City official: Petition to recall Bastrop mayor rejected (2024)

A new deadline is underway after Bastrop interim City Secretary Irma Parker rejected the petition to recall Bastrop Mayor Lyle Nelson, Bastrop Mayor Pro Tem John Kirkland told Community Impact.

Two-minute impact

Kirkland, who helped organize the petition, said he received notice of the rejection Aug. 24.

According to Section 10.04 of the Bastrop Home Rule Charter, the corrected petition must be submitted within 10 days of the notice; this means petition organizers have until Sept. 3.

Parker is scheduled to present her findings at the Bastrop City Council meeting Aug. 27 at 6:30 p.m. in city hall, per the agenda.

Some context

An investigation began in 2023 following accusations against Nelson for his alleged involvement with a Visit Bastrop investigation.

On July 25, a petition with more than 1,600 signatures from Bastrop voters was submitted to the Bastrop City Secretary's office.

During the Aug. 13 council meeting, Parker confirmed there were enough signatures in the petition according to Section 10.07 of the charter; however, she questioned whether the requirement regarding an affidavit for each petition page was met.

How we got here

A financial audit by Haynie & Company found about $70,000 of public funds approved by Susan Smith, Visit Bastrop’s former CEO, lacked proper documentation between 2021-23, according to previous reporting by Community Impact.

An investigation into Nelson’s role in the Visit Bastrop financial misconduct allegations was completed in December 2023 by Sarah Glaser of Lloyd Gosselink Attorneys at Law, a copy of which was obtained by Community Impact.

In it, Glaser looked into the following:

• If Nelon had any knowledge of the misuse of public funds
• If Nelson shared confidential information with Smith
• If Nelson participated in discussions regarding Visit Bastrop where he had an undisclosed conflict of interest
• If Nelson was involved in a romantic relationship with Smith, which led to his concealing the relationship from the public during the election

Per the document submitted to Bastrop City Manager Sylvia Carrillo, Glaser said she found no evidence of Nelson:

• Having knowledge of the misuse of public funds
• Sharing any confidential information with Smith
• Participating in a conflict of interest, noting that the city’s code of ethics does not prohibit a friendship, romantic or sexual relationship with an employee of a city contractor; however, Glaser said in the document that there was discussion of Visit Bastrop’s budget and business operations via text messages between Nelson and Smith in May 2023—one month before he was sworn into office as mayor.

Regarding Nelson’s affair with Smith while acting as Bastrop Mayor, Glaser said after questioning Nelson more than once on Dec. 12, he admitted to having the affair while in office—between June 20, when he was sworn in, and Aug. 10. Glaser added that Nelson refused to provide copies of personal phone records.

What you need to know

The following is a timeline of what has happened regarding the petition to hold an election to recall Nelson:

• June 20, 2023: Nelson begins his mayoral position
• August 2023: Visit Bastrop employees file complaints about financial misconduct
• Aug. 31, 2023: Investigation into Nelson’s alleged misconduct begins
• Dec. 20, 2023: Investigation concludes
• Jan. 18: Ethics complaint is filed by Kirkland
• April 10: Bastrop Ethics Commission issues a letter of reprimand against Nelson
• April 29: Council members pass a resolution placing eight limitations on Nelson
• July 25: The recall petition is submitted
• Aug. 13: Parker says she needs more time
• Aug. 24: Parker notifies petition organizers of the rejection
• Sept. 3: Last day to submit the corrected petition

One more thing

During the Aug. 13 council meeting, Bastrop City Attorney Alan Bojorquez said residents can neither add nor remove their names following the original filing of the petition.

Carrillo suggested an alternative for those who may have changed their minds.

"The power of the recall is at the ballot box," Carrillo said, explaining that voters can make their final decision for or against Nelson's removal at the recall election if the petition is deemed sufficient.

Thanks for reading!

Become a CI Patron