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Openness Survey

09:48 AM CDT on Thursday, April 3, 2008

Below are the responses by individual candidates, organized alphabetically by governmental body, to the following open-ended questions on the survey:


  1. • What is your philosophy of government openness? How important is it to democracy in local government?

  2. • Do you think the attorney-client privilege which permits executive session, or “closed-door meetings,” is interpreted too broadly among governmental bodies in Denton County? Why or why not?

  3. • Open records limits: Open records require staff time and resources in order to be of public value. How much is too much to spend on open government?

Note: The survey was conducted online and the responses are included as they were entered by the candidate.

 

Name: Dona Schroetke

City: Argyle

Office Sought: Town Council Place 3

Government philosophy: I believe in total transparency, so long as it does not infringe on individuals constitutional rights or jeopardize local, state or national security.  I believe openness promotes truth and quells rumors that can create divisiveness in a community.

Closed door meeting thoughts: I believe the Texas Open Meetings Act should be adhered to as closely as possible.  In some instances items on the agenda for executive session can be placed in open session.

Open records limits: The FOIA has guidelines establishing the amount of time staff can be required to spend complying with a open records request and I think they are reasonable.

 

Name: Joey Hasty

City: Argyle

Office Sought: Town Council Place One

Government philosophy: I believe that if one is privileged to serve their community in an elected position then their dealings with regard to that office should be available to the public. I think a government official should conduct themselves as a statesman in public and private.

Closed door meeting thoughts: Overall, I feel that executive session is a necessary part of the process and we as elected officials should follow the laws set by the State of Texas.

Open records limits: Each case is different and dynamic. We should conduct government business and use staff time and resources responsibly.

Name: David McSwain

City: Argyle

Office Sought: Argyle Town Council Place 5

Government philosophy: Openness is a prerequisite to any governmental body that truly aspires to be "...of the people, by the people, and for the people". Historically, our national and state governments have had an advantage in terms of access to resources and technology to allow voters to express their ideas and opinions to decision makers; however, the internet has allowed local governments to develop new, cost-effective ways to interact with their citizens.  Surveys, town newsletters, electronic forums, and streaming video of board/council meetings on the internet all serve to keep the lines of communication open between citizens and the decision makers they have chosen to represent them.  And local governments have always had the advantage of face-to-face contact.  Even so, effective communications require effort and commitment even on the local level.  Too often  citizens expect their local governments to handle the full burden, when in reality it is a shared responsibility.  The most effective local governents seem to share two common traits--the elected representatives view their service as a sacred trust, with their personal opinions subordinate to the will of the people, and the citizens recognize that they are not silent partners in the decisions that are made on their behalf.  In the end, in a democracy, the citizens get the leadership that they deserve, for better or for worse.

Closed door meeting thoughts: I have attended numerous Argyle ISD Board meetings and Argyle Town Council meetings, and I have generally been satisfied with the balance that both of these governmental bodies have demonstrated on the use of executive session.  It's always going to be a judgment call when balancing an individual's right to privacy and the public's right to know what is happening on a given issue, but in Argyle I think good judgment usually prevails.

Open records limits: Government resources are provided by the people and those people providing the resources deserve to have a strong voice in how those resources are allocated.  Dollar amounts or percentages will vary from place to place depending on just how much participation in their government the citizens choose for themselves.  But even in locations where citizens choose to be active partners in their own governance, the amount of staff time and resources spent on open government is still quite small, and always worth it.

  

Name: Denise Sizelove

City: Argyle ISD

Office Sought: School Board Trustee

Government philosophy: The question is really about accountability. The public must have confidence in the checks and balances in place to guard against any abuse of power.  Government openess should be available to the full extent it can be provided without compromising the individual citizen's right to privacy.

Closed door meeting thoughts: In any situation where there is not an avenue to hold the governmental bodies accountable I do believe the interpretation is too broad.  That would be true for their protection as well as the public.

