Accountability...

Sometimes, in the course of writing a column, you're faced with quite a dilemma: Trying to get your message or opinion across without turning the entire subject into some sort of slugfest even Jerry Springer wouldn't want to be involved in.

And while, at times, it's not all that hard to keep the chair-wielding public at a safe distance from the Geraldo Riveras of the world, there are other times when things simply become so inflammatory there's no way around the inevitable clash between those on either sides of the issue.

Such has been the case with recent allegations of illegal campaign contributions accepted by Mayor Tommy Duncan and councilmen Marcus Fernandez (District 1) and Glen Carrigan (District 3) during their most recent bids for office.

Oddly enough, however, it seems like the battle regarding this issue has been a bit one-sided.

The Herald has received numerous e-mails, phone calls and letters applauding the newspaper's efforts to expose the truth surrounding these allegations, most recently in a column I penned calling for all three men to step down from their respective offices.

Complaints were filed against all three council members by the Big Spring Herald earlier this year after investigative reports by the newspaper uncovered that all three had accepted campaign contributions — Duncan during his 2010 bid for mayor and Carrigan and Fernandez during their May bids for seats on the council — from a pair of Crossroads corporations.

The complaints alleged Duncan accepted a $300 political contribution from Hydro Dynamics Inc. and a $500 political contribution from Quad A Inc.; Fernandez accepted a donation of $1,000 from Quad A Inc. and a $200 donation from Hydro Dynamics; and Carrigan received $1,000 from Quad A Inc. and $400 from Hydro Dymanics.

And while a Howard County grand jury recently no-billed all three men — meaning they failed to indict them on criminal charges — the ethical side of this matter has barely even been breached.

A civil suit has been filed by former District 1 councilwoman Stephanie Horton against Fernandez, with former District 3 councilwoman Joann Staulcup expected to file a similar suit against Carrigan. Also on the civil side of the matter, all three men could face action from the Texas Ethics Commission.

So, let's get down to brass tacks on the issue. First, it is — without a doubt — illegal for those campaigning for mayor or another seat on the city council to accept a contribution from a corporation. Fernandez briefly argued against this, saying his lawyer advised him it was not illegal, a notion that was quickly dispelled by Tim Sorrells, deputy general counsel for the Texas Ethics Commission.

However, for the matter to enter the criminal arena the three men would have had to accept the contributions while knowing it was illegal to do so. And that's where our local trio depart the criminal path, as all three admitted to accepting the contributions, but said they were not aware doing so was a crime when it happened.

Hence, the grand jury made the right decision not to indict the men on third-degree felony charges.

Bear in mind, however, this fact does not — and should not — exempt them from the non-criminal aspects of what happened. There is still the matter of ethics, an aspect all three men seem content to quietly sweep under the rug.

All three men signed a form stating they had read and understood the instructions and laws included in their election packages provided by the city of Big Spring. That document includes the statement “I am aware of the restrictions in title 15 of the Election Code on contributions from corporations and labor organizations.”

So, my question comes down to this: Did the three council members lie when they signed the election form or did they lie when they told investigators they didn't know it was illegal to accept contributions from a corporation?

If these council members are incapable of legally operating a campaign fund worth a few thousand dollars, should the taxpayers trust them to form and execute a budget worth millions, or even approve monthly vouchers, which total more than $1 million every two weeks?

Are Duncan, Fernandez and Carrigan money-hungry politicians looking to bend and break the rules as long as the outcome serves their purposes? Should we be comparing them to the loathsome career politicians who have bankrolled more than just their elections with ill-gotten funding and kick backs?

I seriously doubt that.

However, how will taxpayers ever be able to trust them in the future with this stain already upon them? If a mistake turns up in the weekly vouchers and one of these men doesn't catch it, will taxpayers cast a glaring eye back to this situation? There are so many questions at this point, and no answers.

Personally, I'd like to hear what the citizens and taxpayers of Big Spring think about this situation. Should all three men step down from their seats on the city council, or should they continue to serve? Should ignorance of the law essentially exonerate them, and, if so, how far up the political food chain should this defense be allowed?

What if former U.S. President Richard Nixon had come out after the Watergate scandal and simply said, “Wow, I didn't know it was a crime to do that?”

Let's hear from you, Big Spring residents. Send us your thoughts on the issue — along with your name, address, a phone number and permission to publish your letter. This is your city, after all, and ultimately, these men work for you.