Appeals court hears arguments on closure of juvenile hearings
By Deanna Boyd Fort Worth Star-Telegram Originally published June 25, 2014 FORT WORTH — Arguing that it was not only within the court’s power, but also its obligation, attorneys for the state and local media outlets asked the Court of Appeals Wednesday to help prevent the arbitrary closure of juvenile proceedings. Wednesday’s hearing before Fort Worth’s Second District Court of Appeals stemmed from a petition filed by the Star-Telegram and [...]
Congress may move forward on FOIA reform
Congress may take action this year to strengthen the federal Freedom of Information Act, according to a new posting Tuesday by the National Security Archive at George Washington University. The archive posted a bipartisan bill by U.S. Sen. John Cornyn, R-Texas, and Sen. Patrick Leahy, D-Vermont, called the FOIA Improvement Act of 2014. A separate FOIA update bill has already passed the U.S. House. For more details go to the [...]
Attorney general appeals $1.2 million whistleblower verdict
By Edgar Walters The Texas Tribune Originally published June 24, 2014 The office of Attorney General Greg Abbott— the Republican gubernatorial candidate — is appealing a whistleblower's lawsuit and $1.2 million verdict, arguing that an El Paso jury was wrong when it decided that the agency fired an employee in retaliation for alerting supervisors to internal wrongdoing. The jury awarded damages last year to Laura Rodriguez, a veteran employee of the [...]
Editorial: In Longview ISD secret process, board must get its job done
By Longview News-Journal Originally published June 22, 2014 So let’s get this straight: Longview ISD School Board President Troy Simmons says the ongoing string of closed-door meetings about lone superintendent finalist Horace Williams is not because of difficulty agreeing on a contract or because the board is reconsidering whether Williams is appropriate for the job. We wonder what trustees could be talking about — the color of carpet for Williams’ [...]
Temple Daily Telegram, Alvin Sun receive Spirit of FOI Award
CORPUS CHRISTI _ Two Texas newspapers have received the annual Spirit of FOI Award for their extensive work using and examining the state’s open records laws. The Nancy Monson Spirit of FOI Award, presented by the Freedom of Information Foundation of Texas and the Texas Press Association, was given Saturday to the Temple Daily Telegram among Class AA, or mid-sized newspapers, and to the Alvin Sun among Class A, or [...]
Federal court applies Texas anti-SLAPP statute for first time
CORPUS CHRISTI _ A federal judge has given a big boost to Texas' anti-SLAPP statute by granting a South Texas television station's motion to dismiss and applying the state law in federal court for the first time. The state law adopted in 2011 was designed to thwart malicious or frivolous lawsuits that aim to chill free speech, known as strategic lawsuits against public participation, or SLAPP lawsuits. U.S. District Judge [...]
Judge orders mediation for Duncanville officials in Open Meetings Act feud
By Lloyd Brumfield The Dallas Morning News Originally published June 17, 2014 A Dallas County district judge has ordered two feuding factions of the Duncanville City Council into mediation — the latest development in the long-running political turmoil in the city. District Judge Emily Tobolowsky on June 6 called for a mandatory but nonbinding settlement conference for District 5 council member Johnette Jameson and council members Stan Smith, Cliff Boyd, [...]
El Paso Children’s Hospital: UMC has secret salvation plan
By Aileen Flores El Paso Times Originally published June 17, 2014 University Medical Center is proposing a secret plan to save El Paso Children's Hospital before it is forced to close because of its financial problems. On Tuesday, the UMC Board of Managers sent a letter to children's hospital's Board Chairman Sam Legate stating that the children's hospital is not able to maintain itself financially and it's unable to meet [...]
Hazardous chemical lists no longer public record in Texas
By Brett Shipp WFAA.com Originally published June 12, 2014 DALLAS -- For the past 30 years, federal law has required chemical makers and handlers to disclose what's stored on premises. It's called the Community Right To Know Act, and it has been at the core of the safety conversation since last year's deadly fertilizer explosion in West, Texas. But News 8 has learned that in the past few weeks, state [...]
Commentary: Know Texas’ open records laws
By Kelley Shannon Guest Columnist The Monitor Originally published June 9, 2014 Picture yourself attending a local government meeting because you’re curious about the hiring of a new city manager. Suddenly, city commissioners go into a closed-door session to talk secretly. Can they do that? Is it legal? Or, let’s say, you’ve requested information from your school district about its classroom curriculum. You are told obtaining those documents will cost [...]
