A reader pointed out the Texas Local Government Records Act to me.
My previous posts about the email controversy have addressed the issue with the Texas Public Information Act in mind.
This post, like all of my others, is only my opinion.
I conclude that the emails in question are local government records under the Texas Local Government Records Act (the law). If my readers want me explain my thought process, I will post subsequent articles explaining the several steps that it took for me to come to this conclusion.
What surprised me is that it looks like our former city representatives are already in violation of Texas law.
City representatives hold a public office, that of district representative. Section 201.006 of this law requires each of them to turn over all local government records in their possession at the expiration of their term to the person who becomes their successor. Not eventually. There are exemptions, like a copy of a record or a personal journal, but the emails in question are correspondence. If the district representative has an email that qualifies as a local government record that the city does not already have, it must be turned over.
Possession of a local government record (not a copy) by a private individual is a class A misdemeanor. Class A misdemeanors are punishable by a fine up to $4,000 and/or one year in jail.
We need to ask
The new district representatives should each ask their predecessor for all local government records in the former district representative’s possession. I would think that the criminal charge would not be appropriate if the records are turned over now.
City council also has the right to demand return of the documents and I believe it should.
We need to communicate with city council and let them know that we would like them to take these actions.
District attorney
I believe that our district attorney should investigate this situation and announce his findings to the public. Part of his job is to prosecute violators of state laws.
I would think that 74% of the voters think the same thing.
We deserve better
Brutus
elpasospeak 
Obviously you don’t remember over the last 20 years when city reps left office how the new city rep (or county commissioner) complained to the media that the former rep destroyed, threw out or whatever – ever single file they had in their office. I can imagine that there were shredders and large trash cans sitting around the 2nd floor City Hall in June when Cook, Ortega and Byrd left – I saw it in 2005 when Cook et al came into office. It’s happened forever and no one has ever claimed it was a crime. Not everyone prints out every e-mail – so it should still be on the city’s server and available to the incoming rep or Mayor. So you can rant all you want about the Texas government code – but this happened time and again and everybody knows about it in the media, in the legal world and in the political world.
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You, unlike most of us, must work or spend a lot of time in city hall since you’re aware of past shredding and all the trash cans sitting around. Secondly, “everybody” doesn’t know about this, but thanks for making a few of us aware of it. Thirdly, just because it’s been done in the past and some people know about it, doesn’t make it right.
I think the general idea is to try to put a stop to improper conduct regardless whether it’s a crime per se. If it’s a crime, all the more reason to stop it. If you, who I presume to be an average citizen, are ever charged for a breaking a law that you did not know exists, try using your lack of knowledge as your defense and see how that works out for you. You can write to us from the computer in the rec room at the prison.
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No – I will get Dick DeGuerin to defend me. Look what he did for Abraham. Dumbass jury – but that’s El Paso and that’s why “improper conduct” gets a pass in El Paso, Texas at all levels of society and government.
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