A look at former Creedmoor admin’s resignation

CREEDMOOR — Former Creedmoor City Administrator Robert Wilhite resigned from his position last fall following several allegations made against him.

During the Creedmoor City Council meeting held on Sept. 29, 2023, the council met in closed session from 9:30-11:20 p.m. to deliberate a complaint and the employment, evaluation, duties, discipline or dismissal of the city administrator, according to the meeting minutes. Following extensive discussion once the item was brought back into open session, the council voted 4-0 to approve six months of severance pay with resignation.

The resignation comes on the heels of complaints originally made on June 29, 2023, by City Secretary Ernestina Cronshey, Finance Director Anna Ortiz and part-time clerk Darla Damron against Wilhite for multiple incidents. The city of Creedmoor retained the firm Denton, Navarro, Rocha, Bernal & Zech, P.C. to conduct a preliminary investigation and evaluation of the complaints. T. Daniel Santee, a partner in the San Antonio office of the firm, conducted the investigation.

After reviewing the complaints and correspondence, an initial round of interviews was scheduled with the people who were believed to have knowledge of facts that “may allow a preliminary conclusion as to the veracity of the complaints and the options available to the city,” according to the preliminary complaint report, which was obtained through an open records request by the Hays Free Press.

Wilhite was interviewed on July 31, 2023, and in addition to being placed under oath as the other interviewees, he was also provided a Garrity Warning. This is given to any public employee to compel their cooperation when criminal charges are a possibility; it allows them to answer questions in an interview where their testimony may not be used against them in any subsequent criminal prosecution. It also states,  "You are further ordered not to discuss this investigation with anyone other than your chain of command or attorney, including but not limited to, witnesses or prospective witnesses. A violation of this order will be considered an act of insubordination, which could result in disciplinary action against you up to and including termination from employment with the city of Creedmoor."

However, the firm that conducted the investigation received information in the days following Wilhite’s interview that supported that he discussed the interview and the investigation on numerous occasions with several people.

In addition to city employees, Mayor Fran Klestinec was interviewed on two occasions and City Attorney Don Bird was interviewed once.

Summary of allegations

According to the report, Cronshey, Ortiz and Damron alleged that Wilhite engaged in conduct over a period of time that made them feel uncomfortable.

The preliminary investigation was conducted under the premise that no city employee may engage in conduct at work that involves or could be construed as involving harassment toward any city employee, resident, customer or visitor on the basis of race, age, gender, religion, color, disability, national origin, sexual orientation or gender identity, the report stated.

The following additional legal issues were identified and included in the preliminary investigation:

•  Hostile environmentand harassment based upon gender and race under state and federal law

•  Violation of Local Government Code 252 by failing to bid projects that exceed $50,000 and by failing to contact two Historically Underutilized Businesses (HUB) for projects between $3,000-$50,000

•  Violation of the Texas Engineering Practices Act by failing to have a public works project designed by a licensed engineer

•  Violation of FEMA regulations by failing to obtain proper permits before performing work within the floodplain

•  Violation of the Texas Insurance Code by failing to require Texas Workman's Compensation Insurance on a public works contract

•  Violation of the Texas Government Code for failing to require payment bond on a municipal project over $50,000 and performance bond on a municipal project over $100,000

•  Violation of Government Code Chapter 176 for failing to comply with the requirements for vendors and city officials to declare relationships and conflicts

•  Violation of Texas Government Code, Chapter 2252.152; 2271.002; 2274.002 for failing to provide or verify contracted company affiliations

•  Failure to adopt and maintain purchasing policies, financial policies, cash handling policies, credit card policies and personnel policies

•  Misuse of city-owned equpment and debit card for personal purchases, failure to provide receipts, failure to reimburse the city for personal purchases

•  Failure to properly receive and document reimbursement for mileage in the absence of a contractual obligation for the city to pay a car allowance.

•  Failure to properly withhold or disclose income received in the form of monthly gas purchases of $500 per month

•  Requiring city employees to perform personal secretarial work for [redacted] and [redacted] while on the clock.

•  Improperly waiving permit fees and inspection fees and improperly performing or authorizing work on private property by city employees or with the use of city equipment in violation of the Constitution.

•  Directing city employees to ignore city ordinances and state law in reference to certain requests from individual residents and contractor

Cronshey alleged that during the months of February, March and April of 2023, Wilhite had called her fat numerous times. “She asked him to stop. He began to tell developers not to bring her food because she needed to lose weight,” the report stated. “She told him to stop again. During March 20-24, she did not work because of [redacted]. She no longer eats in front of Wilhite for fear of comments he might make.”

During May 2023, Cronshey alleged that Wilhite instructed her to fill out three permit applications and she let him know that she was not comfortable doing this because she did not know the exact information. She was again instructed to do it or the developer would come in and “chew her a** off,” according to the report, and Wilhite signed the permit applications.

Then, Cronshey alleged that in June 2023, a resident came into the city for a permit — she wanted information about building a garage and she was advised to come into the office with the design, according to the report. Wilhite started to ask the lady personal questions, including if she was married, had kids and where she worked. She worked at the same place of employment as Jacob Wilhite's ex, which prompted Wilhite to ask if she knew her. When she said no, he stated that she must know her because of her "breasts," illustrating with his hands how big he estimated them to be. Cronshey described the lady as looking uncomfortable. She advised that these types of incidents take place and that Wilhite likes to call ladies "pretty little things,” the report stated.

