Even Approving the Minutes Is Sparking Debate In Commissioners Court These Days

The Fayette County Commissioners Court had a split vote last Thursday over what’s normally a routine item of business – approval of the minutes from their previous meeting.

Their meeting last Thursday, Jan. 9, began as usual with a prayer and pledges to the flags. The first item of business, just like every meeting, was to approve the minutes from their last meeting held on Dec. 23. That was the meeting when the Court voted 3-2 to appoint Pct. 2 Commissioner Luke Sternadel as the new County Judge Pro Tem. Sternadel replaced Pct. 1 Commissioner Jason McBroom, who had held that position since 2021.

According to the minutes from the Dec. 23 meeting, County Judge Dan Mueller, Pct. 1 Commissioner Drew Brossmann and Sternadel voted in favor of the appointment. McBroom and Pct. 3 Commissioner Harvey Berckenhoff voted against. The vote demonstrated a growing divide on the Court, with Mueller, Brossmann and Sternadel on one side, and McBroom and Berckenhoff on the other.

When the minutes from that proceeding came up at last Thursday’s meeting, Berckenhoff asked for some discussion.

“I’m questioning the vote from (the last meeting), Item No. 16,” Berckenhoff said. “I clearly only heard three votes that day – Commissioner Brossmann, myself, and Commissioner McBroom. It’s recorded as 3-2. I’m just questioning that because I listened to several recordings and all I heard was three people vote.”

At the Dec. 23 meeting, the Record could not hear Mueller or Sternadel vote. However, right after the vote, Mueller stated that he and Sternadel voted in favor of the appointment. No one questioned it at the time.

Mueller asked County Clerk Brenda Fietsam whether she was confident in the accuracy of the minutes.

“I only heard Commissioner Brossmann vote ‘aye’ and I didn’t hear anything else,” Fietsam said. “I looked up … and I heard McBroom and Berckenhoff. And then it was said what the vote was. I didn’t question it because I thought maybe I didn’t hear Commissioner Sternadel. Maybe I just missed it. I solely got that from what the Judge had said.”

Mueller then asked Sternadel how he voted at the last meeting.

“I voted in favor of it, of me being Pro Tem,” Sternadel said. “Maybe I need to speak up a little better.”

“Does that satisfy you?” Mueller asked Berckenhoff.

“No, it doesn’t satisfy me,” Berckenhoff said. “But it is what it is. I’m questioning it because I don’t think it was a fair vote. I didn’t hear it. Luke is the loudest one on the Court. I clearly did not hear him or you. If a person nods their head, that’s not a vote in my opinion.”

“I clearly voted ‘aye,’ and I clearly heard Commissioner Sternadel vote ‘aye,’” Mueller said. “I’m sorry if you didn’t hear that. Does that clarify things for you?”

“No, it doesn’t,” Berckenhoff said. “What you said, what you heard, I didn’t hear that. The recordings I heard clearly did not have it in there. So we can approve this, but I’m voting against it.”

Mueller asked Berckenhoff what recording he was talking about. Berckenhoff said he listened to the recording posted on the internet by William Bernsen, a Plum resident and former candidate for County Judge who routinely attends and records the Commissioners Court meetings.

“Maybe it’s a good idea if we start having the meetings recorded so we can go back and listen to it,” Berckenhoff said.

“Evidently you’ve got a recording from Mr. Bernsen,” Mueller said.

“I don’t do anything with him,” Berckenhoff said. “I listened to his website.”

“OK, we don’t have (legal) counsel with us today,” Mueller said. “But I suppose we’ll make a notation about Mr. Berckenhoff’s reservation about his memory.”

Fietsam then offered a suggestion to the Court.

“When there is clearly a division, that there is some discussion so it’s clear when you break a tie?” Fietsam asked. “Maybe that would help in the future.”

“Does the court not ask for discussion before we make a vote?” Mueller asked.

“No, that’s why I asked for discussion today,” Berckenhoff said.

“OK, we will make notations, Mrs. Fietsam, about Mr. Berckenhoff’s failure to hear the vote count last week,” Mueller said.

Mueller then called for a vote to approve the minutes with the notation about Berckenhoff’s comments. The vote was 3-1 with Brossmann, Sternadel and Mueller voting in favor. Berckenhoff voted against. McBroom was absent from the meeting.