Abbott "hopeful that records detailing financing anbed development plans of the TTC will be released before the November elections."
Texas attorney general warns lawsuit threatens state open meetings law
Abbott fears case could let cities do business in secret
Sept. 8, 2006
By POLLY ROSS HUGHES
Houston Chronicle Austin Bureau
Copyright 2006
AUSTIN — The Texas Open Meetings Act is under assault in federal court, Attorney General Greg Abbott warned Friday, but he vowed to fight for the public's right to know what its government is doing.
"Not on my watch as attorney general are we going to have the open meetings law of the state of Texas struck down," Abbott declared, prompting applause at the annual meeting of The Freedom of Information Foundation of Texas.
Abbott ticked off a number of recent victories under the Texas Public Information Act, even as he sounded the alarm on the legal challenge to the state's law protecting public access to governmental gatherings.
U.S. Sen. John Cornyn, R-Texas, earlier told the open government group that more needs to be done to make records at the federal level available, including passage of pending legislation he's sponsoring in Congress.
Former and current City Council members in Alpine are suing in federal court, claiming that the state open meetings law violates their first amendment rights to free speech.
They are represented by high-profile Houston attorney Dick DeGuerin in the case presided over by U.S. District Judge Robert Junella former Democratic state lawmaker appointed by President Bush.
Abbott called it a "bedrock principle" that people need access to government meetings in order to hold elected officials accountable.
The federal lawsuit, however, "aims to lock those meeting doors and toss 'we the people' out on the street," Abbott said.
"It's incredible this outrageous position could return Texas government decision making to behind-the-door, smoke-filled rooms where decisions would be made without the benefit of sunshine."
The Alpine case stems from e-mail messages sent by two then-City Council representatives to fellow members of the council about a personnel issue. The two were indicted for violating the Open Meetings Act, charged with conducting city business in private, though the case later was dismissed.
Texas' open meetings and open records laws were enacted in 1973 on the heels of the 1971 Sharpstown banking and bribery scandal.
Less than 1 percent of Abbott's rulings requiring the release of government records are challenged in court, he said, and he added that his office's partnership with the open government group was leading to victories.
He cited recent court decisions requiring the state to give the Dallas Morning News records about assaults in state mental hospitals and the birthdates of state employees.
The attorney general's office is also hopeful that records detailing financing and development plans of the Trans-Texas Corridor will be released to the Houston Chronicle before the November elections, said Missy Cary, general counsel.
Cintra Zachry, the state's only contractor on the controversial toll road project, asked a court last year to block release of its plans. Abbott has ruled they are public records.
A case involving the Houston Chronicle's request for financial records on Travis County District Attorney Ronnie Earle's investigation of Tom DeLay is heading to court in late October. Earle is challenging Abbott's ruling that the records are public, claiming the records would reveal his prosecution strategy .
polly.hughes@chron.com
© 2006 Houston Chronicle: www.chron.com
Abbott fears case could let cities do business in secret
Sept. 8, 2006
By POLLY ROSS HUGHES
Houston Chronicle Austin Bureau
Copyright 2006
AUSTIN — The Texas Open Meetings Act is under assault in federal court, Attorney General Greg Abbott warned Friday, but he vowed to fight for the public's right to know what its government is doing.
"Not on my watch as attorney general are we going to have the open meetings law of the state of Texas struck down," Abbott declared, prompting applause at the annual meeting of The Freedom of Information Foundation of Texas.
Abbott ticked off a number of recent victories under the Texas Public Information Act, even as he sounded the alarm on the legal challenge to the state's law protecting public access to governmental gatherings.
U.S. Sen. John Cornyn, R-Texas, earlier told the open government group that more needs to be done to make records at the federal level available, including passage of pending legislation he's sponsoring in Congress.
Former and current City Council members in Alpine are suing in federal court, claiming that the state open meetings law violates their first amendment rights to free speech.
They are represented by high-profile Houston attorney Dick DeGuerin in the case presided over by U.S. District Judge Robert Junella former Democratic state lawmaker appointed by President Bush.
Abbott called it a "bedrock principle" that people need access to government meetings in order to hold elected officials accountable.
The federal lawsuit, however, "aims to lock those meeting doors and toss 'we the people' out on the street," Abbott said.
"It's incredible this outrageous position could return Texas government decision making to behind-the-door, smoke-filled rooms where decisions would be made without the benefit of sunshine."
The Alpine case stems from e-mail messages sent by two then-City Council representatives to fellow members of the council about a personnel issue. The two were indicted for violating the Open Meetings Act, charged with conducting city business in private, though the case later was dismissed.
Texas' open meetings and open records laws were enacted in 1973 on the heels of the 1971 Sharpstown banking and bribery scandal.
Less than 1 percent of Abbott's rulings requiring the release of government records are challenged in court, he said, and he added that his office's partnership with the open government group was leading to victories.
He cited recent court decisions requiring the state to give the Dallas Morning News records about assaults in state mental hospitals and the birthdates of state employees.
The attorney general's office is also hopeful that records detailing financing and development plans of the Trans-Texas Corridor will be released to the Houston Chronicle before the November elections, said Missy Cary, general counsel.
Cintra Zachry, the state's only contractor on the controversial toll road project, asked a court last year to block release of its plans. Abbott has ruled they are public records.
A case involving the Houston Chronicle's request for financial records on Travis County District Attorney Ronnie Earle's investigation of Tom DeLay is heading to court in late October. Earle is challenging Abbott's ruling that the records are public, claiming the records would reveal his prosecution strategy .
polly.hughes@chron.com
© 2006 Houston Chronicle:
posted by Porkus Maximus Tex: at Friday, September 08, 2006
<< Home