April 2005

Frontlines

Judge says Laredo violated act; city defended 6 lawsuits

LAREDO — A state district judge has ruled the Laredo City Council violated the Texas Open Meetings Act when it discussed the purchase of a controversial piece of land in executive session without giving sufficient notice, the Laredo Morning Times reported.

Judge Raul Vasquez ruled in the suit, filed on behalf of two Laredo residents, that the sale of 17 acres for $42,000 is void. He wrote in the opinion that the city was less than forthright with the citizens of Laredo when discussing the land purchase in executive session and failed to adequately list items on the agenda.

“We think it was totally wrong,” Mayor Betty Flores said of the ruling, adding that the city plans to appeal. “We have attorneys that tell us how to conduct our meetings and place things on the agenda.”

In a related issue, the Morning Times reported that the city has been sued at least six times for violating state laws on open records and open

meetings since 1994, costing the city nearly $140,000 in outside attorney fees and settlement costs. The city lost three cases, settled one and two are pending.

The complaints included the city posting agendas with too little detail, holding executive sessions without notice and not providing public information to requesters within the 10 days required by the Texas Public Information Act.

Fort Worth tallies city’sexecutive session hours

FORT WORTH — The Fort Worth City Council spent more than 74 hours in executive session last year, a Fort Worth Star-Telegram survey shows.

Closed-door discussions on public issues jumped more than 40 percent last year, a review of city records shows. Those talks ultimately led to key decisions on issues such as an incentive package for the Cabelas sporting goods chain, the departure of then City Manager Gary Jackson and a proposed financial settlement to families of victims who drowned at the Fort Worth Water Gardens.

Overall, the council spent more than 74 hours behind closed doors in 2004 and nearly 52 hours in 2003.

Court dismisses libel suit again Chronicle

AUSTIN — The Texas Supreme Court has dismissed a libel lawsuit brought by former Smith County District Attorney Jack Skeen against the Houston Chronicle for a June 2000 story critical of prosecutions undertaken by his office.

The court granted the Chronicle’s pre-trial motion for summary judgment, saying there was no evidence that reporter Evan Moore acted with actual malice toward the longtime Tyler prosecutor. The courts order reversed a holding by the 2nd Court of Appeals in Fort Worth.

Rangers to probe

KERENS — Texas Rangers will be asked to investigate allegations by Kerens police officers that their recent firings involved violations of the state’s Open Meetings Act, the Associated Press reported.

The entire police department, including the chief and five officers, and the judge were dismissed because of what officials described as financial considerations.

Grand jury indicts Alpine officials

ALPINE — Alpine city council members Katie Elms-Lawrence and Dr. Avinash Rangra were indicted by the Brewster County grand jury in connection with an alleged violation of the Texas Open Meetings Act, The Big Bend Sentinel reported.

The indictments allege that the council members took part in an illegal closed meeting on or about Oct. 22, 2004.

Meanwhile the Odessa American reported that the attorneys for two the council members will challenge the constitutionality of the open meetings law.

Elms-Lawrence and Rangra pleaded not guilty in district court to charges they circumvented open meeting meeting laws by doing city business via e-mail.

Commissioner sues county colleagues

DALLAS — A county commissioner last month sued three of his colleagues, claiming that they violated the state open meetings law by privately discussing the makeup of a new panel on health care problems at the Dallas County jail, Associated Press reported.

The lawsuit by Democratic commissioner John Wiley Price accuses the Republican commissioners of a scheme to surreptitiously evade Price, and exclude the Republican county judge while they discussed who should be named to the influential panel.