In a 4-1 vote, the Bandera City Council voted during a special meeting on Jan. 2 to remove Nancy De Foster as City Marshal, citing insubordination against her supervisor, City Manager Stan Farmer.
Though the meeting was announced on short notice (in Texas, city council meeting agendas must be posted at least 72 hours in advance with the exception of special meetings or emergencies), the room was not able to house the many attendees, leaving quite a few listening in on YouTube just outside the doors.
De Foster was sworn in as Marshal on May 2, 2023. Rusty Pancoast had been serving temporarily in the position following Will Dietrich’s termination from the position on Nov. 30, 2022. Dietrich had been placed on paid administrative leave starting Oct. 23, 2022.
During a Dec. 2021 special council meeting, City Administrator William Cox, who later resigned, outlined recruitment efforts, including submitting RFPs to executive recruiting agencies, but responses were limited, with most declining or offering interim services.
Despite this, the city received 11 applications and developed a vetted scoring rubric. The council chose to review the current applicants and formed a five-member committee to handle the process: Councilman Jerry Russe and Jeff Flowers, County Attorney Janna Lindig, local businesswoman Cindy Coffey and Interim Marshal Rusty Pancoast.
The meeting opened for public comment before Farmer’s presentation of evidence, where four of the five speakers spoke in support of De Foster staying in office.
Bandera Pioneer River RV Resort owner Jeannie Williams opened with her opinion of De Foster.
“I see an honest, conscientious, law abiding and quality individual,” said Williams, who also spoke of the Feral Cat Program – a program that helps cats in Bandera County receive care they need – which De Foster had been working with Williams on.
After Williams, Don Phillips, President of the Board for Ranchers and Landowners Association of Texas, stated that the council was lucky to have someone like De Foster on staff, a sentiment which speakers Christopher Dion – a veteran of 28 years, law enforcement for 18 years – and Cindy Coffey – a former councilwoman and member of the committee in which appointed De Foster in - Nancy De Foster
“I’M BEING WATCHED LIKE A HAWK...BUT WHO WATCHES WHEN OUR CITY ADMINISTRATOR DOESN’T ATTEND MEETINGS HIMSELF? WHO REPRIMANDS HIM?”
the first place – echoed.
Debbie Asher was the only speaker to speak against both De Foster and possible interim appointee, Earl Heidelberg.
“I have a 17-year-old daughter that calls [Heidelberg] Daddy. The relationship is inappropriate.”
The council then broke off to closed session and deliberate with legal counsel. De Foster requested the subsequent hearing be open to the public, which was granted.
Mayor Denise Griffin noted she’d received around nine emails during the closed session that spoke of more support for De Foster’s continued employment.
The hearing opened with Bandera’s City Administrator Stan Farmer explaining his request for De Foster’s removal.
The evidence compiled consisted of a Performance Improvement Plan, or PIP, which requested De Foster to enroll in leadership courses and mandatory participation in department meetings.
Farmer stated an officer had approached him regarding the “low morale” in the office and that the software they were required to use was unhelpful.
Farmer stated that additional officers approached him to report De Foster’s alleged unprofessional behavior, adding that he, too, had experienced it firsthand. He mentioned that De Foster frequently engaged in “shouting matches” with him.
Farmer recounted an incident when he requested a meeting with De Foster at 8:30 a.m., to which she replied that her workday began at 9:00 a.m. He also noted a significant lack of communication between them and remarked that “her achievements are overshadowed by her unprofessional behavior.”
According to Farmer, such behavior included taking four days off without notification, though De Foster later stated she acknowledges the mistake and her deputies knew where she was.
“At the very least,” Farmer said in conclusion of his presentation, “I am requesting probation.”
De Foster then took the stand in her own defense.
Before the discussion began, Council Member Debbie Breen inquired whether De Foster had received the packet of “evidence” Farmer had just presented. De Foster said she hadn’t, a statement corroborated by City Secretary Jill Shelton, who had a hard copy on hand to provide.
“I have an unblemished record,” De Foster said, referring to her time as sergeant of the Honolulu Police Department – something reflected by Coffey during De Foster’s initial interviews. “This is entirely a personality issue.”
De Foster asserted Farmer had misrepresented the number of officers who had come forward to complain about low morale—a falsehood to which she claimed Farmer later admitted.
She also noted that, aside from the training mandated by the PIP, which she had anticipated Farmer would facilitate, she had completed all other requirements.
Highlighting her efforts to secure merit raises for her officers and explore new technological advancements, De Foster stated her commitment to maintaining professionalism. She further proposed reporting directly to the mayor instead of Farmer, a practice that had been utilized in the past.
“I’m being watched like a hawk,” De Foster said, “but who watches when our city administrator doesn’t attend meetings himself? Who reprimands him?”
Council then listed their own statements and concerns, notably Council Member Tony Battle, who said that De Foster had a history of insubordination with previous city administrators and that De Foster had taken it upon herself to “use taxpayer money to build a new office without the permission of the council,” possibly destroying city files in the process.
In response, De Foster stated no taxpayer money was used and that she had been given permission to build a storage unit in the building by a previous city manager. She said that no files were disposed, but instead properly labeled and placed in a set area.
“It’s concerning to hear that you’re talking with gang members,” Battle continued, to which De Foster stated, “That’s part of law enforcement. As a result of that meeting, a member of that gang turned themselves in without my officers having to get involved.”
City Council Member Brett Hicks then expressed his concern of a recent survey given to De Foster’s officers, which found 60 percent of the officers had little to no trust in De Foster’s leadership.
Hicks, unable to provide specific details about the survey other than noting it was conducted anonymously, received no verbal response from De Foster, who simply shook her head.
Breen expressed she found both sides to be at fault but that De Foster had openly been honest about her “tense interactions” with Farmer, indicating Farmer’s personality was just as much to blame for the tension.
Farmer, who previously served as City Manager in Mount Airy until his resignation was unanimously requested in 2023, and who resigned abruptly as Horseshoe Bay’s City Administrator in 2021 following a special council meeting evaluating his role, remained silent throughout the entire hearing.
“I’d like to see how this could work with Nancy reporting to the mayor,” Breen said, adding that she spoke with two officers that very morning and had garnered a very different response than the survey’s findings.
After another closed session, the council returned to vote. In a four to one vote, with Breen as the only supporter of De Foster, Marshal Nancy De Foster was removed from office.
When Council Member Battle made a motion to name Deputy Earl Heidelberg as interim Marshal, an audible groan from the attendees was heard, with most of the attendees storming out, but not before hugging De Foster in support.
Jeering could be heard as Mayor Griffin began signing the motions into action, including an attendee suggesting that they make a motion to “vote out those who voted against De Foster out of office”, while another person added that the entire hearing had been a personal attack against De Foster.
Heidelberg has not yet been reached for comment.
