Hendler says city continues to ignore requests for information concerning procedural errors in election.

A letter to the City Secretary, Mayor Donna Arp and Brad Rice was hand delivered on Thursday May 30, 2001 putting the City of Colleyville on notice of planned litigation if requests for information continued to be ignored.  The ongoing dispute surrounds comments by an election official that "certain procedural" errors occurred during the recent city council election between Brad Rice and Richard Hendler.  SEE LETTER

When the May 5, 2001 election results were announced, Rice was the unofficial victor with 1,626 vote to Hendler's 1,625 votes. The media was barred from the recount of May 11, 2001, with only election officials and representatives of the candidates attending.  This time the votes changed with three more votes for Rice and one more for Hendler.  

The City Secretary, Cynthia Singleton has acknowledged that early ballot procedures differed from the Texas Election Code.

Hendler's attorney Steven Magee stated that he has asked for the names, phone numbers and addresses of all poll workers so he can interview them about how the early votes were tabulated.  However, he has only received a list of name of workers and city officials have not been forthcoming with a full explanation concerning the "improper procedures".

Hendler says the day before the recount that the City Secretary told him there were procedures not properly followed.  However, since that date, no additional information has been revealed.

Mr. Magee said that the Petition has been drafted and he is ready to proceed with filing in Tarrant County District Court against the City of Colleyville should no cooperation be forthcoming from the city.

He said that the letter delivered to Mayor Donna Arp was to asked for her assistance with city staff to have them cooperate with necessary disclosures and information as required by law. Magee said, "We hope Mayor Arp will use her influence to bring a fair closure to this matter."  Magee said that a "bunker mentality" by city staff can only result in citizens not having open and fair access to their city government.

Hendler's letter gives the city until Noon on Monday June 4th to respond. 

SEE DRAFT OF LAWSUIT