Frontlines

Grand jury indicts 4 for illegal meetings

JOSHUA — Four Joshua City Council members were indicted Feb. 2 on charges that they violated the state law governing open meetings.

A Johnson County grand jury indicted Joane A. Brown, Michael Puckett, Evelyn Risner and Janice Rodriguez after hearing testimony from more than a dozen witnesses throughout the day. If convicted, each faces between one and six months in jail and/or a fine of $100 to $500 for the misdemeanor offenses.

According to the indictments, the council members each are accused of two counts of conducting illegally closed meetings, May 13 and July 2.

City supports mayor’s fight to keep daily journal secret

DUNCANVILLE — In a 6-1 vote, the city council has gone on record as supporting Mayor Glenn Repp’s lawsuit against Texas Attorney General Greg Abbott over an interpretation of the Texas Public Information Act, the Focus Daily News reported.

The council approved litigation on behalf of the mayor and authorized an expenditure not to exceed $5,000.

The case involves the mayor’s  attempt to keep private his account  kept over the years as Duncanville’s top official. The city considers the document a personal diary kept without using city resources and, as such, exempt from provisions of the act.

The AG issued a letter ruling Jan. 14 that said the account should be public because it is a record of the activities of the mayor in his official capacity as a public servant.

City settles meeting lawsuit; agrees to more openness

ROUND ROCK — City officials acknowledged that using written ballots and verbal polls to help make decisions behind closed doors may create an appearance of a violation of Open Meeting laws, the Austin American-Statesman reported.

As part of a lawsuit settlement with the newspaper, city council members said they will not take final votes in closed-door executive sessions.

The lawsuit alleged that the council had violated the Texas Open Meetings Act by making a formal, binding decision to name a city manager during a closed meeting on Dec. 19, 2002.

City officials maintained that they did not illegally make a final decision.

FOIFT requests records on governor’s new secret council

AUSTIN — The Freedom of Information Foundation of Texas filed an extensive public information request March 2, prompted by closed-door policies of Gov. Rick Perry’s newly created management council, the Houston Chronicle reported.

FOIFT sought agendas and 10 other types of written records related to the first meeting of the Governor’s Management Council on Feb. 25.

Perry chose to shut the public out of all but his own introductory comments at the meeting attended by 11 executive branch agency heads and other officials.

In order to ensure a “free flow of information,” Perry said after the meeting ended it’s “quite appropriate to close the doors.”

Judge issues gag order in commissioner’s trial

ATHENS — Judge Jim Parsons of the 3rd Judicial District Court issued a restrictive and protective order that could keep anyone involved in the trial of a Nacogdoches County commissioner from releasing information or making public comments, the Nacogdoches Daily Sentinel reported.

The gag order covers the trial of Commissioner Norman Henderson, and specifies an area within the court for media and invited guests.

It also prevents parties from speaking about the case outside of court and specifies who can examine and handle exhibits in the proceedings.

Spectators will be required to remain within the courtroom until the jury and defendant have had ample time to withdraw and until they have been given permission to leave.

Palestine officials get open meeting lesson

PALESTINE — The city secretary gave a presentation on the Open Meetings Act to the Palestine Convention and Visitors Bureau board after officials learned that the board likely violated section 551.041 of the Open Meetings Act during the Jan. 22 meeting, the Palestine Herald-Press reported.

The board discussed old business items that were not listed on the agenda.

DA concludes probe into council, mayor

HUNTSVILLE — Walker County District Attorney David Weeks failed to find wrongdoings during his investigation of city council members, the Huntsville Item reported.

The DA told the mayor, who filed the complaint, that since he had failed to submit specific facts to support the allegations his office could not adequately complete the investigation.

The DA cautioned the mayor about compliance with the Open Meetings Act himself after learning that he polled the council outside of an open meeting to get their views on city manager candidates.

Committee recommends adding closed meetings

BAYTOWN — The city charter review committee is reviewing recommendations on how to change the workings of the city government, including a proposal that would allow city council to meet in closed sessions, The Baytown Sun reported.

The mayor proposed a review of the city charter in January to allow executive sessions.

City sends police file request to state

CLUTE — The release of documents related to a police officer fired for lying during an internal investigation has been put on hold pending an opinion from the state attorney general, The Facts reported.

The newspaper filed an open records request with the city Dec. 30 for copies of documents relating to the investigation of Sgt. Garland Judkins, who had been accused of exposing himself to a convenience store clerk while on duty.

School district seeks opinion on EEOC request

TEXAS CITY — The Texas City Independent School District has requested an attorney general’s opinion on whether it has to release information on an Equal Employment Opportunity Commission complaint, The Galveston County Daily News reported.

The newspaper filed an open records request Jan. 8 asking for documents related to the complaint.

The newspaper also has filed a complaint with the attorney general’s office arguing that the school district’s request for an opinion was submitted after the deadline.

New law cloaks firearm crime data under wraps

WASHINGTON, D.C. — The government no longer is releasing records tracking the source of firearms used in crimes, a concession to the gun lobby approved by Congress last month, The Associated Press reported.

The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives turned down Freedom of Information Act requests made by AP and others for certain gun records.

The change bars the release of any information that was gathered regarding gun dealers and forces the ATF to purge more quickly information obtained in background checks of buyers.

Law enforcement agencies still would have access.

The measure was added at the request of Rep. Todd Tiahrt, R-Kan., to the big spending bill for multiple government agencies that was approved by Congress.