City attorney says no to Kyle’s Friday letter | The Hays Free Press

City attorney says no to Kyle’s Friday letter

Posted by on Jan 23rd, 2013 and filed under For Front Page Use, Kyle, Top Stories.


by ANDY SEVILLA

Kyle has dimmed the light on government transparency with the end of the city manager’s informative Friday letter.

Every Friday afternoon, council members could expect to receive a letter from City Manager Lanny Lambert, a practice he has executed throughout his career, detailing his schedule for a two-week period, what new businesses came into town, what permits were granted and the city’s sales tax collections, among a plethora of issues of concern to Kyle.

That practice was ended as the New Year rang in.

“Our new city attorney has advised me that a potential exists for the disclosure of confidential information regarding personnel, advice from the city attorneys, advice for the city’s lawsuits, that in my effort to communicate with the council could be inadvertently released to the public, through the news media, through the letter,” Lambert said. “He advises that I no longer communicate with the council in that way, and I’ve accepted his advice. He’s the expert on the Open Meetings Law.”

The Hays Free Press, too, has been a recipient of Lambert’s weekly letter since August 24, 2012 and that resource faded after the Jan. 4, 2013 communication.

But, not only is the information being kept from the media, council members, too, are confounded by the resource’s end.

“I personally liked the Friday letter and personally thanked (Lambert) for doing it, because it gave us all a summation of what’s happening in Kyle,” said Council Member David Wilson, cautioning that he, too, understood potential legal ramifications.

Council Member Samantha Bellows-LeMense said she was not aware of any information being released in the city manager’s Friday letter that would not have been otherwise presented to the public.

“We’re still getting the information, which is a plus, it’s just more spread out,” LeMense said. “It’s a little inconvenient, but in all honestly, as long as I get the information then that’s all that really matters to me – whether it be in a Friday letter or whether it be in individual letters.”

Wilson said council has not discussed the future of the Friday letter, but for now, evidently, it has been put on hold. He said “it just happened,” one day he just did not receive the awaited communication “that kept (him) up to date” on matters of interest.

As he understands it, Wilson said council will in the future discuss the dissemination of information, maintaining in the forefront that there are legal quandaries that must be addressed.

City Attorney Julian Grant, who once headed the Local Government Affairs Section of the Attorney General’s Office, was tight-lipped about recommending the Friday letter’s end, but said “internal communications will remain (at City Hall).”

Grant said personnel matters, attorney-client privilege and other sensitive material must be protected in the city’s interest.

Wilson said Lambert’s letter kept him organized, and in late 2012, council members directed Lambert to keep them abreast of issues in Kyle through the Friday letter. Council Member Diane Hervol particularly took issue with feeling uninformed on certain matters and having details falling through the cracks.

Lambert said that throughout his career he’s presented councils in various cities with his Friday letter in an effort to keep council members cognizant on the multitude of city affairs.

“The city manager that I worked for in 1979, communicated with his council in that way, so I have used that as advice in most of my cities,” Lambert said. “However, the laws have substantially changed since 1979, and I probably have not kept abreast.”

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  • Scott K. Parks

    The city council, not the city attorney, run the city. If they truly want the manager to keep writing his Friday letter and sending it to them, then a council majority should tell Julian to talk a long walk on a short pier. He’s nothing but a hired hand.

  • lila Knight

    Sounds like our new city attorney is just not used to working for municipal governments – having just come from the Attorney General’s Office. The “city’s interest” ARE the citizens’ interests. I understand a “potential” might exist for releasing sensitive information. But come on – what’s next? Holding all of the Council meetings behind closed doors? LOL This is erring on the side of censorship and a total lack of transparency on the part of our new city attorney. I hope our City Council takes the appropriate action.

  • Aly M

    Our new city attorney needs to learn that his new bosses work for the citizens of Kyle. Lila, you hit it right on the head, the city attorney needs to get out of the AG’s Office frame of thought, and understand that in municipal government, there are nosy reporters and concerned citizens wanting/needing all the facts and knowledge surrounding city affairs.
    Ultimately it’s the city council’s decision and I too hope they’ll take appropriate action.
    I have actually seen a copy of the friday letter, and there’s nothing confidential in it, at least not that I was able to find. Sure the potential exists for something like personnel matters and attorney-client priviledge to get out, but all that needs to happen is have the city attorney review the friday letter before it’s sent out. If there’s anything confidential info in it, then remove it and send it to the appropriate parties seperately, but let the citizens know what that confidential info is, not the content, but the subject matter

  • http://www.facebook.com/john.atkins.1257 John Atkins

    This is the problem the city employs the attorney to keep them out of trouble and in compliance with the law no point in having him if you are not going to value his advice . do you pay for advice on how to build a home and them just wing it anyway ?
    i think the poster ALY M got it right either let the attorney write the letter or approve of its contents before it is released

    we as citizens are entitled to learn of all the facts concerning the city and its progress . reporters might be NOSY and have other interests in *knowing* the city business im a concerned citizen and its my RIGHT

  • Aly M

    Thanks John Atkins. I agree that we, as concerned citizens, have a RIGHT to know all of what’s happening at City Hall. And I’m a thankful of the Hays Free Press’ nosy reporters for informing us of the anti-transparency initiatives the city has began undertaking. I am in awe that our city council has stood idly by and just accepted the City Attorney coming in and changing the way the public and the council members themselves have been provided information.
    I mean, councilman David Wilson said that one day he just didn’t receive the Friday letter. Why not consult with all the council members in an open meeting as to how to go about addressing any concerns of confidential information getting out.
    This is all sketchy.

  • http://www.facebook.com/john.atkins.1257 John Atkins

    ALY M i dont know if they will just let it happen it only happen this week

    as i said there is a need and laws to prohibit some info getting into the hands of the public *law suits /lawyer privilege and such like *

    i dont see that as being a problem , we can find out the result of the law suit when it is finalized or when the problem of confidential information is no longer a course for concern ..

    but there is lots of business the city carries out that have no need for secrecy /or are governed by a law that requires it

    All that info /business can be written in the* letter * no need to reject the whole letter idea . A little *OVER LAWYERING *for such a simple problem easy addressed .

  • Lila Knight

    There has been no Friday Letter since Jan. 4th! That’s much longer than just this week. Sounds like it’s one of the first things this new city attorney did – since he started at the first of this year. Wonder what he will do next ?? Maybe he will take it upon himself to set the next Council agenda – or write the budget.

  • Chris S

    Bull noodles! We have a hard enough time demanding transparency from the knuckle heads in Washington who have made special interest an art form. We CAN demand open government from our municipalities and if they don’t like it we WILL appoint, hire and vote into office someone who understands.

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