Houston attorney Dick DeGuerin’s latest lawsuit is a frontal assault on the Bill of Rights. He wants the federal court to toss out the Texas Open Meetings Act because his clients, who are elected officials, don’t get to discuss public business while they are drinking whiskey in a smoke filled room.  For 42 years, the Texas Open Meetings Act has been the law in our state. And for good reason – the law lets Texas citizens watch their government spend their tax dollars.

 I am proud to report the West University Place City Council voted 3-2 on Monday night to resolve our support for the Texas Open Meetings Act. One councilmember suggested that my inclusion of this resolution on the city council agenda was a “political gimmick.”

It was no gimmick, it is very serious: Four Texas cities, Pflugerville, Alpine, Rockport and Big Lake, along with 15 elected officials, filed a lawsuit in December to overturn the Texas Open Meetings Act, claiming that being prohibited from meeting as a majority, in private, is a violation of their First Amendment right to free speech. That’s preposterous.  We need more transparency in our government, not less.

A very small number of elected officials in Texas claim the Texas Open Meetings Act impedes their Freedom of Speech. They have it backwards – open meetings enable the freedom of speech. We can say anything we want.  But when we are meeting as a quorum, we have to say it in public. We want public discussion to take place in public. Is that unreasonable? It is the taxpayers that pay the freight. We need to maximize the involvement of taxpayers in the decision-making of our government.

Steve Segal and Bob Fry voted with me in reaffirming West U’s commitment to open government. Mayor Kelly says he is committed to open government. His reason for voting against the resolution was that “there is no good reason at this time for West U to throw itself in any manner into the expensive legal fight (There was no cost for passing the resolution).”  Councilmember Chuck Guffey voted against the resolution because he was against the possibility of criminal penalties for violators.

However, the West University City Council is unanimous in this resolve - Elected officials should not participate in closed meetings to discuss and resolve public issues.

If you want to make your decisions in private, don’t run for public office. I speak for the Mayor and all of my fellow council members when I say, we are honored to serve the City of West University Place, and our commitment to an open and transparent government is unqualified.

James Casey, Houston Texan and former Rice Owl football player:  “I’m going back to school (on Monday) and I’m just a regular college student – I’m not even going to be playing a sport in college like I used to. Plus, I’m really old.  I’m 25, I’m married, and I’ve got a kid on the way, so it’s going to be a little weird walking around campus with all that stuff going on.  But I understand that I need to get it done because I know I can’t play football forever, and I really want to have that Rice degree to fall back on so that I can hopefully get a great job down the road.”

On Monday, January 11, the West University Place City Council will consider a resolution in opposition to overturning the Texas Open Meetings Act. Four Texas cities, Pflugerville, Alpine, Rockport and Big Lake, along with 15 elected officials, filed a lawsuit on December 14 to overturn the Texas Open Meetings Act, claiming it is a violation of their First Amendment right to free speech. I couldn’t disagree more; we need more transparency in government, not less.  Accordingly, I am asking the West University Place City Council to adopt a resolution reflecting the City of West University Place’s support for the Texas Open Meeting Act including the continuation of the possibility of criminal penalties for its most egregious violators. 

Here is the proposed language:

“The City of West University Place hereby makes and enters of record this resolution in support of the Texas Open Meetings Act (“TOMA”).  Specifically, West University Place is resolved to support the retention of the possibility of criminal penalties for the Act’s most egregious violations. We stand foursquare behind the proposition that public officials should not participate in closed meetings not permitted by TOMA.  West University Place further states, by this resolution, that we do not believe that TOMA violates the First Amendment rights of any public official, each of whom is free to take any position on any issue and fully speak his or her mind.  Rather, we believe TOMA is necessary for the citizens of Texas to exercise their First Amendment right to effectively observe and participate in their government.”

The City Council of West University Place will hold a meeting on Monday, January 11, 2010, beginning at 5:00 p.m. in the Municipal Building Council Chambers, 3800 University Boulevard.

The entire agenda is available at: http://www.westu.org/default.asp?menuid=10396&sub1menuid=10413&sub2menuid=11077

Included will be:

Discussion of long term leasing of the 1.0874 acres of city owned property on Westpark, between Wakeforest Street and Dincans Street to a private interest for commercial development.

Adopting new policies relating to the City’s tennis courts.

Adopting a fee schedule for the new recreation center and redeveloped Colonial Park pool and facility. Also there will be a discussion about if our senior citizens will receive a pricing discount.

Discussion of the appointment of an Ad Hoc Committee the help facilitate the redevelopment of the Town Center (A/K/A Downtown West U). More than 40 citizens have applied.

Consideration of a resolution authorizing publication of intention to issue Certificates of Obligation to build a new public safety facility.

Consideration of a resolution supporting the continuation of the Texas Open Meetings Act, including the retention of the possibility of criminal penalties for egregious violations. A group of cities in Texas have sued to get portion of the Open Meetings Act watered down. I have proposed a resolution reflecting the City of West University Place’s support for the law.

Important Dates:

§  January 17:  Chevron Houston Marathon Mayor’s breakfast

§  February 27:  Park Lovers Ball, Rice Hotel Crystal Ballroom

§  March 27:  Arbor Day Eggstravaganza

§  April 12:  Public opening of new Recreation Center (changed from 4/1 due to Easter weekend conflict)

§  May 29:  Public opening of new Colonial Park Facility

Kirby Drive Project, College Ave./Bellaire Blvd. Project & Construction Update:

Link to update posted on Web:       Construction Update

Upcoming Meetings:

§  City Council Meeting                                                       01/11   5:00 p.m.

§  Recycling & Solid Waste Reduction Board                   01/12   6:00 p.m.

§  Senior Board Meeting                                                    01/14   2:00 p.m.

§  Zoning & Planning Commission                                                01/14   6:15 p.m.

§  Zoning Board of Adjustment                                         01/21   6:30 p.m.

§  City Council Meeting                                                       01/25   6:30 p.m.

§  Friends Board Meeting                                                  02/03 11:30 a.m.

§  Parks & Recreation Board                                             02/03   6:30 p.m.

§  Building & Standards Commission                                02/04   6:00 p.m.

To recycle Your tree:Please place your tree, free of any foreign materials or objects, curbside on your regular trash day. These trees will be shredded and turned into mulch. However trees that are flocked or have ornaments…, lights, stands, or any foreign objects will not be accepted for recycling. These trees will be disposed in the landfill and will be collected with your normal household trash on your regularly scheduled trash day.