Fort Bend County District Attorney John Healey has asked the Fort Bend County Sheriff’s Office to launch an “inquiry” into possible violations of the Texas Public Information Act and the Texas Open Meetings Act by the Fort Bend Independent School District.
The request was made after Healey met with a group of Fort Bend County residents, led by New Territory resident Nancy Hentschel who says the school district has “stalled” in providing information about the proposed Global Science and Technology Center.
An opponent of the district’s proposed $26.4 million science center, Hentschel said the information she is seeking could have been essential to the public before the FBISD Board of Trustees gave its approval for the project to proceed in a limited fashion.
“A group of citizens came and spoke with me in reference to some concerns that they had,” said Healey. “This office generally doesn’t confirm the existence of any investigation, but I will say at this stage of the proceedings it would be better characterized as an inquiry.”
Healey said he was asked three years ago to look into possible Open Meetings Act violations by the district, and said there was “substantial evidence” that violations occurred. Healey said at that time he contacted an attorney with the district, informed him of the violations, and was assured that the district would conduct training sessions regarding the Open Meetings Act.
Healey said this is the first he has heard of suspected violations by the district since that incident.
The FBISD communications office has referred questions to the Legal Services Department, and no one from that department has contacted FortBendNow.com.
Events leading up to the current showdown between Hentschel and the district began this spring, when she made a formal request under the Texas Public Information Act for a variety of information related to the science center. Among records she requested were:
All documents under review by a committee the district set up to study the proposal’s feasibility;
All comments made about the project publicly on an FBISD website;
A list of “current committed companies and the amounts they have already donated to this project;”
All communication between members of the feasibility committee, PBK architects, FBISD Superintendent Timothy Jenney, and former Sugar Land mayor and developer David Wallace, who headed the feasibility committee;
Any available financial disclosure statements since 2007 for Jenney.
After a records-release deadline expired under TPIA regulations, Hentschel said in a May 19 complaint to the Attorney General’s Office, FBISD outside counsel David Feldman provided her with a “PowerPoint sales pitch” that “had nothing to do with any request that I had made…”
Sometime later, Hentschel said, the school district complied with a portion of her TPIA request and provided the public comments about the science center proposal, made on the FBISD website.
Nothing else was provided, according to Henschel.
Meanwhile, Feldman wrote the attorney general’s office on the district’s behalf, seeking to withhold certain e-mail addresses from disclosure to Hentschel under a provision of the TPIA.
In a July 20 letter to Feldman, Assistant Attorney General Bob Davis agreed that “the district must withhold” the email addresses in question “except to the extent that any such address is the address of a person or agent of a person who has or is seeking a contractual relationship with the district.”
And, Davis added, “The remaining information must be released.”
District representatives in August said the information was released after the ruling.
“The AG ruled that the district could not withhold this information and the district has complied with the AG’s ruling,” said FBISD Chief Communications Officer Mary Ann Simpson. “Mr. Feldman has provided the information to Ms. Henschel… The district has provided her with all existing information we had that she requested.”
Hentschel said it isn’t true.
“They have not contacted me. They have not breathed,” she said in August. “Not a word, not a breath, not a phone call, not an email. Nothing.”
“Anyone who wants to complain about any activity that they think is improper they are welcome to come talk to me, my door is open to every citizen,” said Healey. “Sometimes it pans out they have a viable claim to be investigated and sometimes it doesn’t. What I do is I hear them out and I give them direction.”
b_tabor, the answer to your question on 46 is… you prove it with the tax rate and total revenues of the taxing district. At what point does that property tax sting? For you and I we notice it because we end up saving and investing less. But, for some families they don’t know it until the foreclosure or bankruptcy.
Factually Speaking, you are correct. In addition, we have a real problem with voter participation. Informed voters are very powerful, they can hold an incumbent accountable regardless of the bozo in office. The problem I see is a disconnect between reality and voter conscienceness. They keep voting in the names and not the results.
conservative1,
Regarding your #45 comment. I agree. However, because either the voting process is in jeopardy or we have a shortage to none of individuals willing to run simply for the sake of doing the job well and making good decisions.
.
