Kennedale Investigation Report

We took the .pdf Investigation Report and convert to text (far from 100% perfect). We will continue to make improvements as time permits.

B LEWIS BRISBOIS LEWIS BRISBOIS BISGAARD & SMITH LLP William S. Helfand 24 Greenway Plaza, Suite 1400 Houston, Texas 77046 Bill.Helfand@lewisbrisbois.com Direct: 832.460.4614 August 13, 2025 ATTORNEY-CLIENT PRIVILEGED & CONFIDENTIAL PRIVILEGED FROM DISCLOSURE--TEX. GOV. CODE 552.107(1)¹ VIA E-MAIL Carvan Adkins Taylor, Olson, Adkins, Sralla & Elam LLP City Attorney City of Kennedale, Texas cadkins@toase.com Re: Initial report of investigation regarding Bryant Griffith's complaint Dear Carvan: File No. 50581.3 This correspondence provides our report of our investigation and legal analysis of Bryant Griffith's complaint. Introduction Bryant Griffith is a former City of Kennedale councilman. The City appointed Griffith to a vacant council position in July of 2023. Griffith ran for reelection in May of 2024, but lost to Councilman Chris Gary. On or about April 28, 2025, Griffith submitted a written complaint to the City alleging misconduct by Councilman Gary, Councilwoman Thelma Kobeck, and Mayor Brad Horton. According to Griffith, Griffith observed what he called a lack of accountability amongst public officials. Griffith claims he observed that people were afraid to speak up against these officials. Griffith had previously filed complaints with the Texas Ethics Commission ("TEC") with some of the same or similar allegations, but Griffith reported he was "disappointed" about how the TEC 1 The factual investigation was conducted by attorneys retained by the City to provide legal advice, including within this report. The report is privileged, work product and attorney-client information. The report should not be disclosed other than the City Attorney may deem appropriate to maintain privilege. ARIZONA CALIFORNIA COLORADO CONNECTICUT DELAWARE FLORIDA GEORGIA ILLINOIS INDIANA KANSAS KENTUCKY LOUISIANA MARYLAND MASSACHUSETTS MINNESOTA MISSISSIPPI MISSOURI NEVADA NEW JERSEY NEWMEXICO NEWYORK NORTH CAROLINA OHIO OREGON. PENNSYLVANIA RHODE ISLAND TENNESSEE TEXAS UTAH VIRGINIA WASHINGTON WASHINGTON D.C.• WEST VIRGINIA 160496904.2 Carvan Adkins August 13, 2025 Page 2 handled his complaint. Griffith's complaint allegations are as follows: Mr. Griffith alleged Mayor Horton, Councilman Gary, and Councilwoman Kobeck violated open records laws and proper file retention practices. Specifically, Giffith alleged Mayor Horton cleared the data in a city-issued cell phone before returning the cell phone to the City.2 Griffith further alleged Mayor Horton submitted a false official statement in the form of a sworn statement claiming Mayor Horton did not use a personal device for communications as a City Councilman. Giffith alleged the sworn statement is false because Griffith had a discussion with Mayor Horton via text messages in July of 2023 regarding the City budget. Mr. Griffith alleged Mayor Horton, Councilman Gary, and Councilwoman Kobeck used their private social media pages to conduct City business. Further, Griffith alleged Mayor Horton, Councilman Gary, and Councilwoman Kobeck posted and deleted portions of their public social media profiles or made their posts inaccessible to certain members of the community. Mr. Griffith alleged Mayor Horton, Councilman Gary, and Councilwoman Kobeck falsified their campaign financial reports and failed to amend financial reports by failing to report inkind services or direct contributions from the Save Kennedale PAC. Mr. Griffith alleged Mayor Horton, Councilman Gary, and Councilwoman Kobeck's financial reports were intentionally insufficient, and the spending in the January 2025 reports were intentionally delayed to defraud the public. Mr. Griffith also claimed Mayor Horton, Councilman Gary, and Councilwoman Kobeck coordinated their campaign efforts with Gilley and Matt Armstrong, a political consultant. Mr. Griffith alleged Mayor Horton failed to repudiate false information about his political opponents as required by the Code of Fair Campaign Practice. Mr. Griffith alleged Councilman Gary failed to disclose a conflict of interest during a City council vote on the Enclave zoning change request. Mr. Griffith alleged Councilman Gary asked City Manager Hull to issue a certificate of occupancy without proper inspections for Southwest Ambulance Sales LLC, alleging Councilman Gary is friends with Paul Cartusciello, the owner of Southwest Ambulance Sales LLC. According to Griffith, Cartusciello has a role in backing a political slate of political candidates who Councilman Gary also supports. Mr. Griffith alleged Councilman Gary used his position on city council to influence the outcome of a Chapter 380 agreement between Southwest Ambulance Sales LLC and the City, which was unanimously approved by council. Mr. Griffith alleged Mayor Horton threatened Griffith. Specifically, Griffith alleged Mayor Horton related the following messages to Griffith through City Manager Darrell Hull: (1) "[i]t 2 As reported to Griffith by the previous City Secretary. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 2 of 31 Carvan Adkins August 13, 2025 Page 3 at would be a shame if he were audited by the IRS if he doesn't back off;" (2) "[i]f you don't back off, you'll catch a silver bullet;" and (3) "[i]f you don't play nice, we will replace you." Mr. Griffith alleged Mayor Horton used his influence as mayor to ask the president of the Kennedale Chamber of Commerce, Joe Taylor, to stop the Chamber's annual elections and remain president. Mr. Griffith alleged Mayor Horton attempted to violate the City charter by hiring a former councilmember, Austen Degenhart as a consultant for the City. Summary As detailed above and discussed in greater detail below, Griffith alleged that, over a course of least two years Mayor Horton, and at least a year as to Councilman Gary and Councilwoman Kobeck, Councilman Gary, and Councilwoman Kobeck violated the Texas Public Information Act, falsified campaign financial reports, engaged in unfair campaign practices, used their political positions to exert undue influence on individuals in Kennedale, and violated the City Charter. The evidence does not confirm that Mayor Horton, Councilman Gary, and Councilwoman Kobeck actually committed any actionable offense in violation of the City Charter or any Texas statute. Evidence We interviewed the following individuals: 1. Bryant Griffith 2. Darrell Hull Complainant/former City council member 3. Thelma Kobeck Councilmember City Manager 4. Brad Horton Mayor 5. Chris Gary Councilmember 6. Jeff Nevarez Councilmember We reviewed the following documents: 1. ТEС complaint documents: March 11, 2024 complaint no. SC-32403202 before the Texas Ethics Commission. March 14, 2024 dismissal of complaint no. SC-32403202. August 15, 2024 complaint no. SC-32408451 before the Texas Ethics Commission. August 20, 2024 dismissal of complaint no. SC-32408451. April 8, 2025 complaint no. SC-32504130 before the Texas Ethics Commission. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 3 of 31 Carvan Adkins August 13, 2025 Page 4 April 16, 2025 dismissal of complaint no. SC-32504130. 2. Letters from Mayor Horton • February 2, 2024 letter from Brad Horton regarding the request for text messages. December 29, 2023 letter from Brad Horton to Judge Tim O'Hare. 3. Election marketing documents: • Save Kennedale PAC flyers. • Text messages paid by Save Kennedale PAC to vote for Horton, Kobeck, and Gary. 4. Various social media posts from Griffith, Mayor Horton, Councilman Gary, Councilwoman Kobeck, Ryon Ray, Sara Johnson, and others. 5. Campaign finance reports: • Horton's April 4, 2024 campaign finance report; Mayor Horton reported Rockie Gilley contributed $125 to Mayor Horton's campaign. 이 Horton's April 8, 2024 campaign finance report; Mayor Horton reported Gilley contributed $125 to Mayor Horton's campaign. Horton's April 26, 2024 campaign finance report; Mayor Horton reported Gilley contributed $125 to Mayor Horton's campaign. Horton's June 11, 2024 correction/amendment affidavit for financial report: Mayor Horton entered $940.61 total expenditures instead of $961.40. Horton's July 11, 2024 campaign finance report; Mayor Horton did not report any expenditures for Valor Strategies. Horton's January 13, 2025 campaign finance report; Mayor Horton reported $1,224.56 expenditures to Valor Strategies. Gary's April 4, 2024 campaign finance report; Councilman Gary reported Gilley contributed $125 to Mayor Horton's campaign. Gary's April 8, 2024 campaign finance report. Gary's April 26, 2024 campaign finance report. Gary's July 8, 2024 campaign finance report; Councilman Gary reported $208.32 as total political contributions. Gary's May 20, 2024 correction/amendment affidavit; Councilman Gary corrected the categorization of contribution and expenses. Gary's January 8, 2025 campaign finance report; Councilman Gary reported $700 expenditures to Valor Strategies. Kobeck's April 4, 2024 campaign finance report. Councilwoman Kobeck reported Gilley contributed $125 to Councilwoman Kobeck's campaign. Kobeck's April 11, 2024 campaign finance report. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 4 of 31 Carvan Adkins August 13, 2025 Page 5 Kobeck's April 26, 2024 campaign finance report; Councilwoman Kobeck reported expenditures for sending Campaign-related text messages. Kobeck's June 7, 2024 campaign finance report. Kobeck's July 15, 2024 campaign finance report. Kobeck's January 15, 2025 campaign finance report; Councilwoman Kobeck reported $1,224.56 expenditures to Valor Strategies. 