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City Spent $157,000 to Defend Council Violations

City Spent $157,636 to Defend Council Violations

Payments for private lawyers for mayor,
council members in criminal investigation

Investigative Report by Ken Martin
© The Austin Bulldog 2013
Posted Monday April 8, 2013 3:33pm

On the eve of the City of Austin’s Open Government Symposiumslated for April 17, The Austin Bulldog’s investigation found that the City of Austin quietly paid $157,636 for attorneys to defend six elected city officials (not including Council Member Kathie Tovo) and former Council Member Randi Shade during County Attorney David Escamilla’s 21-month criminal investigation of the City Council’s violations of the Texas Open Meetings Act.

These expenses—plus $444,000 the Austin American-Statesman reported June 17, 2012, that the city had authorized to spend with three law firms for advice on matters related to complying with the Texas Open Meetings Act—means taxpayers have shelled out more than $600,000 since The Austin Bulldog broke the story of these violations January 25, 2011.

Dafoe Offers to Settle for $40,000

Dafoe Offers to Settle for $40,000

 Settlement invitation for Mayor Leffingwell would avoid
lawsuit, depositions, and trial for Election Code violations

by Ken Martin
© The Austin Bulldog 2013
Posted Thursday March 21, 2013 1:26pm

Clay DafoeClay Dafoe—who along with former Council Member Brigid Shea ran unsuccessfully against Mayor Lee Leffingwell in his 2012 reelection bid—has invited the mayor to settle without litigation Dafoe’s claim for damages by paying him $40,000.

This in lieu of the potential for more than $65,000 in statutory damages that could be awarded if Dafoe were to prevail in a lawsuit over Leffingwell’s failure to timely file accurate campaign finance reports as required by the state Election Code.

Lee LeffingwellMayor Leffingwell did not respond to an e-mailed request for comment about the settlement offer or to a voice message left with his chief of staff, Andy Mormon.

Election Code Section 254.231 makes a candidate who fails to report campaign contributions or campaign expenditures that are required to be reported liable for damages to opposing candidates in twice the amount that was unreported and reasonable attorney’s fees incurred in the suit. (If judgment should be rendered in the defendant’s favor the defendant is entitled to reasonable attorney’s fees.)

The Austin Bulldog’s investigative report, published March 5, showed that Leffingwell’s 2012 mayoral campaign did not account for $32,716.54 in funds. In addition, his 2009 campaign left more than $40,000 unaccounted for. (See Lee Leffingwell 2009 and 2012 Campaign Finance Reports Analysis .)

City Hosting Open Government Symposium

City Hosting Open Government Symposium

 Follows county attorney’s investigation
of City Council open meetings violations

by Ken Martin
© The Austin Bulldog
Posted Tuesday March 19, 2013 2:59pm
Updated Tuesday, March 19, 2013 at 3:27pm

The City of Austin is taking a giant step into the sunshine by hosting its first-ever Open Government Symposium April 17, an all-day event featuring six panel discussions.

The symposium comes six months after the county attorney concluded a 21-month investigation of the mayor and council members, in which he “found probable cause to believe that multiple violations of the Texas Open Meetings Act had occurred,” according to the Travis County Attorney David Esamilla’s Press Release of October 24, 2012.

That investigation—triggered by The Austin Bulldog’s investigative report of January 25, 2011 and a formal complaint filed by civic activist Brian Rodgers—resulted in these elected officials (excluding Kathie Tovo, who was not on the council at the time of the violations) signing deferred prosecution agreements, also called compliance agreements.

David EscamillaIn a Monday interview, Escamilla said of the symposium, “I’m happy to see the city move forward in this direction. I think it's a needed initiative given that during our investigation we identified a lack of understanding and education in this area.”

The open government symposium comes two years after The Austin Bulldog sued the City of Austin over its refusal to release e-mails about city business that the mayor and council members exchanged on private accounts.

That lawsuit, The Austin Bulldog v. Lee Leffingwell, mayor, et al filed March 1, 2011—five weeks after the county attorney launched his investigation—not only triggered release of those e-mails about city business exchanged on private accounts but led to new policies for how the City Council, city employees, and board and commission members handle electronic communication in accordance with the Texas Public Information Act.

City’s efforts aim to boost openness

Dafoe Hires Law Firm Over Mayor’s Misreporting

Dafoe Hires Law Firm Over Mayor’s Misreporting

Clay Dafoe, third-place finisher in
2012 mayoral election, first to act

by Ken Martin
© The Austin Bulldog 2013
Posted Thursday, March 14, 2013 9:12pm
Corrected Thursday, March 14, 2013 at 9:45pm

Clay DafoeClay Dafoe has followed through on his previously stated intent to take legal action against Austin Mayor Lee Leffingwell.

Bill AleshireThis afternoon, Austin attorney Bill Aleshire of Riggs Aleshire and Ray PC told The Austin Bulldog, “Our law firm has been retained by Clay Dafoe to hold Lee Leffingwell accountable for violating the state campaign finance laws in the mayoral campaign of 2012.”

In a phone interview this evening Aleshire added, “We will let the facts take us where they go and we will not take any action that’s not in good faith.”

“That’s all we have to say at this point,” Aleshire said, “but there will be more later.”

(Disclosure: Aleshire is The Austin Bulldog’s attorney in a Texas Public Information Act lawsuit that is still pending.)

Lee LeffingwellAttempts to reach Mayor Leffingwell this evening for a comment were unsuccessful. A listed home number has been disconnected. A phone call to his chief of staff, Andy Mormon, was not answered. A text message sent to Mormon’s cell phone requesting a comment from the mayor was not promptly answered.

Two phone messages left for Dafoe were not returned. Aleshire later informed The Austin Bulldog that, “Mr. Dafoe will not be commenting directly.”

Grounds for lawsuit

Mayor Responds to Red Flags Report

Mayor Lee Leffingwell’s amended campaign finance reports address his unaccounted for campaign funding.

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:

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