FOR IMMEDIATE RELEASE | July 30, 2025

Contacts:  
Tom Fabry, Board Member; Chair, Government Watchdog Committee, tcfabry@yahoo.com,  817-721-6701
JoAnn Fleming, Executive Director; self-term-limited Smith County Commissioner

Grassroots America declares the Smith County
Commissioners Court Budget Presentation —
“Shockingly unprofessional, unacceptable, embarrassing,
and disrespectful to Smith County taxpayers
and the officials who are trying hard to serve them.”

Executive Director JoAnn Fleming: “In 33 years, I have never witnessed such a shocking failure as this year’s budget process in Smith County.  County Judge Neal Franklin and the Commissioners have never had one public discussion to set the spending boundaries for the 2026 budget nor have they ever attempted to cast a unified vision for what this budget should achieve for the taxpayers.  It is inconceivable that the County does not have a complete and vetted preliminary budget at this late date!  Allegedly, taxpayers and the officials who are trying to serve them will not see the “real” budget and tax rates until mid-August, when it is virtually impossible to make changes.  The Commissioners should demand better.  The taxpayers, department heads, and county employees deserve better.  The buck stops with the elected Commissioners Court – not a hired budget officer.

“Road Bond projects approved by voters in 2019 and 2021 remain incomplete, over budget, and unresolved – months after we raised the issue in a February Commissioners Court meeting.  Although the county engineer provided two updates, the Commissioners Court has never publicly discussed or VOTED on how they intend to address the failure to make good on promises made to voters about improving their roads.  Even worse is the fact that the County desperately needs another independent review of county roads to determine budget allocations necessary to address road repairs and reconstructions. The last study was completed ten years ago! There is a huge cost for this failure – deteriorating roads and deteriorating public trust!”

Government Watchdog Chair Tom Fabry: “The enormous amount of goodwill built by former County Judge Nathaniel Moran (now US Congressman Moran) has been squandered. His legacy of transparency, due diligence, thoroughness, and purposeful community dialogue has been completely abandoned.  The higher standards of public integrity set by former County Judge Moran were incredibly valuable and should have continued.

“Repeatedly, Grassroots America’s Board has met with Judge Franklin to first privately discuss the Commissioners Court’s ongoing deficiencies in transparency, lack of due diligence, lack of cohesive planning, and shortcuts that put the best interest of taxpayers at great risk. Our private requests for course corrections have been ignored.  Our public requests for course corrections made in Commissioners Court meetings have been ignored.

“Our experienced and reasonable recommendations to Judge Franklin and the Commissioners Court to complete a rigorous review of county operations to discover opportunities to lower operating costs through increased efficiencies have been ignored.  Cost savings could free up tax dollars to redirect into areas where increased funding can be justified – without raising taxes. When running for office, Judge Franklin touted his experience with Lean Six Sigma methods learned as City of Tyler Fire Chief and promised he would use that expertise to benefit taxpayers. Unfortunately, this has never materialized.  Taxpayers deserve better and Grassroots America is determined to use every lawful means to seek accountability for Smith County taxpayers.” 

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March 14, 2025

After Smith County Commissioners Court Responds
to Our Questions on Road Bond Projects,
Reasonable, Unanswered Questions Remain!

On February 24, 2025, Grassroots America, called for a full public accounting of 2017 and 2021 Smith County Road Bond Projects, saying “Our audit revealed that the Smith County Road Plan promised to the taxpayers to be completed by 2026 is dramatically behind schedule and over budget. We call on the Smith County Commissioners Court to adopt a “business urgency” approach, work with the County Engineer to assemble all the facts and hold a public meeting in the very near future to inform citizens.”

On March 11, 2025, County Judge Neal Franklin’s Commissioners Court agenda included a non-action presentation from the County Auditor and County Engineer. Substantive questions remain unanswered.

• When will the promised projects be completed?
• What is the estimated cost of the remaining projects?
• Will unsold bonds cover the cost, excess cash reserves be used, or is a tax increase planned? What are the anticipated budgetary and taxpayer impacts?
• What percentage of the completed roads show signs of degradation? How much is due to poor drainage, poor workmanship, or damage caused by humans, animals, or weather?
• Is a one-year contractor’s bond adequate to protect taxpayers from substandard work?
• Why was the approximately $40 million in interest expense (a substantial cost to taxpayers) never acknowledged in the presentation?
• When, how and who will plan and update the Smith County Transportation Infrastructure Plan?