6. Others. • Chad Wandell's investigation files on Mayor Horton, Councilman Gary, and Councilwoman Kobeck. Mr. Wandell's file includes financial reports, social media posts, and campaign marketing materials. Mr. Wandell also created an excel spreadsheet detailing and comparing each individual's campaign finance expenditures and contributions. Bryant Griffith a a On June 13, 2025, Lamisa Chowdhury interviewed Bryant Griffith. Mr. Griffith served as councilman for the City from July 2023 to May of 2024. The City council appointed Griffith to vacant seat after the resignation of a previous councilman. Councilmembers Kenneth Michels and Jeff Nevarez voted in favor of appointing Griffith. Former councilman Gilley and Mayor Horton, who was a councilman at the time, voted against appointing Griffith. Mayor Jan Joplin broke the tie by voting in favor of appointing Griffith. Mr. Griffith ran for reelection in May of 2024, but he lost the election. Mr. Griffith continues to be involved in city politics after May of 2024. Mr. Griffith reported that other members of the public - Sara Johnson, Jan Joplin, Joe Taylor, James Connor, and Ryon Ray - share Griffith's concerns. While Griffith was a councilmember, a citizen submitted an open records request for all communications between Mayor Horton and certain other individuals. According to Griffith, in response to the open records request, Mayor Horton submitted a written statement stating he had not used his personal communication device for City business. Mr. Griffith contends this is a false official statement because Griffith had previously texted with Mayor Horton regarding the City budget. Griffith provided us a copy of the following text messages: LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 5 of 31 Carvan Adkins August 13, 2025 Page 6 8:04 Awesome - welcome back. Yes-I would be happy to! As for budget questions/issues would create a quorum issue because I haven't talked about them to anyone outside of Jan so we should be good there ere. utntice fihan oon as youre av Yeahgoyernmental entities is an entirely different ballgame, but I have some basic knowledge LOL. Yeah that sounds great. Just let me know what works for you and we can meet up +Text Messag 1:45 BH Brad trainings - just time consuming and busy Dec 16, 2023 at 10:33AM Sun, Mar 9 at 10:38 PM Delivered Text Message SMS 3 Griffith reported that Mayor Horton, Councilman Gary, and Councilwoman Kobeck were using their personal social media profiles to make comments on City issues. Griffith reported he, and his friend Johnson,4 cacan no longer find several posts by Mayor Horton, Councilman Gary, and Councilwoman Kobeck.5 Specifically, Griffith reported Mayor Horton targeted a local business called Trash Magic Alchemy by posting "hate comments" about the business, and stating the business 3 The text exchange is dated July 22, 2023. 4 Although Sara Johnson is not and never has been a public official, Johnson is apparently quite active in the Kennedale community and she actively voices her opinions which are generally negative toward Mayor Horton, Councilman Gary, and Councilwoman Kobeck on social media. 5 Although Griffith has not provided copies of these social media posts, we were able to locate the post about Trash Magic Alchemy. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 6 of 31 Carvan Adkins August 13, 2025 Page 7 promotes the practice of witchcraft and does not belong in the City. Griffith reported he could not access the posts because Mayor Horton hid the posts from Griffith, but other members of the community reportedly saw the posts and, informed Griffith of their consent. Notwithstanding Griffith's contention the Mayor had hidden the post, we were able to locate it below: Kennedale Mayor Brad Horton - Follow February 9. Friends and Fellow Citizens, It has been brought to my attention that a store promoting witchcraft and/or dark arts, has or is, about to take root in the City of Kennedale! While I have been in communication with our city manager today, I am disgusted at how this has slipped through the cracks. For the umpteenth time, I take full responsibility. However, rest assured my friends, we will get to the bottom of this along. This type of nonsense is not conducive to what we are as a people or where we want to go! I would close by asking that you pray for our city and our city's leaders (especially myself)! Stay tuned! #kennedaletx #kennedaletx #prayers- in Kennedale. Griffith alleged Councilman Gary and Councilwoman Kobeck deleted social media posts which showed the councilmembers' connection with Matt Armstrong. Griffith provided screenshots of the following posts: Brad Hartan for Kannedalo Mayar 10:21 12:56 < MattArmstrong Chis Gary is with Clris Gary Kennedalo Kennedalo Mayor Brad Horton's post Friends and felloa etizeas Congratulations ea Kobeck massive rumoff victory le by a margin of B2% to 18% lateness of the post. Let me say this. Kennedale Mayor Brad Horion dale neghbors! le Mayer Anon Kennedal Mayor (Brad Brad Horto Gar I want to clent something up regarding the TG eplace next May #winning about bringing TGAA10 freser Like Sened Share s that I know for 2. TOAA History in2 All commen Thetna Lea Kobeck Like 200 Matt Armste Kobeck proud of you Ard yos, the C et approved Like 10 to the is bevg croulyt 6. FoltcadAs: ne have criticized my poiteal associations, suggesting gutt by associatins. Camment as Bryant don't bshive l aisokoep healing thero's af at this cdark nt cutside monny th or those associote simpiy net true, Sit were lth An on me a "can-do arried with me all thr rus lo do exattly that! May Matt Armstrong is a founder of the Texas Government Accountability Association ("TGAA"), a nonprofit organization with the stated goal of increasing governmental ethics and transparency. Mr. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 7 of 31 Carvan Adkins August 13, 2025 Page 8 Griffith first learned about the TGAA when Griffith received an email from Armstrong. Mayor Horton, who was a councilmember at the time, and former councilman Gilley were reportedly in favor of the City entering into a contract with the TGAA. According to Griffith, the proposed contract from TGAA delegates the City council's legislative authority to the TGAA. According to Griffith, Gilley was on the board of directors for the TGAA when Gilley asked the council to put the TGAA contract on the council's agenda for a vote and discussion. When Griffith learned of this, Griffith asked Gilley to recuse himself. According to Griffith, Gilley refused to recuse himself from the issue. According to Griffith, when Armstrong presented the TGAA to the council at a council meeting, the discussion amongst the councilmembers became heated. As a result, Joplin, who was the mayor at the time, asked the council to continue the TGAA discussion at an executive session. According to Griffith, Gilley approached Councilman Nevarez and physically threatened Councilman Nevarez before or during the executive session. At the time, Griffith was not familiar with the TGAA because it was only Griffith's second time attending a council meeting after his appointment in July of 2023. Following that meeting, Griffith researched the TGAA and Armstrong. According to Griffith, Armstrong holds the title for the highest fines assessed by the TEC. Griffith reported Gilley was extremely active in the past election cycle in 2024. According to Griffith, Gilley promoted a slate of candidates who if elected, committed to support the TGAA contract in a council vote. Griffith reported Mayor Horton, Councilman Gary, and Councilwoman Kobeck did not post the payments their campaigns made to Armstrong until a year after their campaigns. Notably, Griffith admitted although this timing is not illegal, but reported it appeared to him as immoral or unethical. According to Griffith, the requirements to post campaign financial documents should be reformed. Mr. Griffith provided the following messages as evidence of Armstrong's affiliations with Mayor Horton, Councilman Gary, and Councilwoman Kobeck: 6 Amanda Hollins, Bobby Goff, and Megan Burns, also known as the "BAM Slate." None of these candidates won the election. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 8 of 31 Carvan Adkins August 13, 2025 Page 9 12:56 < Chris Gary is with Chris Gary - Konnedale City Council Place 4. Mar 29- Kennedale neighbors! I want to address the false claims made by the Anonymous Patriot/Participant regarding my intentions. If you have any questions, I'm happy to answer themjust send me your contact detas. 1. TGAA Allegations- To my knowledgo, none of the current candidates have spoken with TGAA or Matt Armstrong about bringing TGAA to Kennedale. Claims that they are in debt or have already made plans are reckless and untrue. If anyone has proof, bring it forward. 2. TGAA History in 2023-1 have looked into TGAA'S dealinas in 2023, and the outcome was not favorable for either side. Any council members involved should speak openly and honestly about what happened. 3. No Involvement with TGAA -I have never been approached by Matt Armstrong or TGAA about their program, oversight, or impact on Kennedale. If yoп have proof otherwise, show it. 4, Valor Strategies PaymentI paid the full invoice of $1,224.56 for print materials on 8/16/24. Matt Armstrong assisted with materials, but no discussions or commitments were made regarding TGAA. 5. No PAC Funding-I have never accepted money from a PAC-directly or indirectly. If you claim otherwise, prove it. 6. Political Associations - Some have criticized my political associations, suggesting guilt by association. 