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Balcones Heights council accepts investigators report, waives limited privilege for redacted public release
Summary
The council adopted Resolution 18R accepting a third-party personnel investigation and later approved Resolution 19R authorizing a redacted public version of the report. Both votes passed 3— 2 after heated debate about investigator selection and attorney-client privilege.
The Balcones Heights City Council voted June 22 to accept a third-party personnel investigation report and to authorize a redacted public release of that report.
Councilman Jimmy Hernandez moved to adopt Resolution 18R accepting the investigator's findings and to authorize corrective action if necessary; the motion passed 3— 2 after council members debated how the investigator was selected. City Administrator Mr. Adanis said the March 9 council resolution authorized the administrator to hire an investigator and staff had used recommendations from the Texas Municipal League to identify candidates.
Hernandez then moved to approve Resolution 19R to waive the attorney-client privilege for a redacted version of the report and to direct the city attorney to prepare a redacted executive summary for public release. Council approved that motion, also 3— 2.
Mayor Johnny Rodriguez, who was the subject of the personnel inquiry, told the council he was invoking his rights under Texas Government Code sections 551.071 and 551.074 and asked that portions be heard in open session. "I invoke my right under 551.074," he said on the record while arguing the investigation was conducted by an investigator rather than in an attorney capacity.
Council members disputed the amount of verifiable evidence in the report. Miss Weaver called parts of the findings "assumptions" and said she could not accept them as proven fact. Councilman Burton argued multiple witnesses were interviewed and said some evidence went beyond hearsay.
The redaction and public release process will be handled by the city attorney; the council directed staff to make reasonable efforts to provide a redacted version for public requests, and members suggested posting it online if feasible.
Next steps: staff will work with the city attorney to prepare a redacted version of the report and an executive summary for public release and for responses to any public records requests.