Open records limits: Open records are made available upon request.  At the request the one asking should be the one to compensate the governmental body for the time and resources.  However in the instance of closed meetings there should be some manner of record keeping that protects the public and the public servant from any question of impropriety.

 

Name: John Schinske

City: Argyle ISD

Office Sought: School Board

Government philosophy: School board members are elected representatives of their community and as such try to represent the community while being accountable to them. Open government is a fundamental tenet of our society and I work to balance the needs public disclosure with those of individuals that have equally important rights to privacy. I and the Argyle ISD work diligently to ensure that we are in compliance with the Texas Open Meetings Act and the Public Information Act. ... I am a supporter of transparency in government to assure the public maintains confidence in our governmental system.

Closed door meeting thoughts: Confidentiality of certain information including employee and student information and information protected under the attorney-client privilege is the purpose of closed sessions. Closed session can only be waived with the express request of an employee and/or student to discuss a particular matter or grievance in open session, the Board and I are bound by law to discuss such items in closed session. The discussions in closed sessions ensure that we minimize our liability and protect the District's resources. The board  makes every effort to assure compliance with the provisions of the OMA. As fiduciaries of the District we recognize our responsibility to seek legal advice and make decisions we believe are in the District's best interests. All final action regarding a matter is conducted in open session.

Open records limits: In terms of requests for information, the public has a right to records that are not otherwise confidential by law.  The Public Information Act ("PIA") provides third parties an avenue by which they can request records.  Compliance with these requests requires the District to expend resources - both personnel and financial.  The District is permitted to charge for a portion of the costs incurred in complying with a request for public information.  These charges to do not cover the actual expenses in responding but they do help defray the cost. ... It is critical that the Board also protect the privacy of those individuals whose interests are deemed confidential by law.

 

Name: Kent Bateman

City: Argyle ISD

Office Sought: School Board Trustee

Government philosophy: The reality is that we live in a country that is based on a democracy  and elected officials are put in office by a public vote.  Those elected, have an obligation to keep the public informed within the realities of the law (exceptions like personnel issues, legal preceeings etc).   Open commincations is key to success in government, business and personal relationships.  Unfortunately, without proper communications and openess, perceptions prevail, perceptions are not always based on facts or reality and communities get divided.  The AISD school board has a real opportunity to improve in this area.

Closed door meeting thoughts: I cannot speak for Denton County, only Argyle.  I feel like there is an opportunity to minimize the amount of “executive sessions” for the AISD school board.  This is based on the realities of perception in Argyle and the unfortunate consequences when the balance of executive session and open session/communication becomes skewed.  That consequence is a divided community with rumors and opinions creating bad perceptions.  I will have to further educate myself on the clear line of demarkation between an executive session topic and an open forum topic based on TASB’s definition, but feel we have some opportunity to improve in context of AISD school board.

Open records limits: The public has the right to know based on the legal limitations of open government.  If an open records request will do nothing but jeopardize a government entities’ ability to operate their day to day responsibilities, I believe the requesting entity asking for the records has a moral obligation to review their request and act accordingly.      In regards to your next set of questions, I would have to educate myself on  what the law states to provide my view.  As a result of limited time and no information , I will not respond to these questions at this time.

 

Name: Kim Hinnrichs

City: Argyle ISD

Office Sought: AISD Board of Trustees

Government philosophy: I think open meetings are essential to local government. The public has a right to know what their elected officials are doing on their behalf. Open and honest communications from local officials allows the community to be aware of decisions and policies and can alleviate rumors and unrest in the community. When the public does not know how and why elected officials make the decisions they do, the public loses trust and democracy breaks down.

Closed door meeting thoughts: I believe executive sessions certainly serve a purpose, especially for personnel or disciplinary discussions, but I feel that some governmental bodies extend that privilege too far.

Open records limits: Depends on the extent of the request.

 

Name: Matt Portz

City: Argyle ISD

Office Sought: School Board

Government philosophy: I believe in government openness when possible because it keeps you accountable.

