City Attorney’s Appeals Leave Flatonia Citizens in the Dark

Back in September, the Fayette County Record asked the City of Flatonia to provide information about the suspension and subsequent early retirement of the City Secretary, Melissa Brunner. We are still waiting.

Specifically, we asked for City Manager Sarah Novo’s investigative report to the City Council that detailed the six allegations that resulted in Brunner’s initial suspension. Those accusations were: 1) unauthorized use or mismanagement of public funds or property, 2) neglect of duty, 3) disruptive behavior which impairs the performance of others, 4) mismanagement of position by action or inaction, 5) insubordination and 6) disregarding procedures required of department heads.

After reading the report, the City Council offered Brunner early retirement, which she accepted in exchange for agreeing not to sue the City regarding her employment.

City Attorney Angela Beck appealed our request to the Texas Attorney General Office, arguing the document was an attorney-client work product exempt from disclosure requirements in the Texas Public Information Act. The Attorney General Office sent the Record a letter dated Nov. 19 saying they agreed with Beck and that the information may be withheld from public scrutiny..

In response, the Record submitted a new public information request on Nov. 23, asking for additional documents such as notes, recommendations, reports and any other items prepared by the city manager or city staff regarding Brunner’s suspension and retirement and documents or statements provided by citizens, vendors, contractors or other city employees that were used in preparing the City Manager’s recommendation and final investigative report.

Two hours after we submitted the Nov. 23 request, Novo emailed the Record saying she had collected those documents and submitted them to Beck for review.

We did not hear anything from Beck until Thursday, Dec. 3, when we asked for an update on our request. Beck said she was waiting on another ruling from the AG’s office.

The Flatonia Argus newspaper submitted a request similar information from the City, which Beck also appealed. However, in a letter also dated Nov. 19, the AG ruled that the City must hand over information the Argus requested. Beck told the Record on Thursday that she was seeking clarification from the AG’s office over the apparent conflict between the two opinions.

Beck sent a letter to the AG’s office requesting clarification last Thursday – after we asked her for the status of our Nov. 23 request.

In the meantime, the citizens of Flatonia still do not know what happened regarding Brunner’s departure from the City.