Email response to PolitiFact Texas, Marc Winkelman, Austin businessman, representative of Progress for Austin PAC, Dec. 4, 2014
1:43 p.m.
City leaders signing deals to avoid charges in open meetings saga
Austin American-Statesman Headline, 10/17/12
“Austin City Council members will likely avoid criminal prosecution in an open meetings investigation by agreeing to multiple conditions of future behavior. Mayor Lee Leffingwell and a lawyer representing Council Member Mike Martinez confirmed to the American-Statesman on Wednesday that they had entered into a “compliance agreement” with prosecutors in the Travis County Attorney’s Office. The deal, which has been offered to other council members as well, caps a two-year inquiry and an embarrassing saga at City Hall.”
“The inquiry has been costly for taxpayers. As of June, the City of Austin had spent $344,000 hiring three private Austin law firms to advise city officials and the City Council on the investigation and on open meetings issues. An updated figure wasn’t available Wednesday. Escamilla hasn’t said how much time and money his office has spent on the case.”
Travis County attorney says he found open meetings violations but will not prosecute Austin City Council members Austin American-Statesman Headline, 10/24/12
“We found that (they) regularly deliberated outside of the public’s purview by use of almost every modern communication medium that exists,” he said. “We found probable cause to believe that multiple violations of the Texas Open Meetings Act had occurred.”
“Seven current and former council members have signed “compliance agreements” with Escamilla in which they deny they broke any laws and agree to take courses in open government laws and to keep following such laws. In exchange, they will not face fines or charges. If they fail to comply with those terms over the next two years, Escamilla said he could file criminal charges for new violations and any that were part of the original investigation. Open meetings violations can carry fines of up to $500 and as many as six months in jail.”
Taxpayers Paid $24,657.50 In Legal Fees To Defend Martinez In Open Meetings Investigation. City of Austin Vendor Invoice No. #6503
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