Fort Bend Independent 072419

Page 1

email: editor@fbindependent.com

VOL 12 No. 30

Phone: 281-980-6745

www.fbindependent.com

FORT BEND FAIR. BALANCED. INFORMATIVE. WEDNESDAY, JULY 24, 2019

P. O.BOX 623, SUGAR LAND, TX 77487-0623

Official newspaper of Fort Bend County & Missouri City

Sugar Land Mayor takes on LID board for ‘lobbying’ expenses

By SESHADRI KUMAR Sugar Land Mayor Joe Zimmerman made an appearance at the monthly meeting of the board of directors of Fort Bend County Levee Improvement District No. 2 in Sugar Land on July 15 and sought to make comments on two agenda items. That was unprecedented. And the proceedings began with LID President Andre McDonald asking Zimmerman if he was presenting himself as the mayor or as a resident. Zimmerman said, “It is both.” Are you authorized to do that by the council, McDonald asked. “I am authorized by the charter and the City of Sugar Land to represent the city. Yes, sir, I am,” Zimmerman said. McDonald: “But, for this meeting?” Zimmerman: “For this meeting I need no authorization, the charter gives me.” Then, Zimmerman addressed the board on two items — Review Request for Statement of Qualifications for: A. Legal services. B. Lobbying services. Review of District’s budget and expenditures for conferences, and consider revisions to policy for Director conference attendance. Regarding legal services, Zimmerman said, “If you have got problem with the pricing of legal services, sit with your attorney and communicate what your expectations are so that you can be better informed.” On the lobbying expenses, he said, “I am opposed to any dollars spent on lobbying; those dollars should be used locally to improve drainage services

within Sugar Land and the LID itself; not in a bunch of esoteric lobbying. I remain unconvinced that the efforts you spent haven’t made any difference.” Then he referred to the request he had made before for certain documents including the lobbying expenditures and conference expenditures, but had not received them. The board’s legal counsel said any request for records must be given in writing and Zimmerman agreed to make a written request for the documents. Then during the meeting, one of the three directors echoed the same sentiments as Zimmerman did. The board consists of Andre D. McDonald, President, Bryan K. Chapline, Vice President and Glen R. Gill, Secretary. All are appointed by Fort Bend County Commissioners Court. The LID is a political subdivision of the state of Texas. The board on a 2-1 vote approved bills for attending conferences and voted to proceed with solicitation of qualifications for legal services and lobbying. The dissenting board

member, Chapline moved to “Reorganize the Board and elect officers,” by recommending Gill to be made president in place of McDonald. Gill declined and the motion failed 1-2. Chapline also opposed the move to solicit qualifications for legal services, which may lead to replace the current legal counsel. He asked if the legal counsel was being replaced because of the costs. McDonald and Gill said cost was not the factor. However, the current legal counsel, Allen, Boone, Humphries & Robinson ( ABHR) does not specialize in LID matters and their expertise is in Municipal Utility Districts, they said. ABHR represents hundreds of MUDs, but represents only six LIDs, according to McDonald. If ABHR had shown interest in LID issues and attended various conferences, the board members would not have attended the conferences, the majority of the board said. The board is also looking at tax collection services. Currently, a private tax collector collects LID taxes. See LID, Page 3

Contributing to history

The Garden Club of Richmond made a donation of $500 to the Friends of the Fort Bend County Historical Commission at the Friends board meeting on Thursday. From left are Friends Chairman Jim Vollmar, Vice Chairman Chris Godbold, Richmond Garden Club President Barbara Benes and Treasurer Justine Huselton. The nonprofit Friends group provides financial support for the historical commission. Photo courtesy of Charles Kelly.

Fort Bend County Fair Downtown Stomp Returns

2018 Downtown Stompgoers enjoying last year’s event, Renee and Chris Brackin, left, Nikki Holster, Dr. Terry Holster, Amanda and Freddy Lopez, and Erin and Cameron LaBrache. Take in the wine and the hand-crafted custom furniture, wine as part of the People’s shopping of the 7th Annual and other unique items Choice Award. A complimentary keepsake Downtown Stomp. Downtown Rosenberg shops wine glass will be given away The Downtown Stomp have to offer. returns with wine tasting and Eighteen businesses will be while supplies last. The Downtown Stomp shopping, all while discovering participating as official wine the Historic Downtown tasting venues and several other benefits scholarships and helps Rosenberg. merchants will have extended promote the Fort Bend County Fair. Wine aficionados and novices hours. The 2019 fair runs from are invited to enjoy wine tasting, The Fort Bend County after-hours shopping, and dining Fair has partnered with the September 27 to October 6. on Saturday, August 3, 2019, Rosenberg Arts Alliance District Tickets for the Downtown from 5:00 p.m to 9:00 p.m. to host the Downtown Stomp. Stomp are on sale now at Enjoy food, desserts, antique Downtown Stomp patrons will fortbendcountyfair.com. shopping, fashion boutiques, be able to vote on their favorite

FBISD challenges AG’s ruling on open records request; says cell phone logs of trustees, employees not public record By SESHADRI KUMAR Fort Bend ISD has challenged an open records ruling by the Attorney General of Texas and filed a petition in Travis County District Court seeking declaratory judgment that the information at issue is exempt from disclosure under the Texas Public Information Act. Wayne Dolcefino, founder of Dolcefino Consulting, made a request for information to FBISD on March 4, 2019 seeking the following information from FBISD Board of Trustee members Jason Burdine, Addie Heyliger, Dave Rosenthal, Grayle James, Jim Rice, and Kristin Tassin, and from FBISD employees Dr. Charles Dupre, Beth Martinez, Michael Hejducek, and Sarah Laberge: “PDF or searchable spreadsheet copies of detailed phone records, including, but not limited to, text messages, photo messages and incoming and outgoing calls . . . on any device on which FBISD business is conducted [for a specified period of time].” The district is mainly challenging the Attorney General’s finding that the call logs were public information and ordering the District to disclose the logs of personal cellular telephone calls and text

messages from the trustees and district employees from their personal cellular telephones. On March 18, 2019 FBISD sent a written request for clarification regarding the initial requests and Dolcefino responded that same day but did not provide any clarification. On March 22, 2019, FBISD requested a decision from the Attorney General that the information in question was not subject to disclosure. In its request for an Attorney General decision, the District asserted that certain documents responsive to the request were excepted from disclosure under Texas Government Code. Also the Government Code protected from disclosure information considered to be confidential by law, including Texas Rule of Evidence, which protects attorney-client privileged information. On April 1, 2019, FBISD sent its 15-day letter to the Attorney General, which contained written explanation as to why the logs of cellular telephone calls and text messages made by the trustees and district employees on their personal cellular telephones are not public information under the Act. Specifically, FBISD explained

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in its April 1, 2019, letter that the information sought is not public information under the first two subsections of Section 552.002(a) of the Government Code as the trustees and staff members do not write, produce, collect, assemble, or maintain personal phone records by, or for, the District in their official capacities. In addition, trustees and staff members’ logs of personal cellular telephone calls and text messages from their personal cellular telephones are unrelated to the transaction of official business of the District. The April 1, 2019, letter also included representative samples of the requested call and text message logs for review. Such samples showed, among other things, that the call logs revealed only: the date and time of the telephone call or message, the telephone number to which each call or text was made or from which each call or text originated, and the duration of the telephone call. The logs do not contain the substance of any communication. The logs were not made by FBISD or any one of its employees or agents, but rather by the cellular phone provider See FBISD, Page 2


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