Viewing policy reduces media witnesses to Texas executions
By Terri Langford The Texas Tribune Originally published June 5, 2014 At a time when a botched lethal injection in Oklahoma and secrecy about how Texas prisons obtain lethal injection drugs have increased public scrutiny of the procedure, the Texas Department of Criminal Justice is allowing fewer media outlets to attend executions. There are only five media seats available in one of two tiny viewing rooms adjacent to the Texas execution [...]
Simpson letter warns against settling for ‘tame transparency’
By Reeve Hamilton The Texas Tribune Originally published June 3, 2014 In a five-page letter sent Monday to all Texas House members, state Rep. David Simpson, R-Longview, expressed concerns with the legislative committee investigating University of Texas System Regent Wallace Hall, warning his colleagues that they shouldn’t settle for what he called “tame transparency.” The House Select Committee on Transparency in State Agency Operations, which launched its investigation of Hall nearly [...]
Perry seeks to keep details of Toyota incentives secret
By Forrest Wilder Texas Observer Originally published June 1, 2014 Rick Perry’s office refuses to release any information about the $40 million it’s offering Toyota to relocate to Texas, despite providing the Observer with similar information last year for a $12 million grant to Chevron. The Observer and the Houston Chronicle both filed open records requests with the governor’s office after Perry announced in April the $40 million incentive grant [...]
Abbott reverses course, says execution drug supplier name can be kept secret
By Nomaan Merchant and Michael Graczyk Associated Press, via U.S. News and World Report Originally published May 30, 2014 DALLAS (AP) — Texas can keep secret the name of its supplier for its execution drugs, the state attorney general determined after law enforcement argued that suppliers face serious danger. In the decision, Attorney General Greg Abbott's Office cited a "threat assessment" signed by Texas Department of Public Safety director Steven [...]
Judge rules UT must hand over Applewhite’s personnel records, with student names redacted
By John Salazar Time Warner Cable News Originally published May 27, 2014 University of Texas officials must hand over the personnel records of Longhorn offensive coordinator Major Applewhite, according to a ruling handed down by a state district judge Tuesday afternoon. The move is a leap forward in the $1 million discrimination lawsuit filed against the university by former track coach Bev Kearney. Kearney says the university discriminated against her [...]
El Paso case arguments address public business on private devices
By Marty Schladen El Paso Times Originally published May 22, 2014 AUSTIN - The limits of Texas Public Information Act - and how El Paso city government has tested them - were the subject of arguments Thursday in an appellate court here. Attorneys argued about what duties governmental entities have to turn over communications about government business that officials create using personal accounts and devices. The case, argued before the [...]
Documents show Denton settled whistleblower lawsuit
By Peggy Heinkel-Wolfe Denton Record-Chronicle Originally published May 26, 2014 Denton has settled a three-year-old whistleblower lawsuit from a former Denton Municipal Electric employee, according to documents obtained by the Denton Record-Chronicle. Documents signed earlier this year showed the city agreed to pay Terry Jones $80,000 to settle the case. The city issued checks in March, including $5,000 to Jones for back pay and $60,000 in damages. Another $15,000 was issued [...]
FOI Spotlight: Mobile apps and public access in Texas government
By Kelley Shannon FOI Foundation of Texas Executive Director AUSTIN _ Two Texas House committees met Wednesday to consider how to make more government records accessible to the public through mobile apps. The House Government Efficiency and Reform Committee held a joint hearing with the House Technology Committee and heard invited testimony from Texas state agency officials and a Florida state representative about how records are already being made available [...]
Improperly worded agenda delays discussion of El Paso city manager selection
By Cindy Ramirez El Paso Times Originally published May 19, 2014 A special council meeting intended to answer questions about the city manager selection process on Monday lasted only about 15 minutes when the city attorney said the agenda item was not properly worded. City Attorney Sylvia Borunda Firth advised the City Council that the agenda item was a discussion "concerning the quality of legal advice and performance of city [...]
Analysis: Hall saga begins with closed meeting, could end with a stage, spotlight
By Ross Ramsey The Texas Tribune Originally published May 16, 2014 This episode of the Wallace Hall saga begins with state lawmakers holding a transparency meeting in private. Some groups objecting to that opacity are financed by donors they will not reveal, some of whom aim, as Hall does, to change the way things are done in higher education in Texas. And it could very well end with a stage, [...]