Commissioners skip open
meeting notice requirements
ANGLETON — Several members of the Brazoria County
commissioners court told The Facts that they did not interview
county engineer candidates as a group to avoid complying with the Open
Meetings Act.
The court voted in February to hire the mayor
of Angleton for the job, even though he was never interviewed in an
open meeting.
The new engineer also said he was asked to meet
with two commissioners at a time for the job interviews so the court
would not comprise a quorum.
“They didn’t break the law, but they violated
the spirit of the law,” Wanda Garner Cash, president of the Freedom
of Information Foundation of Texas and TPA treasurer, told the newspaper.
“Clearly, what the commissioners did was a subversion of the Open Meetings
Act that guarantees public access to public business. Taxpayers should
be concerned when their elected representatives look for ways to avoid
complying with state law.”
Judge unseals terms of
district’s settlement
GALVESTON — A U.S. District Judge made public
the terms of a settlement between the Santa Fe school district a Jewish
student’s parents who sued alleging the district did not protect him
from harassment.
The district paid the family $325,000, half from
tax dollars and half from its insurer. Both the district and family
had declined to discuss the settlement.
The judge ruled the terms were public after the
Houston Chronicle and The Galveston County Daily News filed
petitions seeking the information’s release. Even though the family’s
case was filed in federal law, the newspaper’s attorneys asked the judge
to uphold the spirit of the state open records law that makes public
terms reached between a public entity and another party.
Palacios council censures 1 of its own members
PALACIOS — The city council reprimanded one of
its own members last month and passed a resolution censuring the man.
The resolution says the council member repeatedly
violated the Open Meetings Act by discussing non-agenda items and showed
disrespect for the mayor and other council members during meetings.
The city administrator said the councilman had
made such statements on at least four separate occasions.
Lake group loses challenge
AUSTIN — A state district judge last month dismissed
a legal challenge brought by the Friends of Canyon Lake against the
Guadalupe-Blanco River Authority.
The lawsuit included allegations that the agency
violated the Open Meetings Act by not properly posting an agenda when
it voted to submit an application to the state for rights over a water
pipeline.
The lawsuit may be the last challenge to the $75
million water pipeline proposal from Canyon Lake to Bulverde, Boerne,
Fair Oaks Ranch and San Antonio.
Judge changes venue for
daily’s libel case
TYLER — A visiting state district judge granted
a change of venue request by the Houston Chronicle to move a
libel case out of Smith County.
The court agreed to the change after finding that
the reporter named in the suit lives in Parker County and other evidence
the newspaper presented. Two Smith County prosecutors and a former chief
prosecutor sued the newspaper and parent company Hearst Corp. for what
they say were malicious statements published in a Sunday edition article.
UT board cannot meet in Mexico
AUSTIN — The attorney general’s office ruled that
the University of Texas System Board of Regents cannot hold a public
meeting in Mexico even with videoconferencing.
Attorney General John Cornyn wrote the
opinion and said the Open Meetings Act would prohibit the meeting “regardless
of whether the board broadcasts the meeting by videoconferencing technology
to all geographic areas in Texas where component institutions of the
UT System are located.”
TV station seeks access to sexual assault tape
AUSTIN — A Brazos County district attorney planned
to ask the attorney general’s office whether it had to release a videotape
showing three men sexually assaulting an unconscious woman with various
objects, The Bryan College Station Eagle reported.
KPRC/TV in Houston filed an open records request
for the tape, which was introduced as evidence in the trial that resulted
in conviction of the three men in February. The judge, attorneys and
several witnesses viewed the tape but spectators were unable to watch
when it was played for the jury in court.
The men made the tape in 2000 while sexually assaulting
the woman who had passed out after a night of drinking. The tape later
came into police possession during an unrelated investigation at the
same house.