Closed door meeting thoughts: In many cases yes. As a school board member representing your local school district's tax dollars the public should be as privvy to the ongoing issues facing the school as legally permitted.

Open records limits: Open government is a constitutional right.  With today's modern technology this should not be much of an issue.  However, if the cost to provide this information in a particular paper form becomes costly then the individual requesting the information could be charged accordingly for the time and effort it takes to provide the information.  Open records are an absolute necessity to have a fair and balanced system in place.

 

Name: Randy McKellar

City: Argyle ISD

Office Sought: School Board

Government philosophy: I strongly believe in open government and that it is vital to democracy at all levels of government.  Elected officials and government employees at all levels need to be trained in open government laws and in practical approaches for conducting government business consistent with open government laws.

Closed door meeting thoughts: I think there is a tendency on the part of the public to assume there is a problem (or a deliberate attempt to hide) when a government body has “closed-door meetings”.  I don’t think the attorney-client privilege is abused except in rare cases, I think the difficulty is in knowing the limits of what can and should be closed, combined with the self-discipline of government officials to stay within those limits during a closed discussion.  I am more concerned with the misuse of personnel exemptions – again “cutting both ways”.  As a citizen, when there’s a closed door session that results in a teacher (or administrator or city official) resignation or firing, what occurred? – Was the teacher “railroaded” by a bad principal or was the teacher a problem? – Are they a problem being passed to another district?  The executive session secrecy allows an unscrupulous administrator to imply problems without having to identify them, and the public won’t know if a popular teacher was a problem or not.

Open records limits: This is where the “theory” hits “practice”.  School districts (and local governments) do not have unlimited funding and even when staff time is “compensated” for an open records request, that staff member is unable to work on the normal duties.  Ideally, open records requests are limited, but when there are trust problems the requests become expensive and time-consuming.  On the other hand, local governments should not use delaying tactics or inflate the costs unnecessarily.

 

Name: Debbie Cantrell

City: Argyle ISD

Office Sought: School Board

Government philosophy: Democracy is important in our local government. School Board members strive to adequately represent and be accountable to their constituents. As a Board member for the Argyle ISD, I believe open and accountable government is necessary for our constituents. In this regard, the Board members and I strive to balance the needs and request of the public for access to all information regarding the District's business and the interests of those whose privacy interests are affected. ... As previously stated. I am a proponent of transparency in government to assure the citizens maintain confidence in their elected officials.

Closed door meeting thoughts: In particular, the Board must be particularly vigilant to assure compliance with the Open Meetings Act ("OMA") and the Public Information Act ("PIA") with regard to confidentiality of certain information including, but not limited to, employee and student information and information protected under the attorney-client privilege. Generally, without permission from an employee and/or student to discuss a particular matter or grievance in open session, the Board and I are bound by law to discuss such items in closed session. The discussions in closed sessions ensure that we minimize our liability and protect the District's resources. In this regard, we make every effort to assure compliance with the provisions of the OMA with regard to issues that can and should be addressed in closed session. As fiduciaries of the District we recognize and respect our responsibility to seek legal advice and make decisions we believe are in the District's best interests. All final action regarding a matter is conducted in open session. ... It is critical that the Board also protect the privacy of those individuals whose interests are deemed confidential by law.

Open records limits: With regard to request for information, citizens have a right to records that are not otherwise confidential by law. The Public Information Act ("PIA") provides third parties an avenue by which they can request records. Compliance with these requests require the District to expend personnel and financial resources. The District is permitted to charge for a portion of the costs incurred in complying with a request for public information. While these charges do not cover the actual governmental expenses in responding, they do help defray the cost. It is necessary to charge requestors for expenses, in accordance with the PIA, to follow the law and protect the District's resources. Some records such as cell phone and email records must be carefully evaluated to determine which records are public and subject to release. This analysis often requires a request to the Attorney General to facilitate their assistance in responding to the request. In all cases, the District makes every effort to fