Ordinance 2025-17 – County Employee Business Transaction

Response Received: February 19, 2026

From: Tracey Mitchell, Independence County Clerk
CC: Daniel Haney, Prosecuting Attorney

County Clerk Mitchell provided the full text of Ordinance 2025-17 and vendor payment records for the employee’s business. Key revelations:

The Employee and Business

• Employee: Bill Johnson, Independence County OEM (Office of Emergency Management) Director
• Business: Emergency Services Products (ESP), owned by Johnson
• Johnson serves as OEM Director while selling emergency equipment and supplies to the county he works for

The Ordinance

• Passed July 14, 2025; filed July 15, 2025
• Requested by County Judge Kevin Jeffery
• Authorizes up to $30,000 per year in purchases from Johnson/ESP
• Made retroactive to January 1, 2024
• Cites ACA 14-14-1202(2)(A) as authority
• No committee meetings were held before the full Quorum Court vote

Payment Records: $12,279.28 Total (2022-2024)

2022: $1,223.40

• Small Equipment: $959.60 (Fund 1000)
• Hazmat Special Supplies: $263.80 (Fund 1000)
• Note: A $9,155 Machinery and Equipment purchase was made and voided on the same date (12/21/2022)

2023: $2,028.00

• Small Equipment: $507.00 (Fund 1000)
• Hazmat Special Supplies: $1,014.00 (Fund 1000)
• Janitorial Supplies Health: $507.00 (Fund 3403)

2024: $9,027.88

• Hazmat Special Supplies: $237.88 (Fund 1000)
• Small Equipment: $8,790.00 (Fund 1006)

Critical Issues Identified

1. Retroactive Authorization: The ordinance was passed in July 2025 but made retroactive to January 2024. This means $9,027.88 in 2024 purchases were made before any legal authorization existed. The retroactive clause appears designed to cover transactions that had already occurred. [HIGH CONFIDENCE]

2. Unauthorized 2022-2023 Purchases: Purchases totaling $3,251.40 in 2022 and 2023 remain outside even the retroactive date. Under ACA 14-14-1202, purchases from a county employee require Quorum Court authorization. [HIGH CONFIDENCE]

3. No Committee Review: Mitchell confirmed no committee meetings were held before the ordinance went to the full Quorum Court. An ordinance authorizing business with a county employee received no committee vetting. [HIGH CONFIDENCE]

4. Missing Disclosure Affidavit: ACA 14-14-1202 requires disclosure of the employee’s interest. No disclosure statement was provided in the response. [MEDIUM CONFIDENCE]

5. Spending Escalation: Purchases jumped from $1,223 (2022) to $2,028 (2023) to $9,028 (2024), a 638% increase over two years. [HIGH CONFIDENCE]

Still Outstanding

• Disclosure affidavit required under 14-14-1202
• Actual invoices and purchase orders (in storage, will be provided)
• Internal memos or correspondence

Source: FOIA #46 response from County Clerk Tracey Mitchell, Feb. 19, 2026. Ordinance 2025-17 (scanned original). Vendor Breakdown Reports for Emergency Service Products, 2022-2024.

Follow-up Response: February 26, 2026

From: Tracey Mitchell, Independence County Clerk ([email protected])
Date: February 26, 2026
CC: Daniel Haney (Prosecuting Attorney), Independence County Election Commission

Status Update on Outstanding Items

In response to a follow-up inquiry on February 25 regarding outstanding items from the Ordinance 2025-17 request, County Clerk Mitchell provided clarification on several matters:

1. Disclosure Affidavit: Mitchell confirmed she does not have a disclosure affidavit concerning Ordinance 2025-17. This affidavit is required under ACA 14-14-1202 for transactions with county employees. The absence of this document remains a significant compliance gap.

2. Emergency Service Products Invoices: Mitchell stated the ESP invoices were already provided on a jump drive with election commission records and attached another copy to her February 26 email. The invoices were originally noted as being “in storage” in the initial response.

3. No Items for Pickup: Mitchell confirmed she does not have anything in her office for pickup, addressing questions about transaction records mentioned in prior correspondence.

Updated Status: Disclosure Affidavit

The missing disclosure affidavit is now confirmed as non-existent in County Clerk records. ACA 14-14-1202 explicitly requires:

“…full disclosure of the employee’s, agent’s, or official’s interest in a business transaction shall be filed with the county clerk before a contract is executed or a business transaction is consummated.”

This requirement applies to all transactions between the county and Emergency Service Products (ESP), owned by OEM Director Bill Johnson. The statute mandates this disclosure be filed before any contract is executed or transaction occurs.

Critical Timeline Issue

Combined with the retroactive nature of Ordinance 2025-17 (passed July 2025, retroactive to January 2024), the absence of any disclosure affidavit means:

• $12,279.28 in purchases (2022-2024) occurred without required disclosure
• $9,027.88 in 2024 purchases occurred before any Quorum Court authorization existed
• $3,251.40 in 2022-2023 purchases remain outside even the retroactive authorization date
• No disclosure was filed before any transaction was consummated, as required by statute

Response History

• February 19, 2026: Initial response provided Ordinance 2025-17 text and vendor payment records; noted invoices in storage
• February 25, 2026: Follow-up inquiry submitted regarding missing disclosure affidavit and ESP invoices
• February 26, 2026: Mitchell confirmed no disclosure affidavit exists; ESP invoices already provided on jump drive

Last updated: February 26, 2026. Source: Email from Tracey Mitchell ([email protected]), February 26, 2026.