Top Stories
Court halts $354 million development subsidy
Austin City Manager: Dallas discard vs Austin retread
Latest articles
Searchable Mayor and Council E-mails
Made Available in Searchable Format
E-mails, Text Messages, Meeting Notes
Obtained Through Open Records, Lawsuit
by Ken Martin
© The Austin Bulldog 2011
While many e-mails exchanged by the Austin mayor and city council members have been made public previously, as they were released in large batches by the city or dribbled out in small quantities by individual council members, The Austin Bulldog continues to get requests for these files to be made available in a searchable format.
To that end, this report consolidates all records previously made public, adds hundreds of new records, and presents them in searchable files.
All told, The Austin Bulldog obtained more than 4,800 pages of public records through a series of requests filed under the Texas Public Information Act and a lawsuit against the mayor, council members and City of Austin.
More than 600 pages of these records—in the lingo used by the City of Austin—came out of computer folders titled “deleted” or in “dumpsters” that were not searched initially in response to our open records requests. Salvaging these records is important because otherwise they could have been permanently removed at the touch of a button, in possible violation of state law and city regulations governing records retention.
More than 500 pages of these never before published records were obtained from City Manager Marc Ott, including a volume of notes in his own, fairly legible handwriting that reflect the topics discussed with the mayor and council members during private one-on-one meetings.
The Austin Bulldog's lawsuit triggered the release of about 1,500 pages of these e-mails. These include:
• E-mails about city business that were sent or received using the mayor and council members private e-mail accounts (almost 300 pages).
• E-mails about city business that Council Member Bill Spelman sent on his University of Texas account (200 pages).
• E-mails located by the city's Communications and Technology Management (CTM) office through additional searches for responsive records (1,000 pages).
Proposed City Charter Amendments
to Create Geographic Representation
and Other Charter Changes in Council Resolution
by Ken Martin
© The Austin Bulldog 2011
Geographic representation for the citizens of Austin is being driven from the top down and the bottom up. The Austin City Council is squeezed in the middle and trotting out its own proposal at today’s council meeting.
The pressure from the top comes from bills pending in the Texas Legislature that would force the city to form at least six single-member districts for the May 2012 election, when the mayor and three council members will be up for reelection.
The bottom-up pressure comes from the possible petition drive that if successful could result in a citizen-driven plan for geographic representation of council members to be put on the ballot this November or the following May.
Barring interference from the legislation or an earlier election forced by a successful petition drive, the city’s proposal is geared to be on the ballot in November 2012.
The Austin City Council is scheduled to vote today on a resolution that would direct the city manager to prepare draft City Charter amendments to accomplish a range of reforms. Among these are adding geographic representation to the council, consisting of six members elected from districts, with the mayor and two members elected at-large.
The resolution further directs: moving municipal elections from May to be held in November of odd-numbered years; increasing the term of office from three years to four years; and eliminating staggered terms, so that all council members would be elected once every four years (except for special elections for unexpired terms).
Charter changes for geographic representation on the council have been on the ballot six times and failed six times.
Broad support for council districts
Bulldog’s Complaint Dismissed
City of Austin Committed Alleged Violations
Bulldog’s Complaint Was the First Presented
for Violation of Texas Pubic Information Act
by Ken Martin
© The Austin Bulldog 2011
The Travis County attorney’s office today issued a response to The Austin Bulldog’s complaint that alleged the City of Austin had violated the Texas Public Information Act by withholding public information.
The letter signed by James W. Collins, executive assistant Travis County attorney, states that the county attorney’s office “cannot determine that the violations alleged in your complaint were committed by the City of Austin.”
The letter states that this was a first complaint received by the Travis County Attorney’s office that was filed under Section 552.3215 of the Texas Public Information Act.
Attorney Bill Aleshire of Riggs Aleshire and Ray LP, who represented The Austin Bulldog in this matter, said, “This decision does not say the county attorney’s office exonerated the city, just that the county attorney’s office could not determine that the violations occurred as worded in the complaint.
Records Management Training Lacking
From 2007 Until Lawsuit Filed
Only One Current Staff Member Had
Taken Training, City Records Show
Investigative Report by Ken Martin
© The Austin Bulldog 2011
The bad news is that the staff of the mayor and council members had not taken any training in managing local government records in many years.There are no state or local laws that make such training mandatory.
The good news is these employees started taking this training soon after The Austin Bulldog filed a lawsuit against the mayor, council members, and City of Austin over failures to comply with the Texas Public Information Act, Government Code Chapter 552.
The Austin Bulldog’s April 6 report detailed deficiencies in how council members and their staff have failed to collect, assemble, and maintain local government records as required by the Local Government Records Act and the city’s Local Government Records Control Schedules. The city also permitted every city official and employee to conduct public business by creating or receiving local government records via e-mail and to keep them secret by using personal e-mail accounts.
These recordkeeping deficiencies make it virtually impossible for city officials to respond in a complete and timely manner to requests filed by citizens and journalists under the Texas Public Information Act.
