Fight for Sunshine and Transparency

Letters to the Editor

After the last election, former Councilwoman Dr. Pam Showalter felt the speed with which the new Council began demonizing the long-negotiated Wimberley Wastewater Treatment Plant in favor of Aqua Texas (AT) was suspicious.

The State of Texas holds that all city records are the People’s records -- they are presumed to be public (except, of course, confidential items such as Social Security numbers) -- so Dr. Showalter sought data to confirm or allay her concerns by submitting a Freedom of Information Act (FOIA) request to City Hall for communications between Council and AT/Aqua America as well as between Council and a small group of local AT advocates, beginning May 17, 2016. Council complied. Subsequently, in order to maintain her “thread” of such communications, Dr. Showalter resubmitted requests for records from June 22-July 18. The City had previously provided the documents within ten working days (the norm—and the legal maximum time allowed for release) so Dr. Showalter expected delivery August 1.

Instead, on August 1, Dr. Showalter received a letter from the City’s lawyers advising her that the City was contesting her last request and would ask the Attorney General (AG) for a ruling. In short, after complying with previous FOIA requests covering 26 months, Council suddenly decided to use money from the City’s limited budget to contest a request covering less than four weeks.

Naturally, Dr. Showalter wondered why Council would suddenly unleash its lawyers and involve the AG; knowing my legal background, she sought my guidance on the matter. The following day (August 2) I attended the City Council meeting where I urged Council, on behalf of my client (Dr. Showalter), to at least disclose who authorized spending public money on lawyers in what appeared to be an effort to hide public information from the public. They did not respond.

So what information contained in those four weeks of the People’s records is so explosive it must be hidden from view? Did the mayor make a unilateral decision to fight Dr. Showalter’s last FOIA? Or, was there discussion with one or more Council members or others to do so? Are those communications, if any, part of what the City is hiding?

Perhaps we’ll learn more on August 7 when the City’s lawyers are scheduled to file their brief with the AG stating what information they believe should be withheld. Or, they may not file -- they don’t yet know what they’re going to do because, as of last night’s meeting, the City’s lawyers hadn’t seen the documents either. Here’s my biggest concern: if they do file, the AG doesn’t have to respond with a ruling until mid-September. From a legal standpoint, it’s my belief the mayor hopes to get her “AT vote” long before the AG’s ruling. That way, even if the AG’s ruling brings the documents to light and they are “explosive”, the damage to the City will already have been done.

The final insult: that your Council is using City money - the People’s money - to pay legal fees in order to hide the People’s records. Please tell the Mayor and council to stop hiding their AT discussions -- to stop spending our money to hide our records from us! (PS-As many have learned, it ain’t just what you did; it’s the cover up that takes you down.)

Andrew Weber