We’re doing the best we can SLW.
b_tabor If you like what I posted get involve.I know I am!!
I like the comments on that article SLW. They seem to know what is going on with that lobby clique.
Cons1, that is true, but how can you prove the current bunch aren’t doing there job and may be violating the law as well as their oaths of office if the administration simply decides to further flaunt the rules even after the chief prosecutor of the state has ordered them to? I don’t know what’s worse, a corrupt politician or a stupid one. I can’t forgive either to be quite honest with you.
Let’s hope the public wakes up soon.
Factually Speaking, voting is the only weapon you have. All the open records in the world won’t help if you can’t get a few people to make good decisions regardless of the polical suicide it causes.
Read this http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-openmeetings_16tex.ART.State.Edition1.4c007b2.html
Whether or not it is laziness or vendor feeding is irrelevant. The outcome is wasting of our tax dollars. What the board seems to have forgotten over recent years is that they are the ones responsible to the public for over-sight of the superintendent and not the inverse. It seems after they attend those TASB boot camps or get the nod from the superintendent to run, the rest is all show and do what you’re told.
I seem to remember in the past always having 1 or 2 BOT members that would ask important questions and try to open up the process, but not this crowd. It seems like it is all about the show.
The first trick to learn about many lawyers is that they learn very quickly that it isn’t about the case but about the billing. That includes the ones billing the district to keep documents out of the hands of the public that indirectly pay their fees.
Good point conservative1,
However, I uncertain as to whether new elections are renewed opportunities to rectify what’s wrong—in fact, it seems with each new election not only does everything remain the same—but, it gets worse.
Oh, well, now—-it is particularly hard to call due to the fact that it is difficult to figure out lawyers to tell the difference between them; even, the ones, you “think” you trust.
I learned the hard way. Whenever, I have to tackle a legal issue, I represent myself, Pro Se. Even, If I lose, I’d rather lose on my own with having kept my money in my pocket rather than losing with paid help and left broke because legal fees are so costly. And, to boot, you are further left with nagging misgivings strong enough to wonder, was your case really a loss or was it thrown at your expense and someone else’s gain.
So..I am gathering that FBISD has become a closed door organization. You have to understand people. You are not in charge, they are. The “they” are the elected board members and their administrators. I know first hand that sometimes its just about the power. You may think its vendor feeding but it could just very well be laziness and the need to “get something accomplished” whether it is good or bad. When is the next election for these einsteins?
I don’t think any democrats have filed, but Richard Raymond, Nina Schaffer and John Healey are all filed for the position. Healey is, of course, the incumbent.
Who all has filed to run for the DAs seat?
Go Raymond!
FBC: It would be nicer to know John Healey as a man who didn’t interrupt one for interogating questions to him. Personally, it does not bode well– in that respect the very day of my support in the Gus Academy Ribbon Cutting Ceremony hosted by Judge Bob Hebert. It is most intriguing your thoughts in your #2 post; however my support is genuinely always “fairly” there for others responsibilities to listen (of course fairly to appreciate in return my support as well).. Should John’s “open door policy” in actuality be to interrupt one’s very first initial question as in the very, first initial words spoken in fact after one’s cordialities of “Hello” than no thank you for that type of “open door policy.” Why be so rude?
Very true factually. I remember a few years ago when the supt. moved the zoning committees from open to closed (took community reps off the committee) and then they changed the rules of engagement at the board meetings to be able to shut down groups protesting. It takes an act of congress now just to speak before the lordships.
I’m saddened to say that the common, everyday citizen is out of luck. We lost our footing by believing, naively that our world was what it use to be——–you know the stuff about the United States of America’s Constitution and inalienable rights of American Citizens, so forth and so on, etc, etc. This has been in the making for awhile now; it’s just that more people have become aware and enlighten about it.
Patriot, I thought quite a few individuals did request these. At least that is what the papers report.
I think this $30 million dollar duplicate project and waste of taxpayer money is an stellar example of why we need stronger teeth in the transparency laws governing our politicians. If the district and leadership can boldly flaunt non-compliance like this then any vendor controlled government entity can do the same.
