Texas Rangers Arrest Former City Of San Marcos Staff Member For Theft

On Tuesday, Feb. 11, the Texas Rangers arrested Jason Pence (06/15/78) on charges of Theft by a Public Servant more than $30,000 but less than $150,000 following a lengthy investigation.

A December news article detailed concerns and prompted other individuals to come forward with information about potential improprieties. 

As a result, a criminal investigation was requested by the City of San Marcos and initiated by the Texas Rangers with assistance from the San Marcos Police Department Criminal Investigations Division. 

This investigation resulted in charges being filed through the Hays County District Attorney’s office.

“Due to the serious nature of the allegations brought forth regarding financial improprieties, the City immediately began both a criminal and an internal investigation,” said City Manager Bert Lumbreras.  “Both of these are still ongoing and we are committed to following through and ensuring that all criminal activity is prosecuted to the full extent of the law.” 

The City has contracted with Deloitte & Touche, LLP to evaluate internal procurement process controls and compliance for maintenance and construction contracts overseen by Pence since 2015. 

Pence worked as the City’s Construction Manager from May 15, 2014, until he was placed on administrative leave on Friday, Dec. 13, 2019.  He was terminated on Monday, Jan. 27, 2020.

“I’ve committed to our City Council and to this community to fully investigate this situation,” said Lumbreras.  “We’ve put many new controls and measures in place including an internal procurement workgroup to ensure compliance with state law and we will continue to diligently improve our operations as stewards of the City’s finances.”

Officers arrested Pence on Tuesday and booked him into the Comal County Jail where he posted bond of $10,000.  The investigation is ongoing and additional charges may be forthcoming.

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2 Comments

  1. Why isn’t Hays County prosecuting Mark Kennedy, General Counsel. He lost 1.5 million dollars in a water deal with lost Pines where the County has absolutely nothing to show the Tax Payer for services rendered.
    Who the hell signs a contract for 45 000 acre feet of water when the water company your contracting with can only prove they own 13,000 acre feet of water.
    Who pays a a contract cancellation fee of $300,000.00 for water you never had.
    Voters of Hays County, this is theft in my eyes. Yet no investigation by the Texas Rangers or Wes Mau our current District Attorney. Fellow voters, either Commissioners Court is complicit in the fleecing of the County of Mark Kennedy is the not the brightest of attorneys and should or must be relieved of his duties immediately and investigated.
    Nonetheless. 1.5 million dollars is missing from our treasury and no one is being held accountable.
    Your money, your vote. Only you can make change.

  2. Hello Abel,

    Taken as true, your allegations are serious. So let’s begin by asking who held absolutely no decision-making authority for having entered into this alleged matter.

    Q: Did Mark Kennedy hold any authority for deciding or entering into this matter ?

    A: None. Kennedy by law holds absolutely no independent authority and was required to sign this agreement under order of Judge Ruben Becerra on behalf of a decision made by the Hays County Commissions Court.

    So…the moral here is: Stop libeling the rank and file, and do as they say in Georgetown, D.C. “Sue the bastards”

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