her interests remain with family, friends, and serving her community when she can. Leslie continues to enjoy coordinating a monthly Dinner Club with area friends.


Supporting Documents


LAWSUIT FILINGS:


NEWSPAPER ARTICLES/COVERAGE:


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