Frontlines

Grand jury indicts hospital board member over meeting

CONROE — A Montgomery County grand jury indicted Montgomery County Hospital District board member Nicole Huff on April 8 on charges of violating the Texas Open Meetings Act.

The misdemeanor charge carries a fine of $100 to $500 and/or one to six months in jail.

Another board member made the accusation after Huff and three other board members quickly voted in favor of firing the district’s chief executive officer, an indication that they may have reached a consensus prior to the meeting.

Abbott rules against Perry on budget papers

AUSTIN — Attorney General Greg Abbott ruled that Gov. Rick Perry must release drafts of the state budget that his office was working on before he came up with the zero-based budget.

Newspapers and other media requested the documents in January and the governor’s office sought an AG opinion citing exemptions in the Public Information Act.

Three or less liquor store sales receipts not public

AUSTIN — The state comptroller’s office is seeking an attorney general’s ruling on whether it must release information showing how much alcohol is being sold in cities and counties with fewer than three liquor stores.

The Paris News requested the information while working on a story on alcohol sales in Lamar County. The state agency told the newspaper that either the names of the liquor stores or the gross sales for liquor stores in each city could be released but not both pieces of information citing provisions in state law that prohibit release in cases where there are three or less liquor stores, the News reported.

The newspaper opted to receive the gross sales report for Lamar County as well as statewide but the comptroller’s office excluded counties with less than four stores.

EDC seeks action on city’s letter

GUN BARREL CITY — The Economic Development Corporation asked the county attorney to investigate and prosecute its allegation that the city council violated the Open Meetings Act.

The allegation is based on a letter the city sent to the EDC seeking the contract it was working on in negotiations with its executive director. The EDC said that since the city had never before become so deeply involved in the board’s business the letter represented a policy departure that could not have been decided on without a public meeting.

Brownsville submits routine police report request to AG

BROWNSVILLE — The city asked the attorney general’s office whether it had to release a police report on a sexual and aggravated assault involving one of its police officers and a state trooper.

The Brownsville Herald submitted an open records request for the report involving the officer and Department of Public Safety trooper who were apparently romantically involved.

The attorney general’s office ruled that the report was public information and must be released, which the city did nearly three months after the initial request. The city however, did not release the officer’s name even though the DPS trooper was identified.

Mayor may have violated act over sewer line meeting

RENO — A gathering last month attended by a quorum of city council members and the mayor may have violated the Open Meetings Act.

All the council members confirmed that the mayor called and asked them to come and view a drainage system on a site under development in the city, The Paris News reported. However, the council members present say no discussion or deliberation was taken.

Watchdog group sues lawyer-legislator over delays

AUSTIN — Texans for Public Justice has sued State Rep. Gabi Canales, D-Alice, for failing to disclose continuances in state court cases she sought during the legislative session.

The group filed an open records request with three state representatives for the continuances they had filed since November. Two complied but Canales said the request was flawed because it asked for records from her legislative office, which she said does not handle her court cases.

State law allows lawyer-lawmakers with clients and cases in state courts to file for automatic delays during the legislative sessions.

UT investments to be open 2 opinions later

AUSTIN — The University of Texas Investment Management Co. will not seek additional attorney general rulings on whether performance records are public.

The decision comes after two attorney general opinions found the information should be disclosed. The Houston Chronicle requested the information after reporting on secrecy surrounding the fund.

Llano school chief gets 2nd indictment

LLANO — For the second time in two months a grand jury has indicted school superintendent Jack Patton. The grand jury handed down two indictments on tampering with a governmental record and six charges of abuse of official capacity. In February the school chief was indicted on two counts of violating the Public Information Act.

Newspapers win ground with sex offender ruling

AUSTIN — Newspapers are the first choice for publication of sex offender notices and the information does not become public until after appearing in print, the attorney general ruled last month.

“A local government may broadcast on a local cable television station all information about a registered sex offender that is contained in the registration form for sex offenders, except for information that is excepted by article 62.08(b). A registrant’s numeric risk level is not public information until it first appears in a newspaper in accordance with the provisions of chapter 62 of the Code of Criminal Procedure that require notice to be published,” the opinion stated.