Baytown wins right to see city's golf course records

BAYTOWN — The Baytown Sun and the public have the right to know how much a city-owned golf course in Mont Belvieu pays its employees through a private management company.

A June 1 ruling by the 14th Circuit Court of Appeals found in favor of the newspaper in its 2002 lawsuit against the city and the Eagle Pointe Golf and Recreation Complex over payroll records. The decision overrules one made last year by a lower court judge in favor of the city.

The appeals court ruling found that the records are subject to the Texas Public Information Act because the management agreement between the

city and a private management company gives the city the right to inspect the books and records of the complex. The complex is wholly supported by taxpayer dollars and is the management company’s only client.

The opinion did not address one of the primary questions of the appeal, whether the contractual arrangement with the city effectively makes the management company a government entity and therefore subject to the Act. Instead, justices based their ruling on the city’s entitlement to the requested records solely on the language of the management agreement.

The opinion called the city’s contention that it never had access to the payroll information an “untenable position.”

Attorneys for the city said they will not appeal and that it’s up to the management company to release the records. The owner of the management company said he would consult his own attorney before deciding on his appeal option and whether to release the information.

Charles Daughtry, the attorney for the Sun, said the appeals court would issue a mandate to the city and SSMI which would say that they were expected to comply with the opinion and make available the salary information sought by the Sun.

If the management company appealed the ruling to the Texas Supreme Court, it would not have to release the information during the appeal. But, he said, since the Supreme Court decides to hear only about 5 percent of the cases referred to it, he expects company will comply with the ruling.

Wanda Garner Cash, editor and publisher of the Sun, said the court’s decision was a vindication for “all taxpayers who have the right to ask questions about how their money is being spent.”

“Cities and other government entities shouldn’t be able to farm out contracts to private companies to avoid scrutiny and accountability,” she said. “Maybe with this ruling, they’ll be less likely to violate the spirit of open government.”