Frontlines

UT challenges state ruling on open records

AUSTIN — The University of Texas has challenged an open records opinion by new Attorney General Greg Abbott that said The Daily Texan should be granted access to information on campus surveillance cameras.

According to its lawsuit filed in Travis County district court, UT said “the protection of national security” was a compelling reason to withhold the information the newspaper requested Oct. 11. UT sought an AG opinion on the newspaper’s request for records on the location, recording hours and technical specifications of and the amount of money spent on the surveillance cameras on campus.

Abbott ruled that security cameras are not part of the law enforcement exception in the Public Information Act.

El Paso daily sues EPA for soil test data

EL PASO — The El Paso Times sued the Environmental Protection Agency Jan. 23 seeking detailed test results of soil contamination tests conducted in west-central El Paso.

The lawsuit seeks results for each testing address site where officials are trying to determine the levels of arsenic and lead contamination.

The EPA provided some test data but declined to release specific addresses, saying the release would violate the property owners privacy.

The newspaper filed a Freedom of Information Act request for the data in September. A regional EPA office in Dallas denied the request two months later and the newspaper appealed to the agency’s headquarters in Washington, D.C. After the 20-day deadline passed with no response from the agency, the newspaper decided to file suit.

Round Rock hiring draws TOMA lawsuit

ROUND ROCK — The Austin American-Statesman sued the city challenging whether a three-day meeting in December violated the Open Meetings Act.

The newspaper is asking a state district judge to order the city to release a tape recording, certified agenda and notes from the closed meeting held over 18 hours from Dec. 17-19.

The council met in closed session to discuss hiring a new city manager and minutes after reconvening voted to hire a longtime city employee for the job.

The newspaper also wants the judge to declare that the city violated the act.

City hires law firm to file records’ appeals

SEGUIN — The city retained a San Antonio law firm to ask the Attorney General’s Office whether it must release information the Seguin Gazette-Enterprise asked for in a number of open records requests.

The newspaper filed requests for access to case logs from a narcotics task force and for records documenting the suspension of a police officer, both of which the firm appealed to the AG’s office. The newspaper reported that in at least three other requests the city failed to answer in the 10-day period.

Grayson County pulls Web access to files

SHERMAN — Grayson County officials Jan. 13 pulled Web access to criminal history cases involving local residents after questions surfaced about privacy concerns.

The information had been available on the Internet site for the county and at public access terminals at the courthouse and Grayson County Justice Center.

The county attorney told the Denison Daily Post that public access was removed because of privacy concerns arising from interpretation of a U.S. Supreme Court ruling limiting the public’s right to obtain criminal history records.

The county was researching what information could be made public and asked for an attorney general’s ruling on the issue.

City board to discontinue executive session meetings

BAYTOWN — The Municipal Development Board will not meet in executive session any time soon following a legal opinion by the city attorney, The Baytown Sun reported.

The board of directors, which is made up of all seven city council members and four citizens and oversees a 1/2 cent sales tax, is allowed under state law to hold executive sessions but the city charter prohibits the city council from meeting behind closed doors.

In November the city attorney, who also is general manager of the board, began researching the issue and recently recommended that the board not go into executive sessions.

County delays start time of meeting

PALESTINE — Anderson County Commissioners Court delayed the start of a special meeting 45 minutes to avoid possible non-compliance with the Open Meetings Act posting requirements.

At least one commissioner abstained from attending the meeting and wrote a letter challenging its legality, the Palestine Herald Press reported.

The county posted notice of the special meeting at 9:15 a.m. on a Tuesday but since the notice stated that the meeting would begin at 8:30 a.m. on a Friday the 72-hour notification requirement came into question.

When a reporter showed up at 8:30 a.m. to cover the meeting, the officials said it would be delayed until 9:15 a.m. to ensure compliance.

A week later, the court revoted on the items from the special meeting to ensure compliance.

Starr County DA probes open meeting complaint

RIO GRANDE CITY — The Starr County District Attorney’s Office is investigating a complaint that the city council here may have violated the Open Meetings Act.

The complaint alleges that a quorum of council members and other city officials held an assembly Dec. 6 to discuss a controversial convention center project without giving proper notice.

The council was scheduled Jan. 16 to discuss the allegation but tabled the agenda item pending the district attorney’s investigation.

Duncanville reprimands P&Z member

DUNCANVILLE — The city council sent an official letter of reprimand to a member of the city planning and zoning commission who alleged that group’s chairman violated the Open Meetings Act.

The council also required that the member apologize to the chairman and other members for filing the complaint. The council’s action came after an investigation by a city-appointed law firm found no wrongdoing or illegal meetings.

Citizens sue school district over votes

ANDREWS — A group of nine local residents sued the Andrews Independent School District in December alleging the school board violated the Open Meetings Act.

The group claims the board failed to give proper notice of a meeting to discuss the implementation of grade-level schools and made decisions in executive session.

The suit came just three weeks after the superintendent and school board announced a separation agreement in which the official resigned Dec. 31.