1 Matt Armstrong Jun 15, 2024 Congratulations to Thelma Lea Kobeck for her massive runoff victory in Kennedale by a margin of 82% to 18% With this victory, Kennedale has a new Mayor (Brad Brad Horton) and two new council members (Chris Gary and Thelma) We did it Rockie Gilley! Never had a doubt brother and we will replace the other 2 next May! #winning Like Send Share 006 All comments Tholma Lea Kobeck Thank you! 39w Like 200 Matt Armstrong Thelma Lea Kobeck proud of you 39w Like 10 Ο Comment as Bryant... GE LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 9 of 31 Carvan Adkins August 13, 2025 Page 10 10:21 35m < Kennedale Mayor Brad Horton's post Kennedale Mayor Brad Horton Apt 12- I want to clear something up regarding the TGAA. First, I've gone through and "I believe" have retrieved all of my correspondence with TGAA representatives, which is attached herein, Ithink you'll see that other previous and current members of the council have also been in contact with the organization. I'm also quite certain other council members, including a former mayor, hive also met with representatives of the organization and have discussed bringing TGAA to Kennedale; pernops numerous timos. In fact, the ovy two cauncil members that I know for certain who have NOT met with representatives of the TGAA with the intention of bringing the policy to the City of Kennedale are Chris Gary and Thelma Kobeck. Then, making accusations against political candidates for trying to conspire and bring TGAA to Kennedalo is also not true. Truth be known, these candidates probably don't know much, if anything, about the TGAA othor than whatover is being circulated on social media. But yes, I have met with TGAA representatives several times over the past few years. And yes, back in 2023, was in support of bringing it to the City of Kennedale. Obviously, the policy didn't get approved at that time. Since then, I've been accused of bringing it to Kennedate for a year. Well, where is it? While I do get correspondence, and I have met with these guys several times, that doesn't mean I'm going to act on it. In my opinion, while I do think there are some very good aspects to the TGAA, I don't belleve it's right for our eity. Knowing what I know new. I believe we're teo small for it to be effective, and perhaps most importantly, our citizens don't want it. I also keep hearing there's all of this dark money and outside money that I've allegedly accepted from TGAA or those asseciated with the organization. That's also simoly npttrue. twere. WOLEN DE in Auousta. A Brad Horton for Konnedalo Mayor 16hFriends and fellow citizens I apologize for the lateness of the post. Let me say this. First, I do want to congratulate Jan Joplin Kennedale Mayor on a very hard fought and competitive race. Hats off to Mayor Joplin for her many years of service to the City of Kennedale. And friends, please forgive me for not being able to name everyone, but I want to personally thank you all for your support, especially: My running mates: Councilman-Elect Chris Gary, and Thelma L.. Kobeck. Former Mayor Brian Johnson, Former Mayor Robert Mundy, Former Mayor Linda Rhodes, and Former Mayor Hollis MatthewS. Formor Council Members: Rockie Gilley, Dr. Mike Walker, James Connor (who I do expect to re-enter Kennedale pelitics very seon), and Austin Degenhart. I would also like to thank my friends Matt Armstrong, Dr. Ted and Mrs. Oleta Krum, Ms. Betty Usry, Garrison and Krista Lewis, Mr. Bobby Goff, Christina Husfeld, Adrian and Melanie MacDonald, Matt and Jessica Buchanan, Kyle Fletcher, and so many others. Friends, let me closo with this: We have our work cut out for us. We have numerous challenges that we must face head on: infrastructure, flooding and erosion, property taxes, and bringing in sustained business growth just to name a few. But you know what? I like our chances.... I like our chances because of each and every one of you. When my famity first moved to Kennedale, not only did you all make me feel at home, but you also impressed upon me a "can-do" and "let's roll up our sleeves" attitude to accomplish anything and everything that may come our way that I've carried with me all through my adult life. The time is now for us to do exactly that! May God Bless You All! Mr. Griffith also provided a copy of the email below, in which Mayor Horton requested Armstrong's opinion on how to best handle purported harassment from Sara Johnson.7 7 Sara Johnson actively posts messages about Mayor Horton, Councilwoman Kobeck, and Councilman Gary on Facebook, dozens of which are public posts. Mr. Johnson also frequently emails Mayor Horton and Councilwoman Kobeck regarding some of the allegations of ethics violations in Griffith's complaint. Mayor Horton reported Johnson has sent Mayor Horton at least 100 threatening emails. In her Facebook posts and emails to Mayor Horton and Councilwoman Kobeck, Johnson expressed concerns to the level of what could even be characterized as paranoia about "outsiders" taking over Kennedale. Ms. Johnson's Facebook posts and emails can be best described as monologues about Johnson's fears and suspicions about the political climate in Kennedale. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 10 of 31 Carvan Adkins August 13, 2025 Page 11 From: Matt Armstrong Sent: To: Cc Subject: Friday, January 31, 2025 4.09 PM brad horton Chhris Gary Re: Ridiculous Situstion CAUTION: This emall originated from outside of the organization. Do not click links or apen attachments unless you recognize the sender and know the content is safe. I will connect you with the Editor of the Dallas Express and they will likely publish it and are a friendly, conservative paper On Fri, Jan 31, 2025 at 3:15 PM brad horton shp Hey Matt, wrote Long story short, Chris, Thelma, and me have been getting whhat I would call threats a.id harassment since we took office from this nut job Sara Johnson. Ifer son is also a worry as he roams the streets 24/7 and you can tell he's got screws loose. She emails stuff like "I'm watching you," "you wont survive me," etc. l've received almost 60 emalls from her sincel took office and there are hundreds of rants on Facebook. This has been reported to KPD repeatedly since July 2024. They won't do shit. Also, we know that Jeff Nevarez, Kenneth Michels, and very likely Darrell Hull are behind it. Then this past Wednesday, she asks if someone will "train station" us. So naturally, I lost my shit. Then, fast Wednesday, the police chief laughs it off when Chris reporter jt to him. Chris and I both called the Texas Rangers yesterday. Then about an hour after we did that, I get a call from Darrell asking me not to let this get out because It will damage the KPD and the city. I was able to get half of it recorded but it's obvlously very troublesonte that somcone with the Texas Rangers tipped him off instead of Investigating. With him trying this hard to keep a lid on it, there's obviously something big there. I can promise you, you will find that at least two councilmen are behind this and likely the city mаларer. How can we get this out to the media? Il's pretty bad thatwe can't trustany lawenforcement agenty to do anything. And I do think this has legs Thanks foryour time and we look forward to meeting next weck Brad Mr. Griffith reported Mayor Horton signed a Code of Fair Campaign Practices, under which Mayor Horton swore to refrain from attacking his political adversaries. Mr. Griffith reported that on December 19, 2023, Mayor Horton used his time on the dais to comment on allegations of fraud against Griffith. According to Griffith, Mayor Horton declared Griffith had committed fraud and left the council meeting. Following the meeting, Griffith called on Mayor Horton to repudiate what Griffith labeled as false allegations against Griffith but that Mayor Horton declined to do so. Mr. Griffith alleged Gilley found the Save Kennedale PAC and used the PAC to continue to perpetuate in to 8 Mr. Griffith reported Griffith relocated to Kennedale and started a waste management company 2020. During the summer of 2023, Griffith became involved as a volunteer in the City's back school bash, which was called the "Mayor's back-to-school bash," for which Griffith donated $1,000. According to Griffith, in November 2023, Mayor Horton accused Griffith of "buying" Griffith's seat on the council with the $1,000 donation to the back-to-school bash. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 11 of 31 Carvan Adkins August 13, 2025 Page 12 the same fraud allegations against Griffith. Below is a flyer the Save Kennedale PAC purportedly sent after Griffith believes Griffith disproved the allegations: IT'S TIME TO SEND A CLEAR MESSAGE TO THE ESTABLISHMENT INSIDERS QUESTION: FACT: WHY DID MAYOR JAN JOPLIN APPOINT BRYANT GRIFFITH TO THE KERNEDALE CITY.COUNCIL??2 WAS THIS PAY TO PLAY77? BRYANT GRIFFITH WROTE A $1000 CHECK TO THE CITY OF KENNEDALE, ALCEGEDLY FOR THE MAYOR'S CHARITY RIGHT AROUND THE TIME HE WAS APPOINTED TO THE CITY COUNCI QUESTION: WHY DID THE CITY OF KENNEDALE PROMOTE BRYANT GRIFFITH S BUSINESS IN CITY HALL and on the CITY OF KEMNEDALE WEBSITE? FACTIS MAGAZINDWAS IN CITY HALL FORIMONTHSL WE THE PEOPLE OF KENNEDALE HAVE HAD ENOUGH OF THE CRONYISM and the SWAMPI IT IS TIME TO CLEAN UP KENNEDALE AND BRING TRANSPARENCY and ACCOUNTABILITY TO OUR GREAT CITY TIME TO DRAIN THE SWAMP - DUMP JOPLIN AND GRIFFITH Mr. Griffith also shared the following letter Mayor Horton reportedly sent to Judge Tim O'Hare and other public officials on December 29, 2023: LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 12 of 31 Carvan Adkins August 13, 2025 Page 13 nugus COMIIG OF Start doesn't exist. 12/29/2023 Certainly, Ms. Joplin, and Mr. Hull (and potentially Mr. Griffith) should have realized that trying to pressure a councilman into speaking out on an issue he felt uncomfortable speaking on is not a good look. The Honorable Judge Tim O'Hare cc: the Honorable Commissioner Roy Charles Brooks co: the Honorable Commissioner Alisa Simmons cc: the Honorable Commissioner Gary Fickes co: the Honorable Commissioner Manny Ramirez cc: Mayor Jan Joplin cc: City Manager Darrell Hull cc: Mr. Norman L. "Happy" Nelson Jr., Attorney at Law Dear Judge O'Hare and Distinguished Commissioners, I never would have envisioned writing a letter like this, and I'm shocked, angered, and saddened to be doing so. My name is Brad Horton and I currently serve in Place 2 on the Kennedale City Council. At the recent City Council Meeting on 12/19/2023. I believe that I was potentially coerced by Mayor Jan Joplin, City Manager Darrell Hull, and allegedly Councilman Bryant Griffith to either speak out on an issue to which I felt uncomfortable speaking on ultimately be forced to resign. Mind you, the issue I was forced to speak on was not an issue that was even official city business or even up for a vote; it was simply a work session item that was to be discussed. Rewind back to the summer of 2023. I served on Mayor Joplin's "Back to School Bash" group, or team, or whatever it was. This was supposed to be a charitable event to provide school supplies to children in our community. To the bost of my knowledge, I believe the event was held on August 5, 2023. This was initially a group or team that was a way to connect with the communily and at the time, not an oflicial part of the City of Kennedale; then it morphed into this "back to