City wants to keep some e-mails private

ARLINGTON — The city council has filed a petition challenging an attorney general’s ruling that a councilwoman’s city-related e-mails sent from her personal computer should be open to the public, the Fort Worth Star-Telegram reported.

A citizen requested the e-mails in January. The city claims that the councilwoman’s personal computer belongs to her, not the city, and that private e-mails that are city-related are not public because council members conduct official business only during meetings. The petition also says the city has no right to access council members’ private e-mails.

Arlington apparently is the first city to address this issue and wants to establish a precedent on public access to officials’ e-mails.

The Freedom of Information Foundation of Texas has filed a petition supporting the attorney general while the Texas Municipal League has filed one supporting the city.

Judge issues gag order in Jefferson

JEFFERSON — A district court judge in Marion County modified a gag order he originally issued June 25 in the trial of the former school superintendent facing four charges relating to district purchases, the Jefferson Jimplecute reported.

The judge narrowed the language in the order so that only witnesses, law enforcement officers and attorneys are prevented from making statements to the press outside of the courtroom.

The judge revised the order to delete the language “no person” from the list of those who cannot comment on the trial outside the courtroom.

The defense attorney originally requested that the pretrial hearings be closed to the public and that photographers be prohibited from photographing the ex-superintendent in the courthouse and while he was being transported to and from the building.

Georgetown special meeting draws fire

 GEORGETOWN — The city council adopted sweeping changes to its land development policies at a special meeting that gave short notice of the action, the Austin American-Statesman reported.

About 12 people showed up for what they thought was a public hearing on proposed development limits that include restricting the percent of land that can be developed and stricter landscape preservation requirements.

The council normally must have two readings before passing ordinances but they passed the new rules under an emergency situation.

Appeals court keeps gag order in place

HOUSTON — The 14th Court of Appeals denied the Houston Chronicle’s request to toss out a gag order imposed on lawyers, police and witnesses in a capital murder case.

The three-panel court said the order did not infringe on the First Amendment and that the media has a right to attend and report on a trial but not a right to much more.

Chronicle lawyer William Odgen called the opinion an “iron curtain view of newsgathering rights.”

“When the court says reporters have only a right to ‘sit, listen, watch and report’ on a trial, it might as well have added ‘roll over and play dead, too’” he said.

Free-lance writer gets jail time for contempt

HOUSTON — A free-lance writer researching a book about a sensational society murder chose jail time over releasing her notes to a federal grand jury.

Vanessa Leggett was found in contempt of court and ordered jailed without bail for failing to give up her notes on the 1997 slaying of Doris Angleton.

The grand jury for the Southern District of Texas is conducting an investigation of possible illegal activities involving violations of 18 U.S.C. § 1958 (murder for hire), 18 U.S.C. § 1955 (operation of an illegal gambling business), and 18 U.S.C. § 1956 (money laundering).

One of the targets of the investigation is Robert Angleton, a wealthy Houstonian who is under investigation for hiring his brother, Roger Angleton, to murder Robert’s wife, Doris Angleton, and for conducting an illegal bookmaking enterprise.

Leggett surrendered to police July 20 and said she was protecting her First Amendment right to freedom of the press.

The Reporters Committee for Freedom of the Press, the Society of Professional Journalists, the American Society of Newspaper Editors and the Radio and Television News Directors Association filed petitions supporting Leggett, who could remain jailed for up to 18 months.

Plainview daily files complaint over decision 

PLAINVIEW — The Plainview Daily Herald asked the district attorney to investigate whether the Hale County commissioners court violated the Open Meetings Act in deciding to no longer use the county attorney.

The newspaper filed a complaint saying the court had not taken a formal vote on the issue and had not discussed it in open session.

The newspaper reported that the county judge earlier had said he polled the commissioners each by phone and then told the county attorney that his services were no longer needed.

The county attorney confirmed that he was advised of the decision outside of a regular meeting.

County health board official to resign

MARSHALL — The chairman of the Marshall/Harrison County Health District board accepted responsibility for the board’s violation of the Open Meetings Act and offered to resign, the Marshall News Messenger reported.

Board members, however, declined to accept his resignation. The board held a closed session in early July without giving 72 hours notice. A week later they voted to void action taken at the meeting.

Beaumont, fire union find confusion over law

BEAUMONT — The city and the firefighters’ union postponed a July 13 meeting after learning that it likely should have been posted in advance in accordance with the Open Meetings Act, The Beaumont Enterprise reported.

The union and city officials apparently were confused about the meeting location and each group convened at their respective buildings.

The meeting was to discuss contract negotiations and a firefighter representative pointed out that open meeting laws require collective bargaining deliberation between a public employer and an association to be conducted in the public.

The city also questioned the Enterprise reporter’s presence at the meeting.

City manager requests public hearing on notice 

CLARKSVILLE — The city manager objected to the city council’s July 17 executive session where they discussed terminating him, The Paris News reported.

The city’s code allows the council to give the city manager notice of pending termination and then give him the option of requesting in writing a public hearing.

However, state law says the personnel exception does not apply if the officer or employee involved requests a public hearing.

The city gave the city manager notice that he would be terminated and then held a public hearing where citizens offered support and opposition to his job performance. The council then voted 6-1 to terminate him.

The city manager’s attorney questioned the vote because one councilman abstained, another was absent and the mayor cast a vote even though he said state law requires two-thirds majority of the elected body to oust a city manager and says a mayor can only vote in case of a tie.

Anahuac school board holds closed meeting

ANAHUAC — The school board held an executive session to discuss criteria for hiring a new superintendent even though such meetings generally only apply to current employees, The Baytown Sun reported.

The school board said the meeting was covered under the personnel exemption while an open government hotline attorney said it was not because it dealt with a class of employees and not a specific individual.

Fort Bend judges want raise

ROSENBERG — Three county court-at-law judges are suing the commissioners court over a pay raise issue they say violated the Texas Open Meetings Act, The Herald-Coaster reported.

The suit alleges that the commissioners adopted in a closed session a no-raise policy for elected officials who receive supplements from the state.