FATE, TX – The City Council voted to investigate Councilman Mark Hatley, setting off a political drama that some view as a battle of power between two diametrically opposed groups.
At the center of the dispute is an ethics complaint filed March 25, 2026, by Councilman Scott Kelley against Deputy Mayor Pro Tem Mark Hatley, tied to audio recordings previously reported by Pipkins Reports. The Fate City Council took up the matter during its April 6 regular meeting at City Hall where members entered executive session to review the complaint under provisions of the Texas Open Meetings Act and personnel deliberation statutes.
According to the official agenda, council members met privately with legal counsel to conduct an initial screening of the complaint. The session relied on guidance from attorney Ross Fischer of Ross Fischer Law, PLLC, whose memorandum outlined potential violations of the city’s Code of Ethics. That memo, later made public by council vote, identified two allegations as sufficiently credible to warrant further investigation: interference in administrative matters and disclosure of confidential information.
[Memorandum from Ross Fischer]
The memorandum detailed specific excerpts from recorded conversations between Hatley and City Manager Michael Kovacs, including alleged remarks suggesting pressure or influence related to the police chief’s employment. In one instance cited in Fischer’s memorandum, Kelley asserts that Hatley allegedly warned Kovacs that the situation “would not bode well” for him, language the memo suggests could be interpreted as administrative interference under Section 2-309(10) of the city’s ethics code.
The second allegation centers on the release of the recordings themselves. Fischer’s analysis concluded that the audio contained discussions about personnel matters typically reserved for closed session, and therefore may constitute confidential information under Section 2-309(6). The memo notes that the City Council later voted to waive privilege and release the recordings officially, but that Hatley had allegedly distributed them prior to that authorization.
During the open session that followed, Councilman Mark Harper moved to make the executive session public, a motion seconded by Councilman Codi Chinn and approved unanimously, 7-0. Councilman Hatley voted in favor of that motion, joining the full council in opening the executive session discussion to the public for transparency.
Councilman Kelley then made a motion to proceed with a formal investigation into Hatley’s conduct, citing the findings outlined in the memo. In doing so, Kelley referred to Pipkins Reports as a “local opinion blogger,” a characterization that may be viewed by some as dismissive.
The council ultimately voted 5-2 to move forward with the investigation. Mayor Greenberg and Councilman Hatley cast the dissenting votes, while the remaining five supported the inquiry. According to Councilman Rick Maneval, Fischer indicated during executive session that he did not expect an investigation to uncover additional substantive facts beyond what was already known, aside from giving Hatley an opportunity to formally respond.
In a separate but related action, the council voted unanimously, 7-0, to dismiss a third allegation from the ethics complaint that falls under Section 2-309(5), which concerns granting special consideration or advantage. Fischer’s memo found that the claim lacked sufficient detail and failed to identify a specific beneficiary, rendering it inadequate under the city’s ethics standards.
The decisions come amid a broader political dispute, as one of the members of a recall petition is now also under investigation for ethics violations.
Mark Hatley is one of three councilmen, along with Rick Maneval and Martha Huffman, plus Mayor Andrew Greenberg, who are currently the subject of a circulating recall petition. Some residents have suggested that effort is, at least in part, a response to a separate recall targeting Councilman Codi Chinn, which is set to appear on the May ballot.
Chinn’s public supporters include Councilman Mark Harper and Councilman Scott Kelley, both of whom now play central roles in the current ethics dispute. Harper has been accused by City Manager Michael Kovacs of making threatening statements, an allegation that has not been adjudicated but adds another layer of tension to an already volatile situation.
From a procedural standpoint, the council’s vote will authorize Ross Fischer to conduct an investigation, as the City’s in-house attorney would have a conflict of interest.
** Mark Hatley couldn’t be reached for comment prior to publication.