When using City Resources Should Council Members Promote their Personal Business

Do you think that your City Council Members should use City resources to promote their personal business?  Do you think that correspondence on the City’s Email Server should be willingly and efficiently produced under a Open Record’s Request?  Do you think that the failure to produce such records BEFORE an election date of a heated campaign by requesting a Texas AG Opinion is a little suspect to protect incumbents?  Do you think once the Attorney General rules the City MUST produce these records that the information should be consistent, accurate and readingly available?  All of these issues leave problematic questions unanswered in the City of Colleyville.

After a series of attempts by LocalNewsOnly.com to obtain information via an open records request from the City of Colleyville PRIOR to the May Election, the information is provided to requestor’s after the May Election Date.  The information being requested seem straight forward – copies of correspondence from elected officials Mayor David Kelly, Councilman Chuck Mogged and Councilman Mike Taylor pertaining to information sent to the public in the capacity as elected officials containing information on Glade Road.

However, the City of Colleyville initially took the April 3, 2015 dated requested and responded to the Attorney General’s Office on April 17, 2015 (10 days is the maximum time the city has to respond) claiming Good Friday the offices were closed, therefore taking the maximum allotted time to request an AG’s opinion.  See Here AGrelatedLettertoNT

The response to the City of Colleyville’s City Attorney was dated May 18, 2015.  See Here OpenRecordsRequest. Virtually requiring the City of Colleyville to release the requested documents.
As such, LNO received a copy of ONE EMAIL sent to a citizen from Mike Taylor on the City of Colleyville’s email server, in response to the LNO request.

However, David Medlin, a resident of Colleyville, had also requested via Open Records a very similar request to that of LocalNewsOnly.com.  However, this was ALSO refused by the City to be responsive with a letter to the AG of Texas, of which the City of Colleyville received a letter from the Attorney General on June 18, 2015, once again instructing the city to release public records on the requested emails.  AGRulingonMedlinRequest

From: Ben Stool <bstool@boyle-lowry.com>
Date: June 23, 2015 at 2:28:40 PM CDT
To: “davidmedlin@icloud.com” <davidmedlin@icloud.com>
Subject: Attorney General Letter Ruling OR2015-12129 and redacted documents

David Medlin

Dear Mr. Medlin:

The Attorney General’s letter ruling and the redacted documents are attached to this email.

Best regards,
Ben L. Stool

BOYLE & LOWRY, L.L.P.

However, this time the response from the city resulted in several emails, all from Councilmember Mike Taylor, sent on the City of Colleyville’s server.  Of note is all of the emails below were within the specified time period of the LocalNewsOnly request that had been made originally on April 3, 2015 and the AG responded finally on May 18, 2015, YET NONE of these were included in the response to the LocalNewsOnly request.  While the City of Colleyville’s position is that there were no emails from Mayor Kelly or Councilman Mogged concerning Glade Road from October 2014 until April 3, 2015. Note the emails cover only two days February 22nd and 23rd.  However, Taylor states that “Oops, I need to add (my personal email) to your files for campaign correspondence..because everything on the City’s Server is “public record and saved on the city server.”  Leaving only the conclusion that Councilman Taylor does not want his campaign rhetoric available to the public.

Emails sent to Mr. Medlin from the City of Colleyville are below:

Upon receipt of these emails Mr. Medlin noted it is very irregular for someone in a  Financial Adviser’s position, due to strict regulatory issues, to associate their position to a political campaign or event.  However, in each of the responses, on the City of Colleyville’s Email Server, Taylor provides a title and contact for his “Financial Adviser” position.

On further investigation by Mr. Medlin, City Manager Jennifer Fadden responds that this issue; “is not specifically addressed in any City rules or regulations. So, Councilmembers are free to determine their email signatures as they feel appropriate.”  As seen below in the exchange of emails.

—–Original Message—–
From: David Medlin [mailto:xxxxxxxxxxxx]
Sent: Wednesday, July 8, 2015 1:45 PM
To: Jennifer FaddenSubject: Simple question

Is it OK for a council person using the city email address to have in the footer their business footer in addition to the city footer?

Seems inappropriate to me.

On Jul 8, 2015, at 1:52 PM, Jennifer Fadden <jfadden@colleyville.com> wrote:

Mr. Medlin:
I am not sure I fully understand your question; if you would like to forward me an example of what you’re referring to, I think I’ll be able to better respond to your question.

Thank you,

Jennifer

Jennifer Fadden, ICMA-CM

City Managerjfadden@colleyville.com

ATTENTION ALL PUBLIC OFFICIALS: A “Reply All” to this email could lead to violations of the Texas Open Meeting Act. Please reply only to the sender.

From: David Medlin [mailto:xxxxxxxxxxxxxxxxxxxxxxxxx]
Sent: Wednesday, July 8, 2015 9:06 PM
To: Jennifer Fadden
Subject: Re: Simple question 

If a councilman sends out an email, on the city email address, is it ok or not, for the footer of that person to contain his title, as city council, then under that footer, also have his business name, title at that business and contact information? Is that ok by city rules or not?

Simple question.

David

From: Jennifer Fadden <jfadden@colleyville.com>
Date: July 9, 2015 at 9:36:53 AM CDT
To: David Medlin xxxxxxxxxxxxxxxxxxx
Subject: RE: Simple question

Mr. Medlin:
Thank you for your email; the situation you are asking about is not specifically addressed in any City rules or regulations. So, Councilmembers are free to determine their email signatures as they feel appropriate.

Jennifer
Jennifer Fadden, ICMA-CM
City Manager
jfadden@colleyville.com

ATTENTION ALL PUBLIC OFFICIALS: A “Reply All” to this email could lead to violations of the Texas Open Meeting Act. Please reply only to the sender.