The facts-
The district under Jenney has run two consecutive record budget deficits. First, a near $10 million dollar train wreck last year and a projected $20 million one for this year. They also approved over $15 million in no-bid vendor contracts and raised our taxes for the 3rd straight year after lunging us forward into the top 10 bond debtor school districts out of 1030+ other districts in the state. On top of this the board voted to increase the superintendents salary by more than 60k over the last supts and without the district improving from its previous academic ranking of only “acceptable” (even when the state gave a grade inflation gift of the Texas “Projection” Measure–TPM– this year).
Yes pay should be tied to performance.
It is time for the elected board to remember from whence they came and begin to answer to the voters/taxpayers and not just pretend too. This project is a spending program that does not save the academies that were cut this year or save the campus level band programs that also were cut. It continues an untenable pathway and is the perfect example of why we need MORE transparency. Ask yourself just where is the over a billion in district debt gone? Where is the $100 million in “contingency” funds exposed last year by Mr. Cain and Mr. Albright? Fund the programs that improve student performance, but cut vendor feeding programs like the GSTC.
See the links above to the on-going investigations surrounding this project and those involved. There are also spring elections coming this May, so consider electing members that represent the real interest of the public and aren’t selected by the vendors, but from you and I.
http://www.woai.com/content/troubleshooters/story/Report-Judson-I-S-D-Breaks-State-Law/eV6z7npV8UGijnYr6KXA-A.cspx
It amazes me that everyone in Fort Bend is not demanding that FBISD release these documents. Their survey alone demonstrated conclusively that the board and “feasibility study” are run by bold faced fabricators of reality.
I wouldn’t know but our supt is making more than the current governor of the state and so is the KISD supt.
I wonder how much more the HISD superintendent makes?
But some like paying ever rising taxes to cover multi-year double digit budget growth while abatements are given as special favors for the well connected. Keep paying homeowners!
I know it’s about 2/3rds of my entire tax bill.
Remember, its the biggest tax you have as a homeowner and “its all about the children”. I would caution anyone to approve projects from a district that can’t get the paycheck software to work and has an abundance of portable buildings instead of permanent structures and…decides to take on a project like the science center, but that is just me, ol political conservative saying no to everything.
What’s funny cons1 is that they won’t even release the information to the public to confirm that the required targets for moving forward on this buildings construction were even met. Remember it was the board (a public body) that demanded these conditions be met before ground breaking, but they won’t release this information so that it can be confirmed.
Just more deception by a government body that we pay taxes to support. How do you feel about that?
So…does Hentchel have a point? Or is she just mad that the district got bored building schools and teaching kids that they had to build something else. I don’t have a problem with Wallace building something and getting 50% of the funding for it, more power to him but all I know is my school tax bill is the largest and keeps going up, it has to stop. Where do you draw the line? Is the museum an integral part of education in FBISD or should they concentrate on removing portable buildings and paying teachers on time?
I agree patriot. I think the pattern we are seeing with regard to many local media outlets is a deliberate attempt to silence community involvement that exposes the “laundry”. For example in this FBN link you will find multiple attempts to misinform the public by the school district over the last couple of years. I think this is consistent with the investigation being announced in this article:
http://www.fortbendnow.com/?s=FBISD%2C+police%2C+Sugar+Land
I would also like to add that TPIA/TOMA laws being challenged by elected officials as they are in another local taxing entity smacks of hypocrisy and anti-Americanism. Keep shining the light into these backrooms and dark closests. Often it causes the emergence of some pretty interesting special interest.
The free press is vital for a democracy to survive. When special interests are allowed to shut down unflattering information, then fascism rules.
We are in a critical economic period, and taxpayers must have the information on this thread and others. Thank you FBN for allowing this patriot’s missive to have a voice on your website.
I think good advice is to post on topic and specifically on the news item. Anything else is just a side show.
apparently someone at FBN didn’t like me questioning the multi-pseudo poster and FBN’s relationship, deleting my last post.
Thank you for posting that link to the WOAI investigation. It’s an excellent report.
The Judson school board met this morning in an emergency meeting because they found out News 4 WOAI Trouble Shooter Brian Collister got a hold of that report which proves the district has violated state laws.
Investigative reports like these should all be archived in one location so they are easier to find, so we can all stay informed.
