Thompson now not sure about city attorney vote

Steve Thompson

The brouhaha over the firing of Odessa City Attorney Natasha Brooks continues, but now Odessa City Council member Steve Thompson is second-guessing his vote against her termination because she’s now alleged to have asked city staff to backdate a conflict of interest disclosure form he signed.

Brooks was terminated by a 5-2 vote by the Odessa City Council without explanation on Dec. 13.

Now allegations are surfacing about Brooks that are related to a long-standing dispute between Thompson, City Council members Denise Swanner and Mark Matta and Odessa Development Corporation Board Chairman Kris Crow.

Click here to see affidavit.

Two weeks after Brooks was fired, 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.

It’s also been revealed Robert Carroll, a now deceased assistant city attorney, deleted the backdated document from the city’s website on Dec. 14, 2020.

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.

Attempts to reach Brooks were unsuccessful Saturday.

Thompson said he was shown Aguilar-Grimaldo and Enriquez’s affidavits by Interim City Attorney Dan Jones on Wednesday and was “shocked.”

Thompson said on the morning of Dec. 8, 2020, he told then City Manager Michael Marrero he would be abstaining from a vote that night involving his former company STA Benefits and the next day he signed a form acknowledging his conflict of interest at Brooks’ request.

While he questioned Brooks about the form being dated Dec. 8, Thompson said he was told that because he’d had the conversation with Marrero, it was OK.

“She’s a city attorney. She’s my attorney, OK, so I’m leaning on her advice,” Thompson said “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.

Now that he’s come to learn about the recent affidavits of Aguilar-Grimaldo and Enriquez and Carroll’s actions, he’s starting to question things.

Had he known Brooks asked the pair to do something illegal, Thompson said he might have voted to fire Brooks on Dec. 13.

He’s also wondering if there are things about Marrero he doesn’t know. Marrero was also terminated Dec. 13 without explanation by a 5-2 vote. And, just as with Brooks, he and Council member Gilbert Vasquez voted against the terminations.

“I don’t know (if I would change my vote) unless they come up with something. But yeah, I’m just in total shock about this whole deal because I knew nothing about it until Wednesday of this week. I knew nothing about it whatsoever,” Thompson said.

He got a copy of the computer log showing Carroll deleted his 2020 disclosure form on Friday, Thompson said.

City emails show the computer log was shared with Greg Barber, the first assistant Ector County District Attorney, on Friday.

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 was elected with just under 55% of the votes in District 2 in November 2020.

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, 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.

Crow, as recently as Saturday, was continuing to cast aspersions on Thompson.

“I continue to believe that there is a major conflict of interest and a major ethical violation for any sitting council member’s family to receive a city contract worth thousands and thousands of dollars. Also, as recently reported there seems to be an abundance of proof that Mr. Thompson, former City Manager Michael Marrero and former City Attorney Natasha Brooks worked to falsify state required conflict of interest forms to try to protect Mr. Thompson. I suppose Mr. Thompson thinks this doesn’t rise to the ‘hint of impropriety’ standard he espouses for others.”

In an interview after the Jan. 10 meeting, Thompson said the late Darrell Wells, who was the city’s risk management director, liked that STA Benefits did not charge commission for its services. Instead STA Benefits charges the city a fee based on the number of covered employees. That fee is per person per month and works out to about $30,000 a year, Thompson said.

Contracts under $50,000 do not require a council vote, Thompson said.

Thompson also said that because STA Benefits charges a fee, when insurance premiums go up, STA Benefits does not get additional money, unlike brokers that get a commission, Thompson said.

In addition, STA Benefits is part of a company called National Financial Partners, which probably has 1,000 partners across the nation, Thompson said. That gives his son access to the “biggest, best companies out there” and great purchasing power, he said.

It also helps him find insurance companies willing to provide coverage to first responders and retirees, which can be difficult and expensive, Thompson said.

The Odessa American filed a Texas Public Information Act request with the City of Odessa on Jan. 17 asking for a copy of STA Benefits’ latest contract, a list of all bids submitted by insurance companies through STA Benefits since 2012 and a list of all insurance companies awarded bids since 2012. It is still pending.

Although Thompson now has serious questions about Brooks, he wonders about the timing of Aguilar-Grimaldo and Enriquez’s affidavits. He suspects Mayor Javier Joven, Swanner, Matta and Crow are still working to discredit him because they believe he’s part of the “good ‘ol boy network.”

He also suspects they are trying to find a reason to not pay Brooks her severance pay, which equals her annual salary of $185,400.

Tim Edgmon, who was recently replaced on the ODC board, said last week he also believes the continuing allegations about STA Benefits shows the group harbors ill will toward Thompson.

Edgmon, a managing director for Higginbotham Insurance, confirmed Thompson’s statement that STA Benefits is likely saving the city money by not seeking a commission.

He once sought to become the city’s insurance broker, but backed out.

“I think the chances of us finding someone to do a better job for less was not there and that’s why we backed down,” Edgmon said. “Agents can go in there and see we’re not gonna beat the price.”

Back when Russell was dismissed from the ODC, he blamed Edgmon.

Russell said he didn’t file conflict of interest papers in a timely manner because he thought Edgmon, who was ODC chair at the time, would’ve told him to – had it been necessary.

Edgmon said he provided Russell all of the information he needed when he first joined the board.