Friday, April 19, 2024

With ethics complaint, city delays HCN’s document request without explanation

Posted

The ethics complaint filed by City Manager Chris Coffman against Mayor Jim Jarratt has raised questions about the city’s transparency in handling Open Records requests.

The Hood County News filed an Open Records request at 8:19 a.m. on Wednesday, Aug. 18, after receiving a tip that a grievance against the mayor had been filed.

The HCN did not receive the requested documents until 4:11 p.m. Monday (Aug. 30) after the Ethics Commission had met to consider and publicly discuss the complaint.

By law, an entity that is subject to Open Records is required to produce the requested information “promptly.” According to the Texas attorney general’s Public Information Act Handbook 2020, “’promptly’ means as soon as possible under the circumstances, that is, within a reasonable time, without delay.’”

The city’s Open Records requests are processed by the city secretary.

City Attorney Jeremy SoRelle told the HCN in a text message on Monday, Aug. 23 – his first day back from vacation and five days after the newspaper had submitted the request – that City Secretary Carla Walker had forwarded the request to him.

When the documents were not forthcoming, the HCN made several inquiries to both Walker and SoRelle. When the inquiries were met with no response, the newspaper asked for an explanation. That request, too, went unanswered.

On Monday, after the Ethics Commission meeting had concluded, the HCN again texted SoRelle asking about the Open Records request. He advised the paper to check with the city secretary.

The HCN again emailed Walker and phoned her office. An assistant said that she was working on the request.

The ethics ordinance states that the city secretary, city manager or city attorney, or anyone acting on their behalf, “will treat the complaint as a personnel issue and maintain confidentiality, except as required to proceed with the disposition of the complaint as subject to any other laws.” 

In the phone conversation with the HCN on Aug. 23, SoRelle did not indicate a need for confidentiality. 

When Walker emailed the documents late Monday, she provided no explanation as to the timing.