Notice the link I posted. It shows FBN using a blogger’s web site as a source, who is posting here under two different pseudos on this thread. To some making an allegation is all that’s important.
When FBN does this one has to wonder what is the agenda? Reporting the news or spinning it.
That is a very interesting piece MCTY. I remember reading earlier in the year that superintendent Jenney was very supportive of the company involved in that FBI investigation and assured the public that they were a “reputable” firm. This is the same firm involved in many of our building projects here in FBISD and it is the same company that flew JISD board members to a golfing junket in Calif courtesy of them.
I wonder why superintendent Jenney never turned over his financial disclosures when they were ordered released by the Attorney Generals office? 10 months would seem like more than enough time, especially when state law limits such with-holding to 10 business days only. I wonder how much a fine would be if it was imposed for each day they delay it? I guess turning over records to the taxpayers and public that pay for them is just too much to ask.
Oh well. Let’s hope appropriate action will be taken on all this. Thank you Ms McGarr for posting that all important link:
http://www.woai.com/content/troubleshooters/story/Report-Judson-I-S-D-Breaks-State-Law/eV6z7npV8UGijnYr6KXA-A.cspx
‘Those problems include Judson I.S.D. misleading voters in 2006 by claiming work on the football stadium was just renovation work when it was really a complete rebuild.’
This is a great line from that WOAI report.
Thank you Mary McGarr.
Taxpayers, teachers and public citizens cannot take needed action in support of FBISD sustainability and accountability without having access to records in a timely fashion.
Hmmm…Perhaps that is what the “holdup” is?
Thank you Ms. McGarr, as a former elected member of the school board you would have the access to such information. I appreciate you sharing it here.
“A federal judge ruled against such withholdings a couple of years ago and said all governmental bodies have to maintain their electronic communications and that they are subject to the open records laws.”
Only if voters/taxpayers demand accountability, will we then begin to see it. If Healey can’t do the job then there are two challengers running who can. Let’s cross our fingers and hope the system can work for once.
It never changes. Always defend the cronies (vendor defending is a way of life for some).
Look who is back defending law violations. I wonder if this means he thinks it is ok to violate the order by the Attorney General of the state of Texas?
It is important for District Attorney Healey to stay on this matter and see it through. He should not just pass the buck, and so far that’s not what he appears to be doing.
Making an example of whoever is responsible for withholding the emails of administrators would go a long way toward stopping the arrogance of public school districts concerning open records.
Whatever happens with this matter in Ft. Bend will affect all school districts, including mine–Katy ISD which is notorious for withholding emails of administrators.
A federal judge ruled against such withholdings a couple of years ago and said all governmental bodies have to maintain their electronic communications and that they are subject to the open records laws.
Funny how no one seems to remember that.
Go look at what is going on in the Judson ISD in San Antonio if you wish to see what school boards and superintendent do behind closed doors: http://www.woai.com/content/troubleshooters/story/Report-Judson-I-S-D-Breaks-State-Law/eV6z7npV8UGijnYr6KXA-A.cspx
This sounds pretty serious. What sanctions are possible when our officials engage in such acts?
all you need to know
http://www.fortbendnow.com/2009/01/15/34837
sounds like the “guilty till proven innocent” crowd is all here.
Maybe if you all just asked for the documents real nice like they would give them to you.
= – )
Excellent observation patriot!
This should prove to be interesting over the coming months.
‘Fort Bend County District Attorney John Healey has asked the Fort Bend County Sheriff’s Office to launch an “inquiry” into possible violations of the Texas Public Information Act and the Texas Open Meetings Act by the Fort Bend Independent School District.’
Let’s wait and see what develops.
Sounds like Jenney and the school district should have come clean months ago.
Sounds like DA Healey has an open mind as well as an open door.
Healey’s words at the end of this story are interesting. Some of the “goodoleboy” network that allows vendors to run rough shod over taxpayers are past contributors to Healy’s campaign. This may put Healey in a bind, but he is either a law abiding DA or we need another one ASAP. Lets see if Healy investigates the white-collar criminals or “refocuses” the issue on the taxpayers who reported the abuse…