Complaint filed against former city attorney

Odessa City Councilmember Denise Swanner has filed a formal complaint with the Texas State Bar accusing former City Attorney Natasha Brooks of backdating fellow City Councilmember Steve Thompson’s conflict of interest forms.

Swanner filed the complaint Monday at noon through the bar’s online grievance procedure.

She wrote: “Ms. Brooks appointment as the City Attorney for the City of Odessa was recently terminated and a new interim City Attorney was appointed by City Council. Upon his appointment the interim City Attorney discovered evidence that several official forms had been backdated by City staff under the direction of Ms. Brooks in her capacity as City Attorney. The interim City Attorney began an investigation and he obtained sworn affidavits from the City Secretary, a notary public in the city legal department and from Mr. Steve Thompson, a sitting City Councilman, detailing how Ms. Brooks had instructed them to backdate a Conflict of Interest disclosure from Mr. Thompson after a local reporter had requested the disclosure form.”

Swanner attached Thompson’s affidavit on the matter.

Claire Reynolds, public affairs counsel for the Office of the Chief Disciplinary Counsel, said she couldn’t confirm a complaint had been filed.

“Disciplinary matters are confidential unless they result in a public sanction or are filed in district court,” she said via email.

A message left at the phone number listed for Brooks on the complaint form was not returned.

Brooks and City Manager Michael Marrero were terminated without explanation Dec. 13 by a 5-2 vote of the Odessa City Council.

It was revealed last week, however, that in late December City Secretary Norma Aguilar-Grimaldo and Notary Public/Legal Assistant Naira Enriquez both signed affidavits stating that on Dec. 9 or Dec. 10, 2020, Brooks instructed them to either file stamp or notarize a conflict of interest disclosure statement signed by Thompson with a Dec. 8, 2020, date.

According to Texas law, it is a misdemeanor crime for a notary public to backdate documents, but there is a two-year statute of limitations.

In an interview last week Thompson said he was instructed to sign the backdated affidavit by Brooks, but he also said Interim City Attorney Dan Jones was present as well, which contradicts Swanner’s version of the events. He said he thought other attorneys were there, too, but could not recall whom.

Other sources, who requested anonymity, also confirmed Jones was in the room as were two other attorneys.

Thompson said he was told it was OK to sign the document because he had informed Marrero about his association with STA Benefits and the fact on Dec. 8.

When Jones showed him the recently signed affidavits from the city staff members, he was shocked, he said.

He signed the affidavit on Brooks’ advice in the presence of other city attorneys, but he had no idea Brooks would instruct city staff to backdate documents, Thompson said.

“She’s a city attorney. She’s my attorney, OK, so I’m leaning on her advice,” Thompson said last week. “I trusted people. I trusted people who are supposed to know. It was the first time I’d been involved in politics like this and I’m following her lead and she’s supposed to be keeping me out of trouble. “

Thompson said he signed another conflict of interest disclosure form at Brooks’ request on Dec. 11, 2020.

District Attorney Dusty Gallivan said he could neither confirm nor deny his office has been asked to investigate the backdating of the disclosure forms.

Thompson said he was a newly elected council member at the time he signed the affidavits.

INSURANCE ISSUES

On Dec. 8, 2020, city staff placed on the consent agenda a contract with the Standard Insurance Company for group life insurance, AD&D coverage and retiree life insurance. Standard Insurance had been recommended to the city by STA Benefits, an insurance brokerage firm that has a contract to find insurance companies for the City of Odessa.

Minutes for the meeting show Thompson abstained from the vote saying he used to own STA Benefits and his son was the current owner.

Then Mayor David Turner and then council members Michael Shelton, Detra White, Tom Sprawls, Mari Willis and Peggy Dean approved the contract.

In December 14, 2021, Standard’s contract, which was again on the consent agenda, was renewed by White, Sprawls, Willis, Mayor Javier Joven and Denise Swanner. The minutes show Thompson again abstained.

In January 2022, Odessa Development Corporation Board member Jeff Russell was removed from the board by a 4-3 vote by the city council because there had been allegations made by Thompson that Russell had discussed an item despite having a conflict of interest.

Swanner, Council member Mark Matta and fellow ODC member Kris Crow argued strenuously against Russell’s ouster alleging STA Benefits benefited from the contract signed Dec. 8, 2020, and Thompson did vote for the contract. They alleged Mayor Turner amended the minutes of the meeting afterward.

For weeks after Russell’s dismissal, Crow stood before the city council and demanded Thompson’s resignation. He noted that the Texas Secretary of State listed Thompson as the president of the company.

However, Thompson has repeatedly said STA Benefits does not provide insurance coverage and did not receive compensation as a result of the vote in December 2020 and a later vote in December 2021. Rather, he said, it has a contract with the city to shop around for insurance coverage on behalf of the city.

He also adamantly denies allegations that STA Benefits received “six figures” as a result of the December 2020 and December 2021 votes. STA Benefits receives $30,000 annually as a result of its contract with the city, he said.

On Jan. 10, Crow, without mentioning Thompson’s name, told the council STA Benefits has been the city’s insurance broker for 29 years and the job hasn’t been put up for bid in all of those years.

An October 2015 letter signed by Darrell Wells, a now deceased risk management director, confirms STA Benefits is paid based on the number of insured employees and does not receive a commission.

Another STA Benefits document received by the Odessa American under the Texas Public Information Act also outlines what insurance companies did and did not bid on contracts with the City of Odessa from 2016 through January 2021. The document also showed which companies provided rate guarantees.

During recent meetings, council members questioned why Standard Insurance received a three-year contract when one-year contracts are the norm. City staff and the document obtained by the OA explained Standard Insurance guaranteed their rates for three years and their monthly premiums were lower than Hartford, which was only guaranteeing their rates for one or two years.