City Council warned on opening meetings violations

AUSTIN (KXAN) - Travis County Attorney David Escamilla said Wednesday that six current Austin city council members and one former member repeatedly violated the Texas Open Meetings Act in the manner they conducted business.

All seven signed a compliance agreement to follow the law, to avoid prosecution.

Named by Escamilla were Mayor Lee Leffingwell along with Council members Bill Spelman, Mike Martinez, Chris Riley, Sheryl Cole and Laura Morrison and ex-Member Randi Shade.

"We found probable cause to believe that multiple violations of the Texas Open Meetings Act had occurred," Escamilla said.

At issue were reports of private meetings of council members and electronic communications between them that were not available for public purview.

The inestigation was launched two years ago after a complaint from civic activist Brian Rodgers. He says, "In open government we have a right as citizens to see how these decisions are made. Why have council meetings if the conclusions are already predetermined?"

The investigation by Escamilla's office also concludes that such communication violations had been going on for years prior to the present council. It also concludes council members were not well served by the city administration in understanding the rules.

Rodgers says, "I think we have to assume everybody will behave correctly but it's incumbent on us as citizens to remain vigilant about their government. I think everybody's learned their lesson."

 

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Read the final signed agreements:

• Mayor Lee Leffingwell
• Council member Sheryl Cole
• Council member Bill Spelman
• Council member Chris Riley
• Council member Laura Morrison
• Former Council member Randi Shade

 

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Leffingwell said in a statement that no wrongdoing had taken place by him and the council members.

"I am happy the process has finally concluded and determined there were no violations," Leffingwell said.

 But that contradicts the report by the county attorney.

In return for deferring prosecution, the seven who were cited agree to take education classes on communication rules. No more than three council members will meet privately at any time, as a fourth would then create a quorum. 

The seven also agree that if they conduct any business on their personal electronic devices they will provide that communication to the city server.

Escamilla warned that if there are future communication violations, "We will file criminal charges on the illegal violations."

That would include fines ranging from $100 to $500, and 30 to 180 days in jail.