The City of Pilot Point is suing a resident who launched a recall petition of a city council member.
The recall started straightforward enough, but has since taken a turn through legal action, which worries several other residents who say the city is vindictively targeting citizens for expressing their First Amendment rights.
“Recall elections in Texas are a procedure by which citizens of a city can remove an elected official from office before that official’s term in office has ended. Texas recall elections are only available at the municipal level in cities with their own charter, also called home-rule cities,” Texaspedia website states.
Kelley Burgess, a Pilot Point resident, submitted a recall petition with required signatures from residents of Pilot Point on Councilwoman Elizabeth Jones. Burgess is accusing Jones of mishandling her position as a councilwoman.
“Please be advised that I submit this Petition of Recall for Councilwoman Elizabeth Jones, elected to represent Position 4 on May 7, 2022. Myself and the attached signers demand her immediate removal from the position as Councilwoman for the City of Pilot Point or the setting of a special election for her recall,” the petition read.
Kelley’s petition stated her reasons for wanting a recall Jones.
“Elizabeth Jones committed two acts of misconduct by accepting payment from the city for the use of her venue, Lizzy Gator’s Venue (aka Lizzy Gator’s, LLC) conducting business at 12222 Massey Rd, Pilot Point, TX 76258 (see attached invoices). This abuse of her office is a gross act of misconduct and a violation of her fiduciary duties to the taxpayers of our city. She has lost the confidence and the trust of the citizens of Pilot Point because of her clear conflict of interest and abuse of position as a member of our city council,” the petition read.
Burgess petition also mentioned the second reasoning being her “general misconduct and behavior unbecoming of City Council member.”
However, two months after submitting the petition, the city of Pilot Point filed a lawsuit against Burgess, arguing that the petition did not trigger an obligation for the City of Pilot to order a recall election.
“The CITY OF PILOT POINT, TEXAS (“Plaintiff” or the “City”), a home-rule municipal corporation of the State of Texas, petitions the Court pursuant to its City Charter for a declaration pursuant to Chapter 37 of the Texas Civil Practices and Remedies Code that (i) the petition for the recall of Councilwoman Elizabeth Jones was deficient and does not satisfy the requirements of the Pilot Point City Charter; and (ii) the petition for the recall of Councilwoman Elizabeth Jones did not trigger an obligation of the Pilot Point City Council to order an election for the recall of Councilwoman Elizabeth Jones,” the lawsuit stated.
Burgess pushed back and said that she procured the required signatures, which were 96, or 25% of the votes Councilwoman Jones got in her last election. The petition got 104 verified signatures, according to Burgess.
“I got the required signatures. The city secretary verified the signatures. It was accepted by the city council,” Burgess told DX.
Burgess told The Dallas Express that she has had to spend thousands of dollars to fend off the City’s lawsuit.
“This is simply retaliation,” Burgess said.
Burgess also said that the only elected official who is supporting her recall election is Mayor Elisa Beasley.
“The mayor is 100% behind me because she’s for transparency,” Burgess told DX.
Some in Pilot Point agree that City officials are using the lawsuit as a form of retaliation.
“In Pilot Point, Texas, when the people voice their opinions, they deserve to be heard and respected, just as much as those who own the big ranches and businesses that the city values. The will of the people is paramount. If the City Council finds it too cumbersome to address issues that are clearly outlined in the charter, perhaps they are not fit to hold their positions. It’s time for the council to bring their actions into the light rather than hiding behind legal maneuvering. The City Council is in the wrong, and they know it,” former City Councilman Aaron Rocha told DX.
Pilot Point Mayor Beasley is also concerned and appalled that the council chose the route of taking legal action against a resident for exercising her freedom of speech.
“As a community, we are in a very heartbreaking place. Where I understand that this council is trying to seek more information, I believe that there are other ways to obtain their final goal. It is unfortunate that this is the route this council has decided to take. For me, I believe in the power of the people and stand against infringing on any Americans’ First Amendment right. Never would I have imagined this community would be involved in bringing legal action against any citizen. These are sad days for Pilot Point,” Beasley told DX.
The Dallas Express reached out to Pilot Point Councilmembers Brian Heitzman, Everett Cummings, Ray Dane, Elizabeth Jones, Chad Major, and Andrew Ambrosio. They did not comment.