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Hereford BRAND Volume 118 | Number 56 WHAT'S INSIDE
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C orrection
incident at Hereford Community Center on Jan. 18 after the cancellation of a SJWA meeting, city and county law enforcement leaders have confirmed Hernandez’s claims have no legal validity because of prevailing Constitutional rights and state laws. The lone official communication between the BRAND and SJWA since the story broke in mid-December occurred Wednesday when a letter was received that was ap-
SJWA muddies FOI process
By John Carson BRAND Managing Editor
Police Blotter Page 2
Schools, hospital to sponsor luncheon Page 5
4th-quarter comeback lifts Lady Whitefaces Page 7
FORECAST
While law does not appear to have been obeyed, Deaf Smith County Fresh Water Supply District No. 1 may have been able to delay having to reveal an array of public documents it has been adamant about keeping hidden. Locally known at the San Jose Water Authority (SJWA), the district has been openly hostile in blatant refusals to allow inspection and copying of legally mandated
In the Wednesday, Jan 23 edition of the Hereford BRAND in the story headlined “SJWA threatens First Amendment,” it was erroneously printed that SJWA director Mona Hernandez had legal basis to claims of harassment levied against the BRAND. Both Hereford City Manager Rick public records. Efforts by the BRAND to secure from SJWA the same public documents that are readily accessible at every other governmental body in the
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INDEX Page 2............Obituaries Page 3....................News Page 4....................News Page 5..........Community Page 6............Honor Roll Page 7..................Sports Page 8................Religion Page 9...........Classifieds Page 10................Sports
county have been stonewalled by water district director and “employee” Mona Hernandez and members of the district’s board of supervisors. In attempts to avoid an-
swering questions on the matter, Hernandez has levied criminal allegations and sought charges against the BRAND. In all instances, including the aftermath of an
A total of three seats on the Hereford City Commission are up for grabs this year after the official call for an election during Monday’s regular commission meeting. The mayor’s chair, as well as seats in Places 1 and 3, will be on the line for municipal elections set for Saturday, May 4. Qualifying for the races opened Jan. 16 and runs through Monday, Feb. 18. There are reports that incumbent Mayor Tom Simons has already filed to seek a third term. Although yet to qualify as last report, Place 1 incumbent Jose Garza and Place 3 incumbent and Mayor Pro Temp Charlie Kerr are expected to toss their hats back into the ring. Hereford Assistant City Manager Steve Bartels said early voting for the city elections will run from Monday, April 22-Friday, May 3 at Deaf Smith County Courthouse. Polls at Hereford Community Center on Election Day, May 4, will be from 7 a.m.-7 p.m. Prior to calling the election, commissioners conducted the required second public hearing concerning a request for annexation. The annexation effort began in December when commisPLEASE SEE CITY | 4
Herd on the hoof
By John Carson BRAND Managing Editor
Lady Herd’s Lori Arias (10) works a runner off a drive down the left side of the lane during Tuesday’s comeback win over Goddard. BRAND/John Carson
Youth, stock shine in show By Jim Steiert Contributing Writer
Youngsters from local 4-H and FFA programs and their animals strutted their stuff before judges at the Hereford Livestock Show on Jan. 19. PLEASE SEE SHOW | 10
© 2019 Hereford BRAND A division of Roberts Publishing Group
PLEASE SEE SJWA | 3
Appeal process very clear in law
Mayor, 2 seats up in city elections From Staff Reports
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Hanna and Hereford Police Department Chief Brent Harrison had said Monday there was no legal basis for Hernandez’s charge of harassment surrounding a cancelled water district meeting Jan. 18 at Hereford Community Center. The BRAND regrets the error.
Youngsters work at displaying the best attributes of their swine as judges ready to dole out ribbons during Jan. 19's annual Hereford Stock Show. Contributed photo
The Texas Public Information Act sets down a very clear and precise legal process the people must use to make a request for public information valid. The same law also sets down just as clear and precise a process for a government body to follow if seeking an attorney general opinion to keep that requested information secret. In the case of five formal Freedom of Information requests presented by the BRAND to SJWA on Jan. 7, the district has apparently failed to abide by law in either adhering to mandated timelines on responding to the request, filing an appeal or appeals on the requests, or providing legally required notification and copies of that appeal to requestors. As of Friday, no appeals from SJWA had been filed with the Texas Attorney General’s Office, according to officials with the AG’s Public Information Division (PID). Section 552.301 of the Texas Public Information Act is clear on the process a government must undertake to make “Request for Attorney General Decision,” as the section is titled, pertaining to written request for records. Section 552.301(e) specifically sets down what a government must submit to the AG no later than the 15th business day of receipt of a written request, which in SJWA’s case with the BRAND will be Monday, Jan. 28. According to law, “written comments” stating why the records should be kept secret, copies of the written request(s) for information, evidence to establish date of receipt of requests, and copies of the information requested must all be submitted by the governmental body in its appeal. Law also requires that information PLEASE SEE APPEAL | 3