As reported by The Austin Bulldog April 15, the City Council has adopted a new policy to require council members and the officials they appoint to use city e-mail addresses as the primary means of communicating via e-mail. When personal e-mail accounts are used for city business the policy requires prompt forwarding to a city account.
The council directed the city manager and city clerk to develop similar policies for other city employees and members of sovereign boards and commissions.
Dearth of records management training
Council reforming e-mail policies
Compliance With Texas Public Information Act
Policy Does Not Cover All City Employees
by Ken Martin
© The Austin Bulldog 2011
The Austin City Council voted 7-0 on April 7 to institute an e-mail policy that establishes city accounts as the primary means of communicating about city business. If circumstances require communicating about city business on a non-city account, that communication is to be promptly forwarded to a city account.
When complied with, local government records created or received on personal communications devices or personal accounts will be collected, assembled, and maintained to be available upon request under the Texas Public Information Act. Release of these communications, like any other public record, will be subject to the exceptions provided for in the Act.
The policy would also bring the city’s deficient procedures of the past into compliance with laws that have been on the books for decades, including the Local Government Records Act and the city’s own Local Government Records Control Schedules (see report of April 6, 2011).
This policy would also satisfy some of the concerns laid out in The Austin Bulldog v. Mayor Lee Leffingwell et al lawsuit filed March 1, as well as The Austin Bulldog’s civil complaint filed March 23 with County Attorney David Escamilla.
As originally written, the Draft Resolution would have applied the policy to all city officials and employees.
The Adopted Resolution, however, applies the policy only to the mayor, city council members and the city employees directly appointed by the city council: the city manager, city clerk, city auditor, chief judge of the municipal court, and municipal court clerk. The policy applies to all communications occurring immediately after the adoption of the resolution.
The council backed off the original draft resolution after a discussion that lasted nearly an hour and a half involving the council members, City Attorney Karen Kennard, and attorney James E. “Jim” Cousar of Thompson & Knight LLP.
Mayor Lee Leffingwell asked Kennard if the council could legally apply this policy to employees over which the council has no direct supervisory authority.
Kennard answered: “The City Council under the (City) Charter does not have the authority to apply personnel policies to city employees. That authority is given exclusively to the city manager. And so in looking at the policy we would have to have some language that recognizes that the charter gives that exclusive authority to the city manager and not the council.”
The mayor said the city manager also could set a policy that applied to the employees in council offices—implying that council members cannot order employees in their council offices to comply with the new policy.
“That’s correct,” Kennard said. “Including the council aides, under our charter, those employees are subject to the exclusive direction of the city manager.”
That statement is at odds with the way that council offices actually function. In practice, council members hire the people who work in their offices, said former City Council Member Beverly Griffith, who served on the council from 1996 to 2002. Council staff members work under the day-to-day supervision of the council members and their performance ratings are completed by the council members, Griffith said. Council aides interviewed said these procedures are still in effect.
Toward the end of the discussion Council Member Bill Spelman revised the draft resolution to conform to Kennard’s legal advice.
The adopted resolution directs City Manager Marc Ott to “develop a policy regarding the conduct of city business on personal communication devices by all other city employees and report progress to the council within 30 days.”
A resolution is an expression of the City Council’s position, not an ordinance. The adopted resolution provides no means of enforcement and no penalty for violating the policy it establishes.
City council can’t establish policies?
Investigative Reports
For more than a decade the Bulldog has published hard-hitting, in-depth investigative reports that have shaped civic discourse and public policy, resulted in criminal prosecutions, and enlightened voters about candidates' records. Here are a few samples of our work:
About us
The Austin Bulldog is the premiere investigative journalism outfit in Central Texas. Established in 2009, the Bulldog has become a trusted independent voice for government accountability, known for its incisive, in-depth coverage of local elections and local governments.
Newsletter
Keep up with the best investigative reporting in Austin.
Follow us
Bulldog Team
Ken Martin
Founder and EditorOur critical accountability journalism wouldn't be possible without the generous donations of hundreds of Austinites. Join them and become a supporter today!
Areas of Coverage
Austin City Manager: Dallas discard vs Austin retread
Lame duck council set to vote on 20-year sweetheart tax deal for developer
Environmentalists assail plan for lakeside high rises
Urbanists vie to replace council member Kathie Tovo
First-ever opportunity to elect appraisal board members
District 10 Council candidates jump in early
Announcing the Government Accountability Project
Central Health launches search for new CEO
First-ever opportunity to elect appraisal board members
Announcing the Government Accountability Project
Project Connect
Lawmakers weigh axing Project Connect’s ‘blank check’ loophole
Project Connect scope drastically scaled back
Austin Transit Partnership gears up for key decisions on light rail design
Become a Bulldog supporter
The Bulldog is funded by its readers. We're not affiliated with any political party or interest group. We're not paid by corporate sponsors. Support us today so we can continue to be a trusted voice for government accountability.
Newsletter
Keep up with the best investigative reporting in Austin.
© The Austin Bulldog. All rights reserved.
2028 E. Ben White Blvd. #240-6115 Austin TX 78741