On Oct. 20, the Kyle City Council heard the results of an investigation into whether former Mayor Travis Mitchell’s relationship with civil engineering firm American Structurepoint, or ASP, violated any laws or ethics codes.
What happened
ASP holds multiple contracts with the city of Kyle to design roundabouts and serve as a subcontractor for road projects. The investigation—conducted by PNT Law Firm—examined whether Mitchell, now an ASP employee, influenced the contract awards for personal gain.
The investigation found no violations of the Texas Local Government Code or Texas Penal Code and no indication that Mitchell improperly influenced the contract awards.
However, the investigation found that Mitchell did violate two City Charter and Ethics Code provisions regarding disclosure, according to agenda documents.
“The major allegations were all resolved in favor of Travis,” said Arnold Spencer, managing partner at Spencer Associates and Mitchell’s legal representative. “We thought that the technical violations that were reported were technical. My understanding is that a great deal of money was spent, and frankly, not a great deal of value that taxpayers received from it.”
Diving deeper
The PNT Law Firm investigation found no evidence of long-term ethical violations by Mitchell, according to agenda documents. No witness could provide specific evidence of ethical issues with ASP beyond Mitchell's current employment.
"The independent investigation by PNT into former Mayor Travis Mitchell's relationship with American Structurepoint has raised important concerns that deserve the council's attention," said Mayor Yvonne Flores-Cale. "The report identified violations of the City's Charter and Ethics Code. It also found no evidence that City contracts were improperly awarded, that the City suffered financial losses or that criminal wrongdoing occurred."
The firm reviewed past council meetings and interviews that confirmed ASP was selected for city projects through robust Request for Quotation, or RFQ, processes or by an outside contractor—primarily carried out by global contracting firm H.W. Lochner. Members of the RFQ panels denied that any influence by Mitchell impacted the firm’s selection.
Additionally, prior corruption allegations did not result in any findings or action by the city.
Mitchell was found to have violated two City Charter and Ethics Code provisions, including:
While Mitchell did not participate in discussions or votes related to ASP contracts while interviewing for a position with the company, he did not officially recuse himself or make the potential conflict of interest known, said a PNT Law Firm representative.
Additionally, ASP violated City Charter Section 12.02 “Acceptance of Gifts.”
The process
PNT Law Firm interviewed 20 current and former city employees and council members. Three individuals who were contacted in numerous ways chose not to be interviewed: Bear Heiser, Spencer Keane and Robert Rizo, according to agenda documents.
Mitchell also declined to be interviewed, denied all claims of wrongdoing and refused to respond to written questions. ASP also refused to be interviewed or answer written questions.
PNT Law Firm reviewed various materials in its investigation, including contracts, official city correspondence with Mitchell, financial disclosure reports, city emails, city council meeting videos, minutes and agendas and ethics complaints.
The firm did not review communications between Mitchell and ASP or financial records for Mitchell and ASP. Investigators had no authority to force Mitchell or ASP to provide these documents or other materials, according to agenda documents.
"We should also recognize that investigators lacked the authority to compel testimony or documents, leaving some questions unanswered," said Flores-Cale.
Looking back
"As Mayor, my responsibility is not to assign blame or engage in political disagreements," said Flores-Cale. "It is to ensure that we address the findings, follow the law and protect the interests of our residents."
The investigation determined Mitchell was aware people would attack him for taking a job at ASP, that he acknowledged there was a point where he told ASP to stop negotiations until after the November election, said he “skipped out” on votes to not “break the rules,” and said he did not give ASP work in exchange for the job, according to agenda documents.
“At this point, I think Travis is ready to move on,” Spencer said. “That's really in the best interest of everybody, not only his own family, but also the community.”
