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Council hears pleas to reinstate water-bill stipend for retired volunteer firefighters and EMS; city attorney flags constitutional issue
Summary
Public commenters urged Angleton City Council to restore a water-bill contribution for retired volunteer firefighters and EMS volunteers; the city attorney said the practice likely raises constitutional and criminal-misappropriation concerns.
Public commenters and volunteer representatives urged Angleton City Council on Jan. 14 to reinstate a water-bill contribution historically provided to retired volunteer firefighters and long-serving EMS volunteers, and to correct what residents said was an abrupt and poorly communicated termination of that benefit.
Two speakers, Lucille Mayes and Scott Myers, described the benefit as long-standing and socially valued by volunteers who in many cases served 15 to 20 years. They said the stipend covered base water, sewer and garbage charges and that the sudden removal of the stipend had caused frustration and hurt among retirees and active volunteers. Commenters asked the council to reinstate the stipend and to apologize for the way the change was communicated.
City staff reported that the practice had been in place at least since 1997 and that in 2002 the council's decision grandfathered volunteers active at that time but excluded new entrants after Jan. 1, 2003. The utility-billing supervisor told staff that the stipend had been removed as of the Oct. 25, 2024 invoice and had not been readded.
City Attorney (Grady) presented a legal analysis: he cited Article 3, Section 51 and Article 16, Section 6 of the Texas Constitution and related state law, stating that the Texas Constitution generally prohibits the appropriation of public funds for private individuals or purposes and that continuing the stipend could present a legal risk, including potential misappropriation under penal-code provisions if public funds are knowingly misapplied.
Council and staff discussed alternatives. Suggestions included (a) structuring a lawful city-paid benefit tied to compensation or an authorized retirement program for active employees (rather than a stipend to private individuals), (b) using voluntary donations collected on utility bills (donation accounts) to support retiree benefits if the donors designate the use and the funds are administered transparently, and (c) exploring whether a narrowly tailored reimbursement or retirement credit program could be created that fits constitutional constraints. Staff said they would survey other cities and research legal routes, and council asked staff to return with legal options rather than reinstating the stipend immediately.
No formal action was taken. Council members expressed appreciation for volunteer service and regret about the manner of notification; they directed staff to study lawful alternatives and to consult with auditors and outside counsel as needed.
Speakers at the meeting emphasized the volunteer pool is small (the packet showed about 11 retired volunteer firefighters and two or three EMS retirees) and that reinstating the modest stipend would be meaningful to long-serving volunteers. Staff and councilmen said the legal opinion prevents immediate restoration without a lawful mechanism.
