Court refuses to hear crime writer’s case

HOUSTON — The U.S. Supreme Court refused to hear the case of novice crime writer Vanessa Leggett who sought the journalists privilege to keep her sources confidential for a book she is writing on a sensational murder case.

Leggett spent 168 days in jail last year for denying a grand jury subpoena that sought her notes and interviews she conducted for the book on the 1997 slaying of a Houston society woman and subsequent investigation of the woman’s millionaire bookie husband.

First Amendment advocates were concerned what the conservative court would do if it had heard the case and feared the implications on the limited privilege that some courts have recognized for working journalists and the press. The court did not provide a reason for declining to take Leggett’s case.

“It could well be that they thought the issue was moot because she’s out of jail,” Gregg Leslie, legal director for the Reporters Committee for Freedom of the Press, told the Houston Chronicle. “Or it could be they thought there was no privilege (issue) because there was no decision that a reporter had a right not to appear before a grand jury.”

Pharr city official gets restraining order

PHARR — A state district judge granted a temporary restraining order that alleged the city commission may have violated the Open Meetings Act when it met to discuss the city manager.

The order contends that four members of the Pharr City commission tried to circumvent the law by meeting separately. The order also says the officials sought to fire the city manager for “blowing the whistle on the mayor and his faction’s illegal activities,” The (McAllen) Monitor reported.

School board member leaves heated session

PORT ARTHUR — A West Orange-Cove school board member walked out of an executive session claiming the board was discussing roles of the board members and not district personnel as stated on the agenda, the Port Arthur News reported.

The board member said she felt the closed session was a personal attack on her. Just the day before, the board member had spoke publicly about an investigation into race-based hiring practices at the district.

The Open Meetings Act allows governmental entities to discuss specific employees in closed session but not a class of employees. Board members are not considered employees.

Bush records are subject to state open record laws

AUSTIN — The gubernatorial records of George W. Bush are subject to the Texas Public Information Act, Attorney General John Cornyn ruled May 3.

The ruling settles a dispute over the records Bush kept while in office but transferred to his father’s library, the George Bush Presidential Library and Museum at Texas A&M, when he became president.

Public access advocates argued that the library is a federal facility handled by the National Archives and Records Administration and not subject to the state’s open records laws, which require officials to respond within 10 days to requests. Requesters had been waiting much longer for access to the former governor’s papers.

While Cornyn’s ruling said the Government Code permits a governor to designate an alternative repository for his gubernatorial records those records still must remain the property of the state and thus are subject to open records laws.

The ruling means that the papers should be made available in a more timely fashion.

Hays County to play back officials’ speech

KYLE — The Hays County Commissioners Court will replay a 1999 speech in a coming public meeting as part of its restitution for violating the Open Meetings Act, the Austin American-Statesman reported.

The speech was made by a commissioner at a meeting that became the subject of a lawsuit that found the court violated the act by excluding the public from the meeting to discuss a development plan for the county.

An Austin appellate court last year agreed the meeting was not properly posted and a judge told the court it should be reposted and the speech replayed at the public meeting.

Smith County official apologizes for meeting 

TYLER — A Smith County commissioner apologized for failing to notify the public about a meeting the county held to discuss the future of the county jail.

The meeting, which was held at a hotel with a company interested in privatizing the jail, was not properly posted according to the Open Meetings Act even though a quorum was present. The county judge was not invited to the meeting.

The Smith County District Attorney’s office told the Tyler Morning Telegraph that it was investigating whether laws were broken during the meeting.

City holds records on officer’s termination

DANBURY — The city has declined to release documents concerning the job performance of an officer who is suing for racial discrimination, The Facts reported.

The newspaper filed an open records request for the documents and the attorney general’s office ruled in February that the city could withhold them because they were part of pending litigation. However the AG ruled that the documents could be released once the other party in the lawsuit obtained them.

The city sought a second ruling citing other exemptions.

Marshall requests ruling on ex-president’s sex case

MARSHALL — The city has asked the state for a ruling on whether it should release documents involving sexual harassment charges against a former school board president, the Marshall News Messenger reported.

The newspaper filed an open records request for the documents but the city said an investigation into the charges was pending.

The city released a report a woman filed saying the man, a local lawyer, inappropriately touched her and was out of line when she consulted him about handling her divorce. The report redacted the woman’s name and personal information.

Gregg County appoints veterans official over protest

LONGVIEW — The Longview News Journal protested a meeting of the Gregg County Commissioners Court in which a three-member quorum hired a new veterans service liaison.

The court sparred over the position title and tried to go into executive session to interview three candidates for the position. Two commissioners walked out of the meeting after the newspaper objected to the discussion of the position title change in closed session.

Only specific employees can be discussed in closed session, not a class or title.

Federal gag order prevents talk on mayor’s case 

BEAUMONT — A federal magistrate issued a pretrial gag order preventing witnesses, attorneys and law enforcement from discussing a case involving 16 counts of bribery, money laundering, conspiracy and mail fraud charges against the mayor, The Beaumont Enterprise reported.

The mayor is up for re-election in May and the order prevents him from defending the charges in his campaign.

Citizen group says college board violated meetings act

LAREDO — A citizens watchdog group has filed a written complaint with the Webb County District Attorney’s office claiming the Laredo Community College board violated the Open Meetings Act, the Laredo Morning Times reported.

The group said the board did not provide adequate public comment at its meetings and has failed to respond to concerns.