schoo bash. To the best of1my recollection, planning for the event began in late June or early July. I was travelling frequently for my job at the time so I would estimate I attended While I'm "currently" not judging the actions of the donation and subsequent appointment to the Council, potentially being coerced and threatened as I believe I have been is very serious. Something like this should never be allowed to happen in this country. In the aftermath of speaking out against the City's actions as I did, I've also been made aware of numerous rumors of retribution, and sadly, I've seen communications from certain city officials indicating these rumors are legitimatle. Judge O'Hare, at this time, I'm not filing a complaint and I'm not making a formal accusation to any of this. In fact, as l've stated numerous times over the past yoar, I do respect the people I serve with. But, I am officially requesting that the current and continued harassment, potential coercion, and targeting that I've been the victim of the past few weeks cease and desist immediately! I would close with this. If government officials are willing to potentially coerce, threaten, and blackmail a city councilman for not affirming or speaking to what they demand, what are they willing to do to the citizens that they represent who dare speak out against or question their actions? This is not acceptable from any government at any level in the United States. Thank you for your time! God Bless! Brad R. Horton Kennedale City Council, Place 2 Mr. Griffith also reported Mayor Horton posted the findings of a TEC complaint by Griffith on Facebook with Griffith's name in the post. 9 In the post, Mayor Horton stated the TEC complaint by Griffith contained numerous falsehoods under the penalty of perjury. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 13 of 31 Carvan Adkins August 13, 2025 Page 14 Mr. Griffith reported Councilman Gary followed Griffith around town. Councilman Gary approached Griffith and showed Griffith a photograph of Griffith speaking to a police officer. Mr. Griffith reported Councilman Gary's property abuts the property subject of a zoning change request which required a supermajority of the council's vote to pass. However, according to Griffith, Councilman Gary refused to recuse himself, but only abstained from voting on the matter. As a result of Councilman Gary's abstention, the zoning change request did not pass. According to Griffith, if Councilman Gary had recused himself, the zoning change request would have passed. Mr. Griffith reported Councilman Gary violated the property owner's rights. The property owner and developer's agreement was contingent on the zoning change passing. Following the denial of the zoning change request, the property owner filed a lawsuit against Councilman Gary and Mayor Horton.10 According to Griffith, Paul Cartusciello, Councilman Gary's friend, eventually purchased the property. Mr. Griffith reported that, because of the persistent fraud allegations against him made by Mayor Horton, Griffith proposed discussing the fraud allegations in a council meeting. Griffith reported Mayor Horton refused to attend the council meeting where the council was supposed to discuss the fraud allegations. Accordingly, Griffith pointed out that Mayor Horton's absence from the meeting would be Mayor Horton's second consecutive absence from a council meeting. According to the City Charter, a councilmember forfeits their council seat after three consecutive absences from council meetings and Griffith reported Griffith intended to uphold the Charter requirements. According to Griffith, City Manager Hull informed Griffith that Mayor Horton had said, "[i]t would be a shame if he were audited by the IRS if he doesn't back off." Griffith also reported Joplin informed him Gilley stated, "[i]f you don't back off, you'll catch a silver bullet," and "if you don't play nice, we will replace you." As discussed under the section related to Mr. Hull's interview, Mr. Hull denied Mayor Horton had made any of the statements and denied ever telling Griffith the Mayor has made such statements. Griffith reported that, in June or July of 2024, Joe Taylor, president of the Kennedale Chamber of Commerce, abruptly rescinded an invitation to Griffith to discuss Griffith's potential role with the Kennedale Chamber of Commerce. Upon further investigation by Griffith, Taylor reportedly stated the board members did not think it was the right time for Griffith to join the Kennedale Chamber of Commerce Board. According to Griffith, Hull informed Griffith that Mayor Horton, Hull, and Taylor discussed not appointing Griffith to the Board. Griffith reported Mayor Horton exerted his undue influence to prevent Griffith from joining the Board. Mr. Griffith reported Mayor Horton attempted to violate a City Charter rule against hiring someone within two-years after the person served as an elected official. Specifically, Griffith alleged that at some time after Mayor Horton took office as the mayor, Mayor Horton started discussing 10 The court has dismissed the lawsuit. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 14 of 31 Carvan Adkins August 13, 2025 Page 15 hiring Austin Degenhart, former councilman, to serve a consultant for the City. However, the City never hired Degenhart. Darrell Hull On June 26, 2025, Ms. Chowdhury interviewed Darrell Hull, City manager. Hull has worked for the City for thirty years. Hull worked for the Kennedale Police Department for twenty-seven years. While working for the Police Department, Hull first served as a patrol officer and eventually was appointed chief of police. Three years ago, Hull retired from the Police Department and became the City Manager. Mr. Hull reported that, when the City council appointed Griffith, Gilley and then councilmember Horton supported another candidate for the vacant council seat which Griffith eventually filled. Mr. Hull reported Gilley intimidated Joplin regarding Joplin's support for Griffith. Mr. Hull reported Griffith made a $1,000 donation to Mayor Joplin's back-to-school bash before Griffith's appointment. Mr. Hull reported that then councilmember Horton stated that because Griffith made a donation to the mayor's back-to-school bash, Griffith bought his council seat. Mr. Hull reported the city council first started discussing the TGAA in early 2023, when both Joplin and Horton were councilmembers and Griffith was not yet on the City council. Mr. Hull reported the city council did not agree with the TGAA's proposed agreement because the contract would waive the City's immunity. Mr. Hull also reported Joplin was initially in support ofthe TGAA, and was close to Gilley and Horton. However, when Joplin no longer supported the TGAA, their friendship appeared to Hull to sour. Mr. Hull reported that, during a City council discussion about the TGAA, Gilley physically lunged at Councilman Nevarez and threatened Nevarez. Mr. Hull reported Hull believed Gilley's position as a councilman and position on the board for the TGAA was a conflict of interest. In December of 2023, Horton resigned as a councilman and ran a campaign to become mayor. Mayor Horton defeated Joplin to become the mayor in May of 2024. According to Hull, in January or February of 2025, the City entered into a Chapter 380 agreement with Southwest Ambulance LLC. Because Southwest Ambulance's building did not have water service, a functioning fire suppression system, had not yet poured the concrete for the driveway, and did not have approved doors, Southwest Ambulance did not yet have a certificate of occupancy. Mr. Hull reported Councilman Gary instructed Hull "to make it happen,"which Hull understood was a reference to a certificate of occupancy for the unfinished building. Mr. Hull reported that would not happen. Mr. Hull reported that, about three weeks later, Councilman Gary again inquired about the status of the certificate of occupancy, which the City had not yet issued. Mr. Hull reported that, on the very next day, Councilman Gary returned to Hull's office and stated that once Councilman LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 15 of 31 Carvan Adkins August 13, 2025 Page 16 Gary has the support of four councilmembers, the councilmembers would vote Hull out of the City Manager position. Mr. Hull verbally reported the threat to Mayor Horton, councilman Nevarez, councilman David Glover, and councilman Michels. Mr. Hull reported that Mayor Horton and Gilley had previously asked Hull to issue certificates of occupancy for buildings that had not passed inspections. Mr. Hull reported Cartusciello, owner of Southwest Ambulance, donated to the campaigns of the individuals running against councilman Nevarez, councilman Glover, and councilman Michels. Mr. Hull heard from Joplin that Gilley had made a comment about someone, not specifically Griffith, catching a "silver bullet." Hull did not agree Mayor Horton had threatened Griffith with an IRS investigation. Hull did not agree that Mayor Horton made any threats against Griffith. Mr. Hull had lunch with Mayor Horton and Austin Degenhart, a former councilman. Mr. Hull reported Mayor Horton and Degenhart were close friends and that Mayor Horton wanted to hire Degenhart as a consultant for the City considering Degenhart's project management experience. Mr. Hull informed Mayor Horton and Degenhart there was no exception to the rule against hiring a former councilmember within two years of being in office. The City never hired Degenhart. Thelma Kobeck On July 1, 2025, Ms. Chowdhury interviewed Thelma Kobeck, City councilwoman. Initially, Councilwoman Kobeck reported to Ms. Chowdhury that, although the City councilmembers approved hiring a third-party for this investigation, the councilmembers were expecting additional discussions to approve the scope of the investigation. According to Councilwoman Kobeck, Council did not have a chance to define the scope of the investigation before the investigation started. Councilwoman Kobeck reported Mayor Joplin appointed Griffith to a vacant City council position soon after Griffith made a $1,000 donation to the City. Because Councilwoman Kobeck believed the appointment was "bad optics," Councilwoman