The Texas Department of Public Safety’s Texas Rangers are in the midst of conducting an “abuse of official capacity” investigation within the City of Odessa.
Earlier this month, the Odessa American filed two open records requests with the City of Odessa after receiving tips that complaints had been filed against Assistant City Manager Agapito Bernal with Human Resources and City Manager John Beckmeyer and that Equipment Services Director Chris Adams had been misusing his government purchase card.
On Tuesday night, the council took no action after going into executive session to discuss “the appointment, employment, evaluation, reassignment, duties, discipline or dismissal” of Adams, who was hired by the city in June 2023.
On Wednesday morning, the Odessa American was notified the city has asked the Texas Attorney General’s Office for a legal opinion on both of its requests.
According to a letter sent to the AG’s Office by City Attorney Dan Jones on Oct. 18, the requests are tied together and the release of the information would “interfere with the detection, investigation or prosecution of crime.”
“The city has a legitimate interest in preserving the secrecy of its records from the eyes of defendants and their counsel in criminal actions,” Jones wrote.
He further stated the city’s internal auditor is still investigating and “The City of Odessa will need to gather all evidence for the Texas Rangers and the premature release of information may hinder their investigation.”
“It is in the city’s opinion that Exhibit “B” and Exhibit “C” are related to Texas Penal Code – Penal 39:02 Abuse of Official Capacity,” Jones wrote.
Jones then provided a definition of the crime, which notes the offense can be a misdemeanor, a state jail felony or a third degree felony, depending upon the circumstances.
According to the penal code, “a public servant commits an offense, if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly 1) violates a law relating to the public servant’s office or employment or 2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.”
In a second letter dated Oct. 18 Jones informs DPS’ assistant general counsel that the OA has requested information about Bernal and Adams and he’s sought an opinion from the AG about the release of such information.
Jones noted the information sought by the OA “include records we received from you or from your company.”
He also informs the lawyer she can also object to the release of the documents, but must do so within 10 days of receiving his letter.
Since he was hired, Adams convinced the city council to create its own tire shop and to purchase fuel equipment so city employees can fuel city-owned vehicles. Both measures, he said, would save the city money.
Adams has also been named in a lawsuit filed in Ector County District Court against the city by Southern Tire Mart, which alleges Adams has hostile feelings toward the company and as a result the city has intentionally violated Texas law by purchasing tires from a competitor for the last year.
The lawsuit alleges Adams falsely claimed STM double billed the city by more than $180,000 and did not retract that statement despite being shown documents disproving it.
Ector County Commissioner Don Stringer also emailed Beckmeyer back in August that Adams was using a city-owned vehicle to drive back and forth to his home in Lubbock, thus violating a city policy.
Emails obtained by the Odessa American under the Texas Public Information Act, show Beckmeyer told Adams to stop using the vehicle to commute.