In her interview, Cronshey also described instances where it is alleged that Jacob Wilhite uses city equipment for his personal business. She also described an incident at a council meeting, when a resident came up to Cronshey and asked her why a city worker with city equipment was fixing a private driveway, the report stated, and she referred the citizen to Wilhite, who then advised the resident to “mind her own business.” She stated that Wilhite refers to the city's money as his money.

Ortiz alleged that she is working in a hostile environment and has been yelled at on many occasions.

“While interviewing two prospects, Wilhite started to ask them if they were married, how old they were and other personal information. Ortiz informed Wilhite that he could not do that, and he stated, ‘I will do what I want.’ He has also referred to Ortiz as the ‘queen b,’” the report stated. “She also alleges that Wilhite has informed them that ‘he is the city administrator, and we all must do what he says and keep our mouths shut since we seem to have diarrhea of the mouth.’”

In her interview, Ortiz said that she believes that friends of Wilhite may be getting favors and not having to pay for inspection or permit fees. City ordinance requires permits, even though Ortiz said Wilhite kept telling people they didn't need them. According to the report, council member Jesse Solis opened a food truck site and was required to pay permit fees — for more than a year, his business was up and running and Ortiz kept asking for payment, which he was not complete in paying. Solis then questioned something on payroll when Wilhite wanted him to vote for it, but Solis did not vote for it. After he did not vote in the manner Wilhite wanted, he told Solis he needed to pay his fees and Solis paid half of the balance, but Wilhite held on to the check and didn't deposit it.

Ortiz would notice a lot of charges for lawn mower parts, but still hasn't seen one for the city. Wilhite has a lawnmower repair business and he also purchases a lot of equipment from his friends.

In addition, Wilhite turned in “a lot of handwritten receipts for petty cash,” the report stated. Wilhite also used the city's debit card to fill up his truck. He was spending about $500 a week on gas and now — at the time of the report — it is about $200 a week.

On December 24, 2021, Wilhite purchased a gate opener. It was later determined this was a Christmas gift for [redacted] and Wilhite eventually paid for it after approximately a year. Recently there was a purchase for a fishing rod on the Home Depot credit card and baseball caps from Cabota — there is not a credit card policy.

Ortiz was also questioned extensively on bidding, insurance, bonds and petty cash. In her testimony, which the report claims would be compelling in a criminal investigation, she has questioned each of these things due to state law and irregularities that are present in the records. There is missing petty cash that was last handled by Wilhite prior to deposit. Ortiz could not explain how it came to be that Wilhite was using a debit card for the city's bank account rather than a city credit card. There was no explanation as to whether the city council had ever approved a car allowance or mileage reimbursement for Wilhite.

Damron alleged that on her first day of employment, she witnessed Wilhite chastising an employee for asking for the day off and if he could have his paycheck early.

She has also witnessed Wilhite saying negative things to Ortiz and Cronshey such as, ''you make my job hard" or "why do you make things so difficult," according to the report. Damron also witnessed a developer arguing with Ortiz regarding using his own inspectors and not needing the city to do the inspection. After the developer left, Jacob Wilhite also started to argue with Ortiz, then Wilhite joined in. She described the atmosphere as dysfunctional and unhealthy.

Wilhite’s responses

According to the report, Wilhite was not “as forthcoming in his interview.”

Santee, who conducted the investigation, started to describe to Wilhite the process for sealed competitive bids, but Wilhite stopped him midway and said, "I can stop you right there, what you've read so far, we have not done that. Not in that technique."

Also in the interview, Wilhite said that he did not use the city equipment for personal use and that if anyone did, maybe it was his [redacted], Jacob. He has used it before, but for road jobs for the city.

Wilhite denied saying anything that may have been inappropriate or in front of anyone. He went on to say that if he said anything like that, he said it because he thought they were friends, and he would be the first to apologize, the report stated. When asked about signing permits, he stated that there is a line for him to sign and that's what he signed. He also denied having the conversation with the new resident, but then said that he is pretty open with everyone, so that it could be possible.

In addition, Wilhite denied ever using profane language in front of anyone, belittling employees and saying to a female employee to stop “sucking his d* ** and let him go,” the report stated. When asked about the questions of prospective employees, Wilhite said he asked questions because he needed to know if they could be relied on to come to work.

Wilhite acknowledged using the city's debit card to purchase lawn mower parts, but said that the city owns two mowers; he has acknowledged reimbursing the city for the dinner and the gate opener. He confirmed his initials on the deposit slips where the money deposited was short of what was taken in.

Wilhite’s agreement to voluntarily resign his employment with the city was effective as of Sept. 29, 2023, according to the separation/severance agreement, which was obtained through an open records request by the Hays Free Press.

The agreement stated that the city will pay Wilhite the total gross sum of $35,000 in bimonthly payments with the city’s regular payroll in 13 equal amounts beginning on the first regular payroll day that followed the seventh day after the execution of the agreement. The net sum paid included all usual payroll deductions — including FICA, Medicare and taxes — but did not include contribution to the Texas Municipal Retirement System.

As part of the agreement, Wilhite consented to recovering all of his personal property in the city’s possession and that he has returned to the city all documents, files, computer files, diskettes, thumb drives, records, notebooks, data, equipment, credit cards, keys “and all other property belonging to the city that Wilhite removed from the city’s premises or that is otherwise in Wilhite’s possession or control.” As of Oct. 31, 2023, Wilhite represented and warranted that he will not keep any copies, electronic or otherwise, of any city property.

He also agreed to remove eight commercial picnic benches he loaned to the city within 14 days from the agreement.

The Hays Free Press reached out to Mayor Klestinec, but she declined to provide any additional comments. She stated that it is the city’s policy to not comment on personnel issues.