Kobeck advised Mayor Joplin to make a social media post explaining that Griffith's donation had nothing to do with his appointment to the vacant council seat. Councilwoman Kobeck reported Mayor Joplin agreed at the time to make such a posting. Councilwoman Kobeck reported that, about a week later, Councilwoman Kobeck followed up with Mayor Joplin regarding the post, and that Mayor Joplin became upset and refused to discuss LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 16 of 31 Carvan Adkins August 13, 2025 Page 17 the matter any further. Councilwoman Kobeck reported Mayor Joplin had encouraged Matthew Dyers and Ebeny Berry to run against Councilwoman Kobeck.11 Councilwoman Kobeck reported that Chad Wandell, a friend of Griffith and former City councilman, filed a complaint against Councilwoman Kobeck with the TEC. Councilwoman Kobeck reported the TEC dismissed the complaint with no findings and no action. Councilwoman Kobeck has spoken to Armstrong about three times in the last year and a half. Councilwoman Kobeck met Armstrong through Gilley. Mr. Armstrong's company Valor Strategies provided Councilwoman Kobeck marketing services for Councilwoman Kobeck's council campaign.12 Councilwoman Kobeck timely submitted a financial report due on July 15, 2024. After submitting the report, Councilwoman Kobeck realized Armstrong had not yet sent Councilwoman Kobeck a bill for Valor Strategies' work on Councilwoman Kobeck's campaign. After Armstrong sent Councilwoman Kobeck a bill, Councilwoman Kobeck submitted an amended financial report to the former City Secretary Bobby Jo Taylor, however, the City secretary reportedly did not post the amended report to the City's website. Because the amended financial report was not posted on the City's website, Councilwoman Kobeck again reported Valor Strategies' bill in Councilwoman Kobeck's January 15, 2025 financial report. Councilwoman Kobeck did not know much about the TGAA. Councilwoman Kobeck reported that although she felt Armstrong was very "pushy" about the TGAA, Armstrong never stated he would help Councilwoman Kobeck with the elections if Councilwoman Kobeck voted in favor of the TGAA. According to Councilwoman Kobeck, Councilwoman Kobeck never participated in any City council votes related to the TGAA.13 Councilwoman Kobeck denied deleting any comments from any social media pages. Mayor Horton made a social media post criticizing a local business, Trash Magic Alchemy. According to Councilwoman Kobeck, a citizen contacted Mayor Horton about the company because 11 Kobeck reported Kobeck heard this from Raeann Byington, former City Secretary. According to Kobeck, the City fired Byington because Byington was not getting along with the City manager, Hull, and had attendance issues. 12 Although Kobeck accepted Armstrong's services in Kobeck's campaign as Kobeck had no prior political experience, Kobeck stated Armstrong was extremely pushy and akin to a "snake oil salesman." 13 Kobeck took office in May 2024. Armstrong initially presented TGAA to the City council in 2023. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 17 of 31 Carvan Adkins August 13, 2025 Page 18 the company had "metaphysical things." Councilwoman Kobeck reported Councilwoman Kobeck told Mayor Horton his post against the company was a bad idea. Councilwoman Kobeck is not aware of Mayor Horton making any threats toward Griffith. When Councilwoman Kobeck inquired about alleged threats by Mayor Horton, Mayor Horton reportedly told Councilwoman Kobeck that Mayor Horton resigned from his council position because Mayor Horton did not want to endanger his job with the IRS in case the City's acceptance of Griffith's donation for the back-to-school bash right before Griffith's appointment to council was improper for any reason. Councilwoman Kobeck reported Mayor Horton, Hull, and Councilwoman Kobeck told Taylor, president of the Kennedale Chamber of Commerce, they believed it was not a good idea to get Griffith involved with the Kennedale Chamber of Commerce. Councilwoman Kobeck was not aware of anyone taking any active steps to prevent Griffith from becoming involved in the Kennedale Chamber of Commerce. Councilwoman Kobeck was aware Mayor Horton had explored the possibility of former councilman Degenhart rejoining the City in some sort of professional capacity. According to Councilwoman Kobeck, Mayor Horton reached the conclusion it was too soon to hire Degenhart in light of Degenhart's position in office less than two years prior. Brad Horton On July 10, 2025, Ms. Chowdhury interviewed Mayor Brad Horton. Mayor Horton was appointed as a councilmember in October of 2022, at which time, the City issued Mayor Hortona cell phone. Mayor Horton reported he never used the phone because it did not turn on. Mayor Horton reportedly turned the phone back to Byington, the City Secretary at the time, within six months. Mayor Horton reported that at that same time, communications on his personal device automatically deleted every twenty-four hours. Mayor Horton reported Mayor Horton does not recall having City budget discussions with Griffith over text messages and that Mayor Horton no longer has access to communications from his personal phone from 2023. Mayor Horton reported that Mayor Horton hired Valor Strategies, Armstrong's company, to purchase signs, a website, and send text messages for Mayor Horton's mayoral campaign in 2024. Mayor Horton is not aware of any unpaid bills from Valor Strategies for his campaign. Mayor Horton reported some residents of Kennedale contacted Mayor Horton with concerns about a local business, Trash Magic Alchemy which was apparently a voodoo or witchcraft shop. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 18 of 31 Carvan Adkins August 13, 2025 Page 19 Mayor Horton acknowledged that Mayor Horton had posted critical comments about the business, but that the post is still available on Mayor Horton's social media.14 Mayor Horton reported that the only time Mayor Horton deleted a social media post was when he posted a donation page for a local burger restaurant, the Burger Box which was involved in a fire and had suffered losses. After someone informed Mayor Horton the donation page was a scam, Mayor Horton reportedly deleted the post. Mayor Horton was aware of a heated discussion between City Manger Hull and Councilman Gary regarding the issuance of a certificate of occupancy. According to Mayor Horton, Councilman Gary's concern was that the City was doing its due diligence in issuing the certificate of occupancy. According to Mayor Horton, Hull said Southwest Ambulance had met the parameters to get the certificate of occupancy. Mayor Horton denied making any threats against Griffith, generally or through Hull. Mayor Horton reported Hull spoke at a City Council meeting on May 1, 2025 and confirmed that Hull has not heard Mayor Horton make any of the threats Griffith alleged Mayor Horton made. Mayor Horton reported that as a former IRS employee, Mayor Horton did not want to be involved in transactions that appear questionable. Mayor Horton believes Griffith's donation to the City prior to his appointment "did not sound good." Mayor Horton did not have any information about the donation beyond what he heard from others. However, Mayor Horton reported the donation was not disclosed publicly but the check from Griffith to the City was found later through a public information request. Mayor Horton informed Joe Taylor, president of the Kennedale Chamber of Commerce, that Mayor Horton did not believe Griffith should become president of the Kennedale Chamber of Commerce. Mayor Horton reported Hull asked Taylor to remain president. Mayor Horton had lunch with former council Degenhart during which Mayor Horton reported Degenhart asked Mayor Horton if Degenhart could rejoin the City in a consultant role. In response, Mayor Horton reported he asked Hull to take the issue to the City council. Mayor Horton reported the City council did not want to hire Degenhart and that was the end of all discussions on the topic of Degenhart's potential hiring. Chris Gary On July 14, 2025, Ms. Chowdhury interviewed Councilman Gary. Councilman Gary defeated Griffith in the May 2024 election to take office for the first time. Councilman Gary had no prior experience in politics. 14 We confirmed the February 9, 2025 post is still available on Mayor Horton's Facebook page. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 19 of 31 Carvan Adkins August 13,2025 Page 20 Councilman Gary reported that, during the 2024 campaign cycle, Councilman Gary's daughter and his daughter's boyfriend were in a neighborhood passing out flyers on behalf of Councilman Gary's campaign. When Councilman Gary called his daughter to check on the status of passing out flyers, Councilman Gary's daughter reported her boyfriend had started putting the flyers in mailboxes. Councilman Gary instructed his daughter to immediately stop doing that to take out the flyers they had already put into residents' mailboxes. According to Councilman Gary, Councilman Nevarez lived in that particular neighborhood and had reported to the police that people were stuffing mailboxes with campaign flyers. Councilman Gary went to the police department to inquire about who complained about his daughter stuffing mailboxes. As Councilman Gary was exiting the police station, Councilman Gary saw Griffith speaking to the officer who had reprimanded Councilman Gary's daughter¹5 for stuffing mailboxes. Councilman Gary reported someone with him, either Gilley or Councilman Gary's partner, took the photo of Griffith and the officer. Councilman Gary posted the photo to his social media, with the caption, "interesting." Councilman Gary first met Armstrong in January of 2024. Councilman Gary reported Armstrong discussed TGAA, but that Councilman Gary was not interested. Councilman Gary reported Armstrong had good contacts to produce campaign-related print materials. Councilman Gary also reported Armstrong had not sent Councilman Gary a bill for the print material Armstrong's company had provided as of July of 2024, when initial campaign finance reports were due to the City. Councilman Gary reported the bills for Armstrong's company, Valor Strategies, in Councilman Gary's January 2025 financial report. Councilman Gary further reported Councilman Gary had made an error in the January 2025 financial report, and he resubmitted a corrected report in March of 2025. Councilman Gary reported Chad Wandell filed a TEC complaint against Councilman Gary in August 15, 2024, which councilman Gary reported was dismissed without any findings or action. Councilman Gary did not receive any funds from the Kennedale PAC. But Councilman Gary reported the Save Kennedale PAC had circulated a flyer regarding Griffith's $1,000 donation to the City prior to Griffith's appointment. Councilman Gary met Paul Cartusciello, owner of Southwest Ambulance Sales LLC, after Cartusciello purchased the property the subject ofthe Enclave zoning change request.16 According to Councilman Gary, Cartusciello's residence abutted the property. When Councilman Gary spoke to 15 Councilman Gary reported Councilman Gary's daughter initially felt threatened by the officer because she had previously never had a similar interaction with the same officer. 