City officials get official warnings

COLLEGE STATION — City council members were reprimanded by a district judge and told they could spend up to six months in jail if they violate the Texas Open Meetings Act again while in office, The Eagle reported.

Following a brief court proceeding, the seven elected officials signed a statement agreeing to make changes to the way their meetings are posted and conducted. The changes were outlined in an injunction filed by Brazos County District Attorney Bill Turner, who said he recommended to a grand jury investigating a July violation by the council that the case not be pursued criminally.

The violation occurred when the council discussed and terminated City Manager Tom Brymer on July 14 and into the early hours of July 15. The discussion was not specifically posted on the council’s agenda.

Daily, land office settle records case

GALVESTON — Attorneys reached an agreement in an open records lawsuit filed against the Texas General Land Office by The Galveston County Daily News.

In the settlement, the land office agreed to provide to the News numerous documents, including a monthly report of natural gas deliveries to Reliant Energy and a breakdown of the office’s profits and losses.

The settlement came after Judge Stephen Yelenosky of Travis County’s 345th District Court rejected the argument that only the state attorney general or Travis County district attorney had standing to pursue such a case. He also rejected the agency’s argument that the law did not require it to respond to questions.

The newspaper filed its lawsuit in June claiming that the land office had been stonewalling its requests for public records related to the State Power Program.

The newspaper has published a series of articles and editorials examining whether the public is getting its money’s worth from the power program, a partnership in which Reliant Energy converts natural gas provided by the land office into electricity to be sold to public customers such as cities and schools.

The land office claims that because of tax and fee exemptions, the program is able to provide electricity more cheaply than its private competitors. However, some customers say they’ve been able to get power more cheaply on the private market.

In response to the controversy, the House General Investigating and Regulated Industries committees have stated intentions to conduct hearings.

Jury acquits ex-school board president

LONGVIEW — Longview lawyer John W. Moore II says he breathed a sigh of relief on Oct. 7, after a 115th District Court jury acquitted him of conspiring to circumvent the Texas Open Meetings Act, Texas Lawyer reported.

In May, an Upshur County grand jury indicted Moore, former school board president for the New Diana Independent School District, in connection with private one-on-one conversations that he says he had with other school trustees to discuss a possible severance package for the school superintendent.

Montgomery hospital board is no-billed

CONROE — A grand jury no-billed Montgomery County Hospital District board members and a former member on allegations that they violated the Texas Open Meetings Act, The Courier reported.

In June, the district attorney’s office began an investigation into complaints that the four members discussed candidates for the district’s chief administrative officer position and took a preliminary vote regarding the position through e-mail correspondence.

Alpine councilmen sue state, local officials

ALPINE — Alpine City Council members Avinash Rangra and Anna Monclova filed a lawsuit in U.S. District Court Sept. 26 against District Attorney Frank Brown, Attorney General Greg Abbott and the state of Texas alleging the Texas Open Meetings Act is unconstitutional.

The suit states that the act makes public officials, and private citizens who speak to them, subject to prosecution by district attorneys across Texas for merely discussing public issues and hampers their free speech, the Alpine Avalanche reported.

Rangra was indicted early this year for possible violations of the open meetings act, along with former council member Katie Elms-Lawrence. The case was later dismissed and both records were expunged. Monclova was given testimonial immunity in the case.

PR man sues daily after losing job

SAN ANTONIO — A Rio Grande Valley public relations man who was fired over allegations of copying material from the San Antonio Express-News has sued the paper, its parent corporation and one of its reporters.

The lawsuit claims an editor and reporter at the Express-News were part of a conspiracy to defame David Diaz, who lost his $42,000-a-year contract job with the city of Edinburg over the issue, the newspaper reported.

The Express-News reported that Diaz made wholesale use in his e-mail news service of material taken without proper attribution from the Express-News, as well as other newspapers. When confronted about the practice, Diaz apologized to an Express-News editor, according to one of the daily’s news reports.

The lawsuit was filed in Hidalgo County.

Jonathan Donnellan, general counsel for Hearst Corp., parent company of the Express-News, said the lawsuit is without merit.

In his lawsuit, Diaz claims he always gave proper credit to newspapers for material he used. The lawsuit claims Diaz’s reputation has been damaged and asks for unspecified monetary damages.

Grand jury hears appraisal complaint

GALVESTON — Patricia Hanks, superintendent of Friendswood schools, testified before a grand jury investigating open meeting charges.

Investigators with the attorney general’s office have subpoenaed at least six others in the case, The Galveston County Daily News reported.

Hanks testified about a meeting she and three school board members had last year with the Galveston Central Appraisal District. Following that meeting, which was not open to the public, the appraisal district’s office changed the values of some properties, Chief Appraiser Ken Wright confirmed.

Board member objects to appraisal meeting

ALICE — The Jim Wells County Appraisal Board held a special called meeting over objections by one member who said he believed the meeting violated the Open Meetings Act, the Alice Echo-News Journal reported.

Shortly after the meeting began, board member Charles Galindo requested the board enter into closed session. Immediately after the board returned from closed session, board member Lupe Martinez announced he would not stay for the remainder of the meeting and that he planned to contact the Texas Attorney General’s Office about the unscheduled closed session.