Sun reporter receives subpoena to testify

TEXAS CITY — Lora-Marie Bernard, a reporter for the Texas City Sun received a subpoena to testify in the trial of a man facing rape charges.

The newspaper’s attorney filed a motion to quash the subpoena, but Judge Wayne Mallia rejected it.

“We are fundamentally opposed to our reporter being used as an arm of the police, especially when we believe in this case her testimony cannot have any significant impact on a trial where you have a suspect charged with 23 serious crimes,” editor Dale Dimitri said. “The government forcing journalists to become de facto investigators for the police cuts at the heart of the press’ credibility and independence.”

Prosecutors subpoenaed the reporter’s notes, articles and any other relevant material pertaining to her coverage of the man and the crimes. The reporter eventually testified at his trial about remarks he made during interviews she conducted with him from jail. The man received a life sentence.

“We did several stories on our continued protests but played them as sidebars or dovetailed into the issue toward the end of our stories. We did not want to overshadow the case, because it was a very brutal and sadistic serial rapist who terrorized the city throughout last summer,” Dimitri said.

New Braunfels council comes under open meeting probe

NEW BRAUNFELS — The Comal County District Attorney’s Office is investigating whether the City Council violated the Texas Open Meetings Act in an April 23 meeting, the Herald-Zeitung reported.

The council voted 4-2 to rescind an earlier action on a water permit however a councilwoman filed a complaint alleging the item was not properly listed on the agenda.

The mayor disagreed and said he did not think the meeting was illegal.

The councilwoman later that month wrote a letter to the Texas Natural Resource Conservation Commission informing the agency of what she said were city violations involving the permit to pump more water out of Canyon Lake.

Houston council members fight to see budget reports

HOUSTON — Two city council members filed requests under the Texas Public Information Act to get copies of city budget reports after the mayor’s staff refused to release them, the Houston Chronicle reported.

The councilmen wanted to see various departmental requests made in preparation for the new city budget.

The mayor released the information after the open records’ requests were filed.

Judge finds meeting violations over funding

SAN ANTONIO — A U.S. District Judge ruled last month that the city violated the Open Meetings Act Sept. 10, 1997 by reaching a decision in private and holding unscheduled conference calls, the San Antonio Express News reported.

The judge ruled that the city violated the First and 14th amendments by opting not to continue funding for an arts and social advocacy group because officials disagreed with the group’s philosophy.

The ruling also found that the city violated open meetings laws by holding a meeting to discuss the funding the night before the budget vote and by allowing the mayor to take a telephone poll of council members that same night.

The judge wrote “a clearer manifestation of intent to reach a decision in private while avoiding the technical requirement of the Act can hardly be imagined.”

Sheriff plans investigation into West Oso school district

CORPUS CHRISTI — The Nueces County sheriff said he will investigate several allegations against the West Oso Independent School District, including charges that officials violated the Open Meetings Act, the Caller-Times reported.

The Corpus Christi state representative also supported a probe into the district, which last month suspended and terminated several teachers and proposed a $500,000 buy-out of the superintendent’s contract.

The board met May 7 in a closed meeting that resulted in a $250,000 payment to the superintendent and another $250,000 in installments. A district judge late last month halted the settlement and ordered part of it repaid.

Citizens complained that the meeting agenda in which the settlement was reached did not specifically say the superintendent’s contract would be discussed.

DA clears coastal cities of alleged wrongdoing 

LAKE JACKSON — The Brazoria County District Attorney’s Office cleared the city councils of Lake Jackson, Freeport and Clute after a citizen’s complaint that the councils violated the Open Meetings Act.

The citizen said the councils approved an industrial district contract without allowing the public to view it before a scheduled meeting to vote on it, The (Clute) Facts reported.

The Public Information Act does not specify that pending contracts can be viewed by the public before they are voted on, officials said.

Building codes may not be part of public domain

DALLAS — An appeals court earlier this year upheld a ruling that a Dallas resident violated copyright laws after posting copies of building codes he received from the city on his web site, The Associated Press reported.

In 1998, the city charged the man $300 for copies of regional building codes he requested under the Public Information Act. The man was outraged by the charge so he decided to post the codes on a public web site.

The city’s attorney contacted him and said the codes were not public domain and that a private nonprofit corporation held the copyright. The man sued and lost at the lower court and the appeals court, which that ruled a private organization may own copyright to local building codes.