16 Councilman Gary provided a copy of Councilman Gary's text messages with Cartusciello, which purportedly show Councilman Gary did not have text communication with Cartusciello until March 6, 2025, after the City had already entered into a Chapter 380 agreement with Southwest Ambulance. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 20 of 31 Carvan Adkins August 13, 2025 Page 21 Cartusciello for the first time after March of 2025, Cartusciello asked Councilman Gary to help Cartusciello with certain inspections the City had to do for Southwest Ambulance's building to get a certificate of occupancy. Councilman Gary asked City Manager Hull to complete the inspections. Councilman Gary declined making any threats. Councilman Gary reportedly was unaware of any other issues stopping the City from issuing a certificate of occupancy to Southwest Ambulance. Councilman Gary does not agree with the idea of the City entering into a contract with the TGAA. Jeff Nevarez Ms. Chowdhury interviewed Councilman Jeff Nevarez¹7 on July 24, 2025. Councilman Nevarez reported former councilman Gilley brought the TGAA to the attention of the city council. Councilman Nevarez reported Gilley was a founder of the TGAA and was on the TGAA's board of directors. Councilman Nevarez reported that after preliminary discussions about the TGAA at council, Gilley brought a resignation letter from the TGAA to show Gilley no longer a conflict of interest regarding the TGAA. Councilman Nevarez reported Councilman Gary violated the City Charter by making an open records request related to Councilman Nevarez, Griffith, former mayor Joplin, and City Manager Hull. According to Councilman Nevarez, the City Charter prohibits councilmembers from investigating matters and therefore, making an open records request is a violation of the Charter. 18 Councilman Nevarez reported the former City secretary, Byington told Councilman Nevarez that Mayor Horton had deleted everything from his City-issued cell phone before turning it into the City. Councilman Nevarez reported the TGAA was encouraging certain individuals to run for council positions so the TGAA might garner support from councilmembers for adoption of the TGAA 17 At the outset, Councilman Nevarez reported to Ms. Chowdhury his concerns about the scope of this investigation being limited to Griffith's complaint. Councilman Nevarez believed the scope of the investigation should have been further defined by City council. 18 Section 3.07 of the City Charter states, "[t]he City Council may investigate the affairs of the City and the official conduct of any City department, office, or agency." However, the Charter does not and could not prohibit any citizen, including an individual councilmember, from making an open records request or otherwise investigating an issue. Indeed, the Charter does not classify a public information act request as an "investigation," nor should it. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 21 of 31 Carvan Adkins August 13, 2025 Page 22 contract. Councilman Nevarez reported Mayor Horton, Councilwoman Kobeck, and Councilman Gary, received support from TGAA for their respective campaigns without reporting such support. Councilman Nevarez reported Cartusciello, owner of Southwest Ambulance Sales LLC, expressed frustrations about the City's purported delay in issuing a certificate of occupancy to Southwest Ambulance's new building. Councilman Nevarez reported Councilman Nevarez simply instructed Cartusciello to follow the City's instructions to obtain the certificate. Councilman Nevarez does not have any firsthand knowledge of any threats Councilman Gary allegedly made to City Manager Hull regarding the certificate. Councilman Nevarez did not hear Mayor Horton making any threats against Griffith. Councilman Nevarez is a member of the Kennedale Chamber of Commerce which Councilman Nevarez reported the Chamber has been "weak" the last couple of years, and there has been no Chamber election for the last five years. Councilman Nevarez reported the Chamber has low numbers of membership and low interest from the public. Councilman Nevarez believed Mayor Horton violated the City Charter by attempting to hire a former councilman within two years after the former councilman was in office. Councilman Nevarez reported Councilman Gary and Mayor Horton also violated "the morality clause" ofthe City Charter by lying. Specifically, Councilman Nevarez reported Councilman Gary lied on a police report about Kennedale resident Eric Elam.19 Texas Ethics Commission Complaints and Dismissals On March 11, 2024, Griffith filed complaint no. SC-32403202 with the TEC alleging Mayor Horton had engaged in unfair campaign practices by accusing Griffith and former Mayor Joplin of fraud and bribery. Mr. Griffith further alleged in that complaint that Mayor Horton used Mayor Horton's employment with the IRS to coerce and dissuade Griffith's requests that Mayor Horton follow the City charter regarding the Mayor's attendance at council meetings. On March 14, 2024, the TEC dismissed Griffith's March 11, 2024 complaint because subscription to the Code of Fair Campaign Practices is voluntary and Chapter 258 of the Texas Election Code, regarding fair campaign practices, is exempt from any civil cause of action or enforcement. 19 Councilman Gary reported Elam has a trespass warrant preventing Elam from entering upon Councilman Gary's property because of Elam's prior disorderly conduct on Councilman Gary's property. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 22 of 31 Carvan Adkins August 13, 2025 Page 23 On August 15, 2024, Chad Wandell filed complaint no. SC-32408451with the TEC alleging that Mayor Horton failed to report contributions from the Save Kennedale PAC to financial reports. Mr. Wandell further claimed Mayor Horton had shared resources with two other councilmembers but that the Mayor failed to report the resources in financial reports. a On August 20, 2024, the TEC dismissed Wandell's August 15, 2024 complaint for failing to state allegations that, if true, constitute a violation of law enforced by the TEC. Specifically, the TEC found Wandell failed to identify any activities by the Save Kennedale PAC that constituted reportable contribution. According to the TEC's response, a contribution is not reportable if the candidate does not give prior consent or approval for the expenditure from a PАС. On April 8, 2025, Griffith filed complaint no. SC-32504130 with the TEC alleging the Save Kennedale PAC, allegedly under the direction of Gilley, made expenditures to benefit the campaigns of Mayor Horton, Councilman Gary, and Councilwoman Kobeck. Griffith also alleged Mayor Horton, Councilman Gary, and Councilwoman Kobeck violated Texas Election Code 254.031(a)(3) and (6) by failing to include an accurate description of each expenditure on their financial reports. Specifically, Griffith alleged Mayor Horton, Councilman Gary, and Councilwoman Kobeck described payments to Valor Strategies as "marketing materials" or "printing services," when they should have been listed as political consulting and campaign management. On April 16, 2025, the TEC dismissed Griffith's April 8, 2025 complaint for failing to meet both legal and technical requirements for a TEC complaint. Specifically, the TEC found the complaint failed to state allegations that, if true, constitute any violation of a law enforced by the TEС. Summary and analysis of allegations 1. Allegation #1: Mayor Horton cleared the data in his City-issued cell phone before returning it to the City. The Public Information Act, Chapter 552 of the Texas Government Code, makes certain information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business by the state government available to the public. Under Texas Government Code 552.002(c), public information includes text messages and other electronic communication. Under Section 441.158 of the Texas Government Code, the Texas State Library and Archives Commission prepares and distributes records retention schedules20 for each type of local government, including cities. Under Section 441.169, local governments must establish a records management 20 https://www.tsl.texas.gov/slrm/localretention/schedule_gr LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 23 of 31 Carvan Adkins August 13, 2025 Page 24 program and retention period for each government record. If a text message is transitory,2¹ local governments may delete the message immediately without documentation. However, local governments must retain administrative correspondence and policy and program development records for at least two years. Mr. Griffith alleges that when Mayor Horton was a councilman, councilmember Horton returned a City-issued device to the City with all data on the phone already deleted, in violation of the Public Information Act. Mayor Horton confirmed the City had issued Mayor Horton a phone shortly after Mayor Horton's appointment to a council seat in October of 2022. However, Mayor Horton reported Mayor Horton never actually used the phone because of technical issues with the phone. As such, Mayor Horton