March 14, 2025

RE: 3.11.2025 SMITH COUNTY COMMISSIONERS COURT PRESENTATION ROAD BOND PROJECTS

UNANSWERED QUESTIONS ABOUT SMITH COUNTY ROAD BOND PROJECTS

SMITH COUNTY JUDGE AND COMMISSIONERS:

On February 24, 2025, Grassroots America, called for a full public accounting of Smith County Road Bond Projects, saying “After receiving numerous complaints from Smith County citizens, we conducted an audit of Smith County Road Bond project documents. Our audit revealed that the Smith County Road Plan promised to the taxpayers is dramatically behind schedule and over budget. We call on the Smith County Commissioners Court to adopt a “business urgency” approach, work with the County Engineer to assemble all the facts and hold a public meeting in the very near future to inform citizens.”

• The Phase 1 bond ($39.5 million) promised 376.5 miles of improved roads.
  • Only 204.5 miles were completed with bond funds
  • $3.5 Million of supplemental funding had to be applied to complete the additional 175.2 miles of basic maintenance.
• The Phase 2 Bond ($45 million) promised 282.2 miles of improved roads.
  • Just 99.1 miles have been completed to date
  • Just 38.4 miles are contracted or planned to date
  • Nearly 145 additional miles have not yet been contracted.
  • Supplemental funding of $10 million has already been appropriated

What was missing from the March 11th presentation were several critical points GAWTP had previously requested to be discussed. The failure to address these has clouded the goal of total transparency on the financials and deliverables.

1. The presentation stated a commitment to “complete the Smith County Road Bond Program.” Specific completion dates were not presented nor even discussed. The public has no benchmarks against which progress can be measured or against the FY26 completion, which was promised to the voters as the expected deliverable.
2. The financial report documented the current funding balance and additional $20 million of bond sale authorizations. However, there was no estimate of the funding required to complete those improvements due to inflation or other factors. Transparency requires both notification and quantification of risk.
3. Degradation has been reported on projects already completed. There was no discussion on this potentially significant financial risk to the taxpayers. There was no discussion regarding a need to perhaps extend the County’s current practice of a one-year contractor’s bond to two years. Again, this is an important topic that should have been discussed to protect taxpayer investments. Transparency requires a full discussion of project quality and what can be done to protect taxpayers.
4. The response to the above three issues will define the taxpayer exposure to the potential Interest & Sinking Fund (I&S) tax rate increase in the FY 2026 budget. Transparency requires disclosure of I&S tax rate impact as soon as possible so that the Commissioners Court can get to work cutting costs in other areas of the County Budget to ease the burden on taxpayers.
5. The Auditor reported that $2.2 million in Interest Income has been earned from the bond fund investments. This was new, and good, news. However, what was missing from the report was the approximately $40 million in interest expense, an incremental cost to the taxpayers. Full transparency requires both good and bad news.
6. No official has been charged with updating the strategically important Transportation Infrastructure Plan. That is critically important to prevent future crises that may require additional bond propositions. Full transparency in problem solving requires both short- and long-term strategic plans. (Should the Commissioners Court utilize a community task force approach, we strongly recommend that contractors who intend to bid on future projects or who have financial interests in those bidding companies are disqualified from serving on the task force.)

Unfortunately, the Court’s agenda packet did not include the slide deck. No opportunity was thus available to analyze or reinforce these concerns under “public comments.” Public comments can often stimulate the Court’s deeper discussions or an exploration of new concerns.

Moreover, this was styled on the agenda as a “presentation” agenda item, not a “discuss, consider and take any necessary action” item. There will be no opportunity for public comments or formal debate for SIX MONTHS until the first semi-annual update. Road conditions affect virtually everyone, every day. Road conditions are important not just to residents and businesses but to those providing public services – schools, emergency services, and law enforcement.

The taxpaying citizens of Smith County want, need, and deserve better from the Smith County Commissioners Court. A schedule of pending road projects must indicate to taxpayers WHEN and HOW the specific roads they travel every day will be fixed. Transparency depends upon our remaining six questions being fully discussed in public and answered.

We strongly urge members of the Smith County Commissioners Court to require full transparency of themselves as the administrators of Smith County.

Thomas Fabry, Board Member
Chairman, Government Watchdog Committee

February 25, 2025

Grassroots America Calls for Public Accounting
of Smith County Road Bond Projects

Tyler, Texas – Grassroots America, a statewide conservative public policy and citizen action group based in Smith County, Texas, today called for a full public accounting of Smith County Road Bond Projects, saying “After receiving numerous complaints from Smith County citizens, we conducted an audit of Smith County Road Bond project documents. Our audit revealed that the Smith County Road Plan promised to the taxpayers is dramatically behind schedule and over budget. There appear to be examples of “completed” road surfaces that differ from the improvements promised. Some completed projects are already showing signs of deterioration. The lack of financial and operational transparency in scheduling these road bond projects and reporting to taxpayers is just flat out unacceptable. Smith County taxpayers deserve better. We call on the Smith County Commissioners Court to adopt a “business urgency” approach, work with the County Engineer to assemble all the facts and hold a public meeting in the very near future to inform citizens.”

