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Travis County

Trust, but verify

We would like to think people in our nation’s highest offices adhere to the highest ethical principles.Yet recent news reports have exposed U.S. Supreme...

Announcing the Government Accountability Project

Local officials manage government organizations that spend billions of our tax dollars. They should always act in the public interest—not for personal profit. We...

Commissioners approve Central Health performance audit

At long last the Travis County Hospital District, better known as Central Health, is being brought under a microscope that will give the Travis...

Daugherty’s Civil Case to Continue

 Daugherty’s Civil Case to Continue

SOS Alliance also seeks a new special prosecutor and
judge to reinstate criminal complaint against Commissioner

by Ken Martin
© 2015 The Austin Bulldog
Posted Tuesday January 5, 2016 2:15pm

Gerald DaughertyThe Save Our Springs Alliance won a victory in the form of a December 10, 2015, ruling by District Judge Stephen Yelonosky that will allow a trial on the merits in the civil case against Travis County Precinct 3 Commissioner Gerald Daugherty.

If the case goes to trial the SOS Alliance will seek to persuade the court to order Commissioner Daugherty or Travis County, or both, to change policies enacted last spring regarding retention of and access to public records.

Bill BunchBill Bunch, executive director of the SOS Alliance, told The Austin Bulldog he will seek a finding by the court that violations of the Texas Public Information Act did, in fact, occur.

Bunch said such a finding would provide a basis for changing the policies to make sure that no violations like this occur again in the future.

In the beginning the lawsuit was about whether Daugherty had properly complied with the Act by providing all records requested by the SOS Alliance May 31, 2013. In Daugherty’s deposition and a court hearing held July 13, 2015, it was clear that he had not done so, but those records are no longer available. The larger issue for the SOS Alliance was whether it could find ammunition in those records for slowing or halting plans to build State Highway 45 Southwest over the sensitive Barton Springs portion of the Edwards Aquifer.

The case for getting more records is now moot, but Bunch wants to prevent the commissioner and Travis County from ever again failing to retain public records or allowing their destruction.

Commissioner Daugherty Won’t Be Prosecuted

 Commissioner Daugherty Won’t Be Prosecuted

Prosecutor filed motion to dismiss criminal complaint
over alleged violations of Texas Public information Act

by Ken MartIn
© The Austin Bulldog 2015
Posted Friday October 23, 2015 3:00pm

Gerald DaughertyThe special prosecutor who investigated a criminal complaint against Travis County Precinct 3 Commissioner Gerald Daugherty told The Austin Bulldog he has presented to the presiding judge a motion to dismiss the case and a proposed order.

“There's no evidence of probable cause,” said Leslie B. Vance of Marble Falls, the former district attorney handling the complaint.

The criminal complaint filed March 17, 2014, alleged that Daugherty violated sections of the Texas Public Information Act through “willful destruction of public information and ... criminally negligent failure and refusal to give SOS Alliance, as requestor, access to public information.”

Bill BunchBill Bunch, executive director of the Save Our Springs Alliance, who signed the criminal complaint, strongly disagrees with Vance’s decision to seek dismissal.

“Suggesting there was no violation is rather absurd in this case when Commissioner Daugherty admitted under oath that he deleted e-mails, deleted text messages, and did not produce some of the documents until months after the request because he overlooked them,” Bunch said, referring to Daugherty’s sworn deposition taken in a related civil case, which is still pending.

Vance said, “He didn’t do anything that violates the law, there’s been no crime committed by him. That’s why the civil case has all but been dismissed—and it’ll be dismissed too.”

The civil case was argued before District Judge Stephen Yelonosky July 13, as reported by The Austin Bulldog. Both Travis County and the SOS Alliance have filed additional briefs as recently as October 6 that Yelonosky will consider in deciding jurisdictional issues.

Calls seeking comment from Commissioner Daugherty and his criminal defense attorney, Randy Leavitt, were not immediately returned.

The argument for prosecution

Daugherty Wins SOS Round One

 Daugherty Wins SOS Round One

Judge Yelonosky rules mostly in favor of county
commissioner but leaves room for further action

by Ken Martin
© The Austin Bulldog 2015
Posted Monday July 27, 2015 4:20pm

Stephen YelonoskyIn the public information lawsuit the Save Our Springs Alliance initiated against Travis County Precinct 3 Commissioner Gerald Daugherty, which was argued in court July 13, District Judge Stephen Yelonosky denied most of what the plaintiff sought.

But the judge left the door open as to whether the SOS Alliance could persuade the court to order Commissioner Daugherty or Travis County, or both, to change recently enacted policies regarding retention of and access to public records.

“There remains a question of the court's jurisdiction, as a pure question of law, over a Declaratory Judgment Action seeking to enforce the Public Information Act. The parties have not adequately briefed this, so the court must defer a ruling on the plea to the jurisdiction in this regard until they have,” the ruling states.

Although the lawsuit is technically about whether Daugherty has properly complied with the Texas Public Information Act by providing all records requested by the SOS Alliance May 31, 2013, the larger issue is whether SOS can find ammunition in those records for slowing or halting plans to build State Highway 45 Southwest over the sensitive Barton Springs portion of the Edwards Aquifer.

SOS may seek to settle out of court

SOS v Daugherty Pending Decision

 SOS v Daugherty Pending Decision

Travis County seeks dismissal of lawsuit against
county commissioner, SOS wants more records

by Ken Martin
© The Austin Bulldog 2015
Posted Tuesday July 21, 2015 12:58pm
Updated Tuesday, July 21, 2015 5:03pm (to include a link to the SOS Alliance’s original petition)

In an ongoing battle over whether State Highway 45 Southwest will be built over the environmentally sensitive Barton Springs portion of the Edward Aquifer, the Save Our Springs Alliance is waging a two-pronged attack, through both a civil lawsuit and a criminal complaint, on Travis County Precinct 3 Commissioner Gerald Daugherty, the leading proponent of the project.

Both actions claim that Daugherty violated the Texas Public Information Act, which provides both civil and criminal penalties for violations.

Stephen YelonoskyThe criminal case is being held in abeyance until the lawsuit is resolved. To that end, a nearly three-hour hearing was held July 13 before Judge Stephen Yelenosky of the 345th Judicial District Court.

Tony Nelson and Gerald DaughertyAssistant County Attorney Tony Nelson, who represents Daugherty, contends the lawsuit should be dismissed.

Nelson filed a Plea to Jurisdiction April 8, 2015, meant to refute claims made by SOS in the lawsuit and request dismissal because Daugherty and Travis County have exhausted all means of finding and providing the records that SOS requested in its public information request.

The SOS request was for any e-mails, memoranda, and attachments sent or received by Daugherty or his executive assistants that referenced the proposed SH45 SW that were sent or received between January 1, 2013, and the date of the request, May 10, 2013. The request covered the beginning months of Daugherty’s current term in office.

Issues before the court

Commissioner Daugherty’s Criminal Case Delayed

Criminal complaint concerns an alleged violation of the Texas Public Information Act for not turning ove correspondence related to the proposed controversial State Highway 45 Southwest.