does not dispute that, when Mayor Horton returned the phone to the City, the phone did not have any data. Because Griffith has not produced any documents or information substantiating there was actually any information on the City-issued phone, the evidence does not substantiate the allegation that Mayor Horton deleted data in the City-issued phone in violation of the Public Information Act. 2. Allegation #2: Mayor Horton submitted a false official statement claiming Mayor Horton did not use his personal device for communications in his capacity as a City Councilman. The Public Information Act also applies to information on privately owned devices of a current or former government employee or official. In fact, Section 552.002 of the Act does not distinguish between personal or government-issued devices, but rather focuses on the nature of the communication or document. In response to an open records request22 for all communications between Mayor Horton and other individuals, on February 2, 2024, Mayor Horton submitted a written statement stating Mayor 21 Transitory records are not essential to the fulfillment of statutory obligations or to the documentation of government functions. Some examples of transitory information according to the TSL, which can be in any medium (voice mail, fax, email, hard copy, etc.) are drafts and working papers; routine messages; telephone message notifications; internal meeting notices; routing slips; incoming letters or memoranda of transmittal that add nothing of substance to enclosures; and similar routine information used for communication, but not for the documentation, of a specific government transaction. 22 The open records request required Mayor Horton to provide a copy of all text messages Mayor Horton received from the mayor and all councilmembers between December 10, 2023 and December 23, 2023. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 24 of 31 Carvan Adkins August 13, 2025 Page 25 Horton did not retain any messages from Mayor Horton's personal device responsive to the request because Mayor Horton's phone had automatically deleted all messages every 24 hours. Mayor Horton also stated that Mayor Horton did not recall receiving any messages that were "of substance," but Mayor Horton identified a December 17, 202323 text message from Griffith, to which Mayor Horton did not respond. Griffith alleged Mayor Horton's February 2, 2024 statement is a false official statement because Mayor Horton stated Mayor Horton did not use his personal communication device for City business as a councilman. In support of the allegation, Griffith provided a screenshot of a text message exchange dated July 22, 2023, wherein Griffith requested Mayor Horton meet to discuss Griffith's budget-related questions. Griffith provided a second screenshot dated December 16, 2023 in which Griffith texted Mayor Horton asking whether Mayor Horton would attend a City council meeting. Contrary to Griffith's allegations, Mayor Horton did not state Mayor Horton did not use his personal cell phone for City business. To the contrary, Mayor Horton identified a December 16, 2023 text message, mistakenly reported as December 17, 2023, from Griffith as City related communications but Mayor Horton further stated Mayor Horton no longer has that or any other text messages responsive to the particular request. Regardless, Griffith's brief exchange dated July 22, 2023 with Mayor Horton regarding scheduling a meeting to discuss budget questions does not appear to be responsive to the particular open records request. Because Mayor Horton did not actually make a statement claiming Mayor Horton did not use his personal cell phone for City business, the evidence does not substantiate this allegation. However, we feel it appropriate to point out auto-deletion of messages by City officials would likely be considered a violation of Chapters 441 and 552 of the Texas Government Code if the messages sent or received were anything but transitory in nature. 3. Allegation #3: Mayor Horton, Councilman Gary, and Councilwoman Kobeck used their private social media pages to conduct City business. Despite our request, Griffith failed to provide any documents showing Mayor Horton, Councilman Gary, or Councilwoman Kobeck used their private social media pages to conduct City business. Even if Griffith provided documents showing Mayor Horton, Councilman Gary, and Councilwoman Kobeck used their private social media page or City business, such conduct does not necessarily violate the law. A public official may use their personal social media page to conduct City business-but doing so comes with significant legal and ethical obligations. The evidence does not substantiate this allegation and we have not been asked to investigate or address any such personal postings. 23 The actual date of the text message from Griffith was December 16, 2023. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 25 of 31 Carvan Adkins August 13, 2025 Page 26 4. Allegation #4: Mayor Horton, Councilman Gary, and Councilwoman Kobeck posted and deleted portions of their public social media profiles or made posts inaccessible to certain members of the community. Mr. Griffith identified a specific social media post by Mayor Horton about a local business, Trash Magic Alchemy, which Griffith claims Mayor Horton deleted or made inaccessible to certain members of the community. Mayor Horton declined deleting the post and, based on our search of Mayor Horton's social media page, the post is still available and accessible to all members of Facebook. This allegation is clearly disproven. Mr. Griffith also alleged that Councilman Gary and Councilwoman Kobeck deleted social media messages which showed the councilmembers' connection with Armstrong. Based on our search of Councilman Gary, Councilwoman Kobeck, and also Mayor Horton's social media posts, each of the posts Griffith provided to us as proof of his allegations of deletions are all still available on the councilmember's social media pages. The evidence disproves this allegation. 5. Allegation #5: Mayor Horton, Councilman Gary, and Councilwoman Kobeck falsified their campaign financial reports and failed to amend financial reports. As discussed previously, Griffith filed a TEC complaint on April 8, 2025, alleging Mayor Horton, Councilman Gary, and Councilwoman Kobeck submitted inaccurate financial reports, specifically regarding services from Armstrong, his company, Valor Strategies, and also the Save Kennedale PAC, which was reportedly spearheaded by Gilley. On April 16, 2025, the TEC dismissed Griffith's complaint for failing to state allegations that, if true, constitute a violation of a law enforced by the TEC. The TEC further found Griffith's allegations are based on a Facebook post by Armstrong, in which Armstrong states, "We did it Rockie Gilley! Never had a doubt brother and we will replace the other 2 next May!" As the TEC pointed out, the post does not identify what services Valor Strategies actually provided Mayor Horton, Councilman Gary, and Councilwoman Kobeck. Under Texas Election Code Section 254.031(3), a candidate must report "the amount of political expenditures that in the aggregate exceed $100 and that are made during the reporting period." Under Section 254.025, a political expenditure is made when "the amount is readily determinable by the person making the expenditure." Further, "[i]f the character of an expenditure is such that under normal business practice the amount is not disclosed until receipt of a periodic bill, the expenditure is not considered made until the date the bill is received." To the extent Griffith complained that Mayor Horton, Councilman Gary, and Councilwoman Kobeck falsified financial reports by not reporting campaign expenditures to Valor Strategies in their July 15, 2024 financial reports. This allegation is disproven by the fact that Mayor Horton, Councilman Gary, and Councilwoman Kobeck did report campaign expenditures to Valor Strategies in their January 15, 2025 reports, following receipt of the bills from Valor Strategies. As the TEC LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 26 of 31 Carvan Adkins August 13, 2025 Page 27 advised, this report by each complies with the applicable law Mayor Horton, Councilman Gary, and Councilwoman Kobeck generally described the expenditures to Valor Strategies as advertising materials for printed materials and websites. Griffith and Griffith's apparent allies, including Councilman Nevarez, believe Mayor Horton, Councilman Gary, and Councilwoman Kobeck failed report or underreported the expenditures related to Valor Strategies. However, no evidence substantiates the allegation that the cost of expenditures to Valor Strategies should have been higher besides Griffith's mere theory about what the cost of such goods and services should have been. The evidence does not substantiate this allegation. to 6. Allegation #6: Mayor Horton violated the Code of Fair Campaign Practice. Mr. Griffith alleged Mayor Horton violated the Code of Fair Campaign Practice by commenting on allegations of fraud against Griffith on December 19, 2023 when Mayor Horton was a councilman. Mr. Griffith further alleged Mayor Horton failed to repudiate the same allegations of fraud, in violation of the Code. However, on March 14, 2024, the TEC dismissed the same complaint by Griffith because compliance with the Code of Fair Campaign Practices is purely voluntary and the guidelines in Chapter 258 of the Texas Election Code, regarding fair campaign practices, is exempt from any civil cause of action or enforcement. As such, even if Mayor Horton made comments about Griffith allegedly committing fraud which appears to be a statement of opinion, Mayor Horton did not commit any actionable offense. 