Have Smith County taxpayers received their money’s worth?

Grassroots America conducted a review of both Phase 1 and Phase 2 Road Bond Project documents that were publicly available on the Smith County web site and other documents we received in response to a Public Information Act Request.

The analysis posed troubling findings in both the miles of roads repaired and the cost of repairs when compared to published approved project lists.

• The Phase 1 Road Bond Program provided $39.5 million and proposed 376.5 miles of major reconstruction and widening, HMAC (Hot Mix Asphalt Concrete) overlay and reconstruction and miscellaneous improvements. According to the Phase 1 Bond summary, the county spent all $39.5 million to improve 204.5 miles of roadways, leaving a balance of 172 miles.
• The Phase 2 Road Bond Program provided another $45.0 million to be spent in FY23, FY24 and FY25. Approved projects specified another 282.2 miles of road improvements. The county is now nearly half-way through the project calendar. The status report dated January 6, 2025, documents that just a third of the promised miles – 99.1 miles – have been completed. Only seventeen (17) additional miles are under contract and a mere seventeen (17) other miles are even planned to date!
• To summarize, $98 million in financial commitments have improved 478.8 miles of the 658.7 promised miles of improvements (a shortfall of 179.9 miles). Just nineteen (19) months of the six-year road bond plan remains. Unfortunately, the County has not been transparent and forthcoming regarding either the performance shortfall or potential financial risk.

In addition to apparent slippage in the schedule and cost overruns, a non-scientific review of
the quality of improvements completed to date generate additional concerns. Segments of
completed roadways are already showing deterioration. In addition, improvements in other segments do not appear adequate to handle the volume and type of traffic experienced. Both issues indicate potential problems and financial exposure in the near future.

Grassroots America is publicly reporting our findings and concerns in response to the citizen
complaints we received. Our aim is to call attention to these increasingly serious issues, and to encourage a public accounting of the situation with a full discussion of solutions.

Much has changed since the project plans and bonds were approved. The County Engineer has been redirected to help oversee the courthouse construction project. Inflationary pressures have impacted both material and labor costs. Population and industrial growth have increased faster than projected. While these factors directly impact cost management, these factors in no way excuse the lack of disclosure to the taxpayers. Smith County received $44.5 million from the Biden Administration’s American Rescue Plan Act (ARPA). Reasonable questions arise regarding the use of this funding as well as the priorities the Smith County Commissioners Court placed on projects other than county roads.

Recommendations
Smith County citizens deserve and rightfully demand quality road infrastructure that provides safe and convenient transportation around the county. Today, Grassroots America petitions the Smith County Commissioners Court to:

• Provide the current status of funded road improvements, assess known concerns, summarize bond fund balances, specify any needed supplemental financing, and report a revised timeline to completion.
• Convene a public workshop that includes County Judge Neal Franklin, all four County Commissioners, the County Engineer, any required Road and Bridge staff, and the County Auditor to:
  • Vet and agree upon the County’s current ability to complete Phase 2 projects on time and on budget.
  • Prepare an updated project plan with dates and road segments through FY26.
  • Communicate the revised plans, dates to completion, and road standards to Smith County citizens the same way the road bond plan was “sold” to the voters – in community town hall meetings held around the county.
• Assign responsibility to revise the county’s long-range Transportation Infrastructure Plan, which was instituted under former County Judge Nathaniel Moran. The multi-year plan should ensure that the County’s road infrastructure meets the scope, quality, and financing necessary to adequately address the projected needs of the taxpayers. The updated long-range plan must contain specific road construction, surface maintenance, and drainage standards to accommodate East Texas soils, weather conditions, and population density.
• Utilize the road facts collected to set budget priorities for the next fiscal year and to construct a Business Plan for the Smith County Commissioners Court. This will set measurable performance expectations for the County’s governing body as well as demonstrate the Commissioners Court’s willingness to “lead by example.”

Finally, the dedicated Smith County Road and Bridge Engineer and his employees deserve the right tools, training, and consistent management from the Smith County Commissioners Court. We are deeply concerned that Mr. Davis’s attention has been redirected from his job – the Smith County Road and Bridge Department – to the courthouse construction project.

It is time to right this ship, which is badly “off course.” Smith County citizens need to see competence and caring from the Smith County Judge and Commissioners.

Thomas Fabry, Board Member
Chairman, Government Watchdog Committee