COOPER PLEADS GUILTY
Former city secretary strikes plea bargain
By Lori Mellinger

Cooper

Former Bullard City Secretary Patty Cooper pleaded guilty on Monday to three charges - ranging from a seconddegree felony to state felony charges, but she won't have to spend any time behind bars.

D i s t r i c t Judge Kerry Russell set Cooper's sentencing date for 4 p.m. Feb. 26. The judge has the right to accept the plea agreed upon by the prosecution and defense or reject it and impose his own sentence.

In all, Cooper is likely to pay the city $88,304.58 - with $65,000 due in May.

Cooper has a certificate of deposit, which matures in May, worth about $65,000, and she's agreed to sign it over to the city on the date it matures.

The investigation into Cooper's misdeeds has spanned over two years now - since her indictment by a Smith County grand jury in January 2005. But the investigation, according to Bullard Police Chief Gary Don Lewis began with actions stemming as far back as Dec. 22, 2000.

"It's the people of Bullard - not the City of Bullard - who were the victims of Patty's crimes," said Bullard Mayor Pro-Tem A.W. Hines. "After all this time it's a relief to see her admit to her guilt.

"Maybe now the city can move on."

Robert Perkins Jr., left, consults with his client and former Bullard City Secretary Patty Cooper after court Monday.

Cooper - who has yet to face sentencing - admitted to her guilt in open court as Hines, councilman Rodger Johnson, Lewis and City Manager Larry Morgan watched.

In December 2005, a Smith County grand jury found enough cause to indict Cooper, 60, of theft by a public servant, between $100,000 and $200,000. The charge, a firstdegree felony, was later reduced to a smaller amount and a second degree felony.

Cooper turned herself into Smith County authorities Jan. 9, 2005, and spent less than an hour in custody before she was released on a personal recognizance bond.

Cooper is accused of stealing the money in the form of cash, checks, utilities and other property from city coffers, the Smith County district attorney said.

But the work done on the investigation began much earlier with Lewis digging through trash trying to piece together exactly where all the missing money was.

He called for the assistance of the Texas Rangers, and Kenny Ray helped Lewis put together a solid case against Cooper.

Peter Keim, Smith County assistant district attorney, said the indictment accuses Cooper of stealing the money and property over a period of four years, beginning Dec. 22, 2000.

"The city of Bullard is alleged as a victim," Keim said. "The citizens of Bullard are the victims as well, because that's money she stole that could have gone to benefit the city of Bullard and the citizens."

With the city struggling to update infrastructure and brace for the growth, Hines said the money would help.

"We're running on a tight budget, and this money - while maybe not a huge amount for some cities - is a lot to us," he said. "And the taxpayers shouldn't have to bear the burden of Patty's actions."

The plea agreement reached by the prosecution and Cooper's defense attorney stipulates Cooper must pay the city $88,304.58 in restitution, but she won't be incarcerated - instead - if the judge agrees - she will receive 10 years deferred adjudication.

If Cooper commits no crimes in the 10-year period, her criminal record will be erased. The prosecution added that Cooper jointly owns a 38-acre tract of land in Cherokee County, which - as a condition of her divorce - must be sold within 10 years with the proceeds split between she and her ex-husband.

"We're asking the land be sold and all of Ms. Cooper's proceeds added to the restitution, " Keim said.

The case began as a suspicion of tampering with official documents, but as Lewis found, it went much deeper.

The Bullard Police Department and Texas Rangers spent more than a year and a half combing through documents relating to Cooper's alleged misconduct.

Ray presented the case to the grand jury near the end of December 2005.

Cooper's alleged misconduct came to light in November of 2004 when she resigned her position after the city council placed her on administrative leave.

Bullard Police and Texas Rangers later arrested Cooper for allegedly tampering with governmental records.

In May of 2005, Cooper was charged with tampering with governmental records.

Cooper resigned her position as city secretary in November of 2004, after the council placed her on administrative leave.

Cooper, in her resignation letter to the council said, "I feel this action is in the best interest of the City.

I do not want the attention of an investigation to interfere with the important day-to-day business of the city. I look forward to being able to review and respond to the results of this investigation."

Cooper's actions came in the wake of the council placing her on administrative leave after she was arrested.

After accepting Cooper's resignation, the council hired forensic auditing firm to take deeper look at the city's accounting practices.

Bailes and Co., a Tyler accounting firm, conducted the audit - spanning over five years -- and turned results over to Ray.

Cooper's first charges focused on accusations that she falsified community service records for a female probationer who lived with her son. That case, according to the district clerk's office, was adjudicated in November 2005.

Morgan said that the mayor and council began changing city hall practices shortly as Cooper was placed on administrative leave.

After the investigation, the city council tightened reins over who is authorized to write checks for the city.

Mayor Connie Vaughan said the investigation of Cooper did not directly lead to the change in government.

"I can't really say that had anything to do with our reorganization because I took office in May 2003, and I started trying to get the city moved to a city manager form of government at that time," Vaughan said in an earlier interview.

But Vaughan indicated previously that it might have been the impetus behind switching to a manager-council form of government.

"We instituted controls that may have been weak in the past," Vaughan said. "It's possible Patty has made decisions in the past without the council's approval.

"As a city grows, it needs someone there daily to make decisions. We believe that bringing in Larry Morgan - who has excellent qualifications will allow us to spread some of the duties around."

The city manager is also the city's chief financial officer

Vaughan had previously said Cooper's alleged misconduct was discovered at the same time authorities were investigating finances.

In all, Cooper pleaded to three charges- two for tampering with governmental records and the other for theft. The tampering charges are state jail penalties.

The theft charge is a second degree felony.