Kelty's possible dismissal on special meeting agenda

The Facts
By EMILY HANSON emily.hanson@thefacts.com
November 20, 2023 
Updated Nov 20, 2023

FREEPORT — City Manager Tim Kelty’s performance is scheduled to be discussed in executive session during a special Freeport City Council meeting called for Tuesday night, with his termination also on the table.

City Councilmen Jeff Peña and George Matamoros requested the special meeting late last week.

“The reasons I called the meeting with Jeff is I wanted to at least have the discussion,” Matamoros said. “I haven’t made up my mind on what I’m going to do yet.”

Peña did not return emails, phone calls or a Facebook message requesting comment on the meeting.

The discussion about Kelty follows the discovery of a $345,000 payment he authorized to the company the city contracted with for City Hall renovations.

The payment should not have been made, Kelty told The Facts last week, but happened because Covarrubias explained there was a seven-month lead time for large equipment needed to complete the renovations.

“The special called meeting is necessary for the Freeport City Council to address a very serious issue,” Kelty said in a statement Monday. “A couple of mistakes were made in this city hall renovation project. One, the execution of contract before performance and payment bonds were submitted, and two, the payment made to the contractor without getting the architect’s review and approval of that pay request. These both are serious mistakes on my part. As city manager I alone am responsible for these errors, and am working hard to resolve them, either by ensuring the contractor faithfully fulfills the terms of the contract, or seeking the recovery of funds paid, if he is unable to complete project as bid.

“I would add that it is offensive to me, intentionally malicious and libelous for anyone to characterize the issue as criminal or done under the cover of darkness in secret, with the intent to illegally enrich anyone.”

Per the contract between the city and Covarrubias, the contractor is responsible for providing a performance and payment bond to the city and is not allowed to do any work on the project until the city sends a notice to proceed to the contractor. Both documents are required before any work can be done or payments can be made.

“Tim knew that he gave them the money, but when he made a statement about that, he didn’t include that information,” Matamoros told The Facts last week. “This is an unfortunate situation for the city. There are protocols that should have been followed and were not.”

Although Peña frequently alludes to corruption in City Hall, Matamoros said he does not believe Kelty’s actions are corrupt.

“I believe it is something outlined in his contract that he can make payments,” Matamoros said. “With that amount, I think he maybe needed to come to council first. I do not believe it’s corruption at all.”

Mayor Brooks Bass declined to speak on the matter before Tuesday’s meeting.

“Personally, I have mixed feelings,” Councilman Jerry Cain said Monday. “I feel like Mr. Kelty has done a lot of good for the city but I do have concerns with how this particular contract has been handled.”

Councilman Winston Rossow did not return a call for comment.

Matamoros said the discussion might not happen during the meeting Tuesday because not everyone can be there.

“I stressed that if a decision is made, I want it to be the entire council,” he said. “I do take these allegations seriously, so if it meets the call to termination, it is something I will vote for.”

A closed session is included on the agenda. Part of that closed session is to consult with an attorney regarding Kelty’s terms of employment and potential litigation and to discuss the contract with Covarrubias and potential litigation.

The meeting is set to begin at 6 p.m. in council chambers at the Freeport Police Department at 430 N. Brazosport Blvd.