7. Allegation #7: Councilman Gary failed to disclose a conflict of interest on the Enclave zoning change request. Section 12.07 of the City Charter states, officers or employees of the City having a direct or indirect interest in any proposed or existing contract, purchase, work, sale, or service to, for, or by the City shall not vote or render a decision, or use their position, authority, or influence in any manner that would result in personal betterment, financially or otherwise, to any degree." The City Charter does not define direct or indirect interest. Under Texas Local Government Code Section 171.004, a councilmember must abstain from voting on a specific matter when the councilmember has substantial interest in a business entity or in real property at issue. Under Section 171.002(a), a person has substantial interest in a business if: "(1) the person owns 10 percent or more ofthe voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (2) funds received by the person from the business entity exceed 10 percent of the person's gross income for the previous year." Under Section 171.002(b), a "person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more." LEWIS BRISBOIS BISGAARD & SMITH www.lewisbrisbois.com Page 27 of 31 LLP Carvan Adkins August 13, 2025 Page 28 Mr. Griffith reported Councilman Gary's property abuts the property subject of a past zoning change request, known as the Enclave zoning change request and, as such, Griffith contends Councilman Gary should have recused himself from the zoning change request. Mr. Griffith reported Councilman Gary abstained from voting on the request, instead of recusing himself from the matter. Councilman Gary was not required to abstain from voting on the zoning change request under Section 171.004 because Councilman Gary did not, and Griffith does not even allege, own any interest in the business requesting the zoning change or the real property subject of the zoning change request. Nothing in the applicable statute defines ownership of abutting property as creating a conflict requiring recusal. Moreover, Councilman Gary abstained from voting because of what appears to be political pressure from adversaries. Because Councilman Gary did not have a legal conflict of interest, this allegation is unfounded. 8. Allegation #8: Councilman Gary asked the City Manager to issue a certificate of occupancy for Southwest Ambulance Sales LLC without passing inspections. City Manager Hull confirmed that Councilman Gary requested that Hull issue a certificate of occupancy for Southwest Ambulance's building prior to Southwest Ambulance passing all mandatory inspections. However, Hull did not issue the certificate at Councilman Gary's request because the building did not yet comply with city requirements. According to Councilman Gary, Councilman Gary was concerned about the City's due diligence in completing the inspections the City was required to perform before issuing the certificate of occupancy. Believing Councilman Gary could speed the process for inspections by speaking to Hull, Councilman Gary requested Hull complete the inspections to issue a certificate. Councilman Gary reportedly was unaware of the myriad of issues stopping the City from issuing a certificate of occupancy to Southwest Ambulance. Because Hull prematurely did not actually issue the certificate of occupancy to Southwest Ambulance, neither Councilmember Gary or Hull engaged in any inappropriate conduct. 9. Allegation #9: Councilman Gary used his position to influence the outcome of a vote on a Chapter 380 agreement between the City and Southwest Ambulance Sales LLC. Mr. Griffith alleged Councilman Gary shares a close friendship with Cartusciello, owner of Southwest Ambulance. Griffith alleged Councilman Gary used his position on the City council to influence the outcome of a vote on a Chapter 380 agreement between the City and Southwest Ambulance. A Chapter 380 Agreement refers to Chapter 380 of the Texas Local Government Code LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 28 of 31 Carvan Adkins August 13, 2025 Page 29 that allows municipalities to provide financial incentives-such as loans or grants-to local businesses to promote economic development and stimulate business activity. Mr. Hull reported the City entered into a Chapter 380 Agreement with Southwest Ambulance in January or February of 2025 which Griffith alleged the City council unanimously approved. Notably, Griffith did not provide any documents showing or witnesses who could substantiate that Councilman Gary exerted any influence to affect the outcome of that vote. To the contrary, Councilman Gary provided a copy of his text messages with Cartusciello, which show Councilman Gary started speaking to Cartusciello, at least by text message, starting in March of 2025. There is no evidence to substantiate this allegation. 10. Allegation #10: Mayor Horton threatened Griffith. Griffith reported Hull informed Griffith that Mayor Horton had said, in reference to Griffith, "[i]t would be a shame if he were audited by the IRS if he doesn't back off." However, Hull denied that Mayor Horton made any actual threats against Griffith. Since Griffith's allegation is based solely on alleged hearsay which Hull denies hearing or repeating, no evidence supports this allegation. Mr. Griffith also reported Mayor Joplin informed Griffith that Gilley stated, "[i]f you don't back off, you'll catch a silver bullet," and "if you don't play nice, we will replace you." According to Griffith, statements from Gilley, Mayor Horton's apparent ally, are attributable to Mayor Horton himself. Other than Mr. Griffith's ipse dixit assertions there is no basis to find Gilley's reported threats, regardless of whether true or false, are attributable to Mayor Horton. As such, no evidence substantiates these allegations. 11. Allegation #11: Mayor Horton used his influence to prevent an election cycle for the Kennedale Chamber of Commerce. Mr. Griffith reported Taylor, president of the Kennedale Chamber of Commerce, abruptly rescinded an invitation to Griffith to discuss Griffith's potential role as a member of the Chamber. Griffith further reported the Chamber did not hold elections in 2024. Both Mayor Horton and Councilwoman Kobeck confirmed speaking to Taylor about their opinion that Griffith's involvement in the Chamber was a bad idea. However, no rule or law prohibits these individuals expressing such opinions. Councilman Nevarez, a member at large of the Chamber, reported the Chamber had not had an election for the last five years because of low membership and low interest from the public. As such, although Mayor Horton expressed his belief Griffith is not well-suited to a position with the Chamber, as politicians often do about political adversaries, there are no documents or information LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 29 of 31 Carvan Adkins August 13, 2025 Page 30 confirming Mayor Horton actually prevented the Chamber's election cycle from proceeding. While the allegation may be true this conduct is not a violation of a law or rule. 12. Allegation #12: Mayor Horton attempted to violate the City Charter by hiring a former councilman as a consultant. Mr. a Griffith alleged Mayor Horton discussed hiring former councilman Degenhart as consultant for the City. Section 3.05 of the City Charter states, "[n]o former member of the City Council shall hold any compensated appointed City office or employment with the City for a period of two years after the expiration of the term of office." According to Mayor Horton and Hull, Mayor Horton and Hull had lunch with Degenhart to discuss the possibility of Degenhart working for the City. However, Hull reported there was no exception to Section 3.5 of the City Charter. Councilman Nevarez reported Councilman Nevarez believes an attempt to hire Degenhart is a violation of the City Charter. Because the City did not actually hire Degenhart, no one violated the City Charter. This allegation is unfounded. Conclusion is It appears clear to an objective outsider that the local political climate in Kennedale contentious and that there are factions consisting of current and former City officials, who firmly believe their political adversaries have committed and are continuing to commit violations of the law.24 Notably, many, if not all, of the allegations are based on individual's own interpretation - or more appropriately misinterpretation - of the law or ethical standards the latter of which are aspirational but not enforceable under any law. Notably, Mayor Horton, Councilman Gary, and Councilwoman Kobeck's past ties with Armstrong, a known affiliate of the TGAA, is seemingly the core cause for concern for Griffith and Griffith's allies, including Councilman Nevarez. Mr. Griffith expressed concerns about the TGAA's purported failures and wrongdoings in other cities in Texas. Mr. Griffith, along with Councilman Nevarez, also expressed concerns about the TGAA's support for certain candidates who might vote in favor of adoption of TGAA's proposed contract. However, an organization's support of a potential candidate is not an actionable conduct against anyone. But rather it is protected First Amendment speech. 24 Mayor Horton and Councilwoman Kobeck reported resident Sara Johnson for harassment, which the Kennedale Police Department reportedly failed to investigate allegedly because Johnson or her allies have close ties with the police department. LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 30 of 31 Carvan Adkins August 13, 2025 Page 31 Similarly, Mayor Horton, Councilman Gary, and Councilwoman Kobeck hiring Valor Strategies is not evidence of any legal violation by any of them, no matter how nefarious one may believe Armstrong's conduct to be in other cities or even in the City of Kennedale. There is no evidence to suggest, let alone prove, that Mayor Horton, Councilman Gary, or Councilwoman Kobeck committed any actionable misconduct in violation of the City Charter or state laws. Rather, the evidence establishes Griffith's complaint is one of a series of complaints that appear to be driven by political animosity between two or more groups of City residents, and general disagreements about what is right and what is wrong for the City. Thank you for the opportunity to be of service to the City. Please let us know if you would like to discuss any aspect of our investigation, this report, or you would like us to undertake any more work on this project. Sincerel William S. Helfand of LEWIS BRISBOIS BISGAARD & WSH/lic SMITH LLP LEWIS BRISBOIS BISGAARD & SMITH LLP www.lewisbrisbois.com Page 31 of 31