Athens Review, Athens, Texas

Local News

Related Photos

Discussion

August 14, 2008

Auditor getting second opinion

County attorney’s records requests lead to stalemate

By Rich Flowers News Editor

The Henderson County Auditor’s Office would like County Attorney James Owen to be more specific.

The Auditor’s Office has responded to each of the six open records requests filed by Owen last month, asking him to narrow most of his requests and be more specific about the documents sought.

Owen said he made the open records requests as a private citizen and not in his capacity as the county attorney. The requests were made under the heading of James and Laura Owen with the inclusion of his home address.

Documents sought by Owen include:

• each written request for information received by the Auditor’s Office between Jan. 1, 2007, and July 29, 2008, from the County Attorney’s Office, the County Judge, the County Treasurer, the Henderson County Sheriff’s Department and any employee of those offices;

• a copy of any information provided in response to those requests;

• a copy of any information provided to any person other than an employee of the Auditor’s Office related to the County Attorney’s Office, the County Judge’s Office, the Treasurer’s Office and the Sheriff’s Office whether pursuant to a written or oral request for information;

• a copy of any document related to the evaluation of the operation of the County Treasurer’s Office;

• any documents provided to or evidencing information provided to David Monk or any member of the Henderson County Hospital Authority Board; and

• any documents evidencing the collection of any fees related to the cost of responding to any request for the information identified in the aforementioned requests.

County Auditor Ann Marie Lee appeared before Commissioners Court August 5 to discuss an agenda item concerning whether he could consult outside legal counsel concerning Owen’s requests. In most cases, questions regarding open records requests in Henderson County are forwarded to Owen. In this case, Owen is the party making requests.

Attempts to reach Owen Wednesday were unsuccessful.

“I’m don’t know how familiar you are with the workings of the Open Records Act, but it’s quite involved,” Lee told the commissioners. “If you’re not in compliance with the act you could be subjected to criminal and civil penalties.”

Lee said she spoke to a representative of Texas Attorney General Greg Abbott’s Office and was advised to hire an attorney to help with fulfilling the requests.

When the item came to a vote, two commissioners — Jerry West and Ronny Lawrence — were in favor and two — Joe Hall and Holstein — abstained. After the meeting, Holstein contacted the Texas Association of Counties to determine whether the vote had passed due to only two commissioners voting.

TAC officials found an Attorney General’s opinion that states if an entity is operating under Roberts Rules of Order, the vote was 2-0 with the abstentions not taken into account. Officials began to dig back into county records to determine if commissioners had ever adopted Roberts Rules. At last report, that search continues.

The commissioners’ vote became less important when it was learned that Lee had received a district court order giving her permission to consult with outside legal counsel. Lee’s office is supervised by the county’s three district court judges.

The scenario is similar to the one Lee faced shortly after she took office in June 2006. Inundated with open records requests, Lee received consent from the judges of the 3rd, 173rd and 392nd district courts to hire outside legal help to determine how to respond to certain requests with broad parameters.

On November 1, Owen wrote the Attorney General’s Office to ask whether district court judges can authorize a county auditor to hire legal counsel to perform the duties of the county attorney or county commissioners. Owen also asked if the judges could appropriate county funds outside the normal budget to pay for the services.

Abbott’s response read in part, “The County Attorney of Henderson County has no exclusive duty to represent Henderson County in all civil legal matters. Thus, the County Auditor’s retention of outside legal counsel did not improperly impinge on an exclusive duty of the County Attorney.”

Text Only
Local News
  • Mia Orosco wins.jpg 19-year-old wins in competition against best fiddlers

    Mia Orosco wasn’t born with a fiddle in her hand playing a breakdown, but to the crowd at the Athens Old Fiddler’s Reunion it seemed as easy for her as drawing a breath.
    Orosco turned 19 on Wednesday, taking her out of the youth division to compete against the best. She’s only been using her violin in the fiddlin’ style for about five years.

    May 25, 2012 1 Photo

  • Parking lot altercation leads to arrest

    Athens police, acting on a 911 call, drove up on a an altercation at 505 S. Palestine St. at the Save-a-Dollar parking lot just after 7:30 p.m. Thursday.

    May 25, 2012

  • One arrested, two released after cocaine discovery

    It probably wasn't the best place to hang out — the Henderson County Judicial Center parking lot on West Corsicana Street — not with a quanity of cocaine inside the console of the car.

    May 25, 2012

  • Primary voting Tuesday

    Ready, set, vote.
    The polls open Tuesday at 7 a.m. in the Democratic and Republican Primaries. Henderson County candidates run the gamut from first-timers to long-time incumbents.
    Some county voters will be traveling to new polling places for this round of balloting, after the much-debated redistricting process.

    May 25, 2012

  • Henderson County communities participate in Click It or Ticket

    It's not a good weekend to get out on the state highways without buckling up.
    In fact, that's probably true every weekend.
    But the 11th annual Click It or Ticket Seat Belt Mobilization Campaign is under way, now through June 3, 2012.

    May 25, 2012

  • martha & mary pic.jpg ‘Martha and Mary’

    The Henderson County Performing Arts Center, in conjunction with Elite Barrel Racing, announces the World Premiere of local Playwright R.G. Haynie’s newest play, “Martha and Mary,” on May 31  at 7:30 p.m., with additional shows on June 2, June 7, June 8 and June 9  at 7:30 p.m., with matinees at 2 p.m. on Sunday, June 3 and Sunday, June 10  at the theatre complex, located at 400 Gibson Road in Athens.

    May 25, 2012 1 Photo

  • DSC_0043.JPG Slide Show- Old Fiddlers Reunion The Fiddlers Reunion is in full swing around the Athens Courthouse. Final winners and street dance Friday night. Photos by Kathi Nailling

    May 25, 2012

  • Fiddler's1.JPG Fiddlers firing up

    You can get on out of that bed now, and get yourselves down to the courthouse square.
    The fiddlers are firing up, and they'll be going until the clock strikes 12 with the street dance, as the 81st Annual Old Fiddlers Reunion gets into high gear.

    May 24, 2012 2 Photos

  • Rachaelle Browning.jpg Valedictorian & Salutatorian

    The Athens High School Valedictorian of 2012 is Rachaelle Browning. She is the daughter of Wes and Jan Browning. Rachaelle will be attending the University of Texas at Austin in the fall of 2012 and plans to major in Aerospace Engineering.
    Rachaelle has participated in various extracurricular activities throughout high school in preparation for a career in engineering.

    May 24, 2012 2 Photos

  • At the start.JPG 3rd annual Hornet Fun Run continues through today

    Fourth graders participated Thursday in the 3rd Annual Hornet Fun Run at the Cain Center.  Above is the beginning, when the children would run one mile.  At left, Isaac Garcia is shown taking overall first place.  Second place honors for boys went to Armondo Garcia, and Third place Case Friedrich.  Girls first place was Taylor Stiles, second place Veronica Campa and third place honors went to Semia Brazier. See those that placed, both boys and girls, on Page 14. The fifth grade will run today.

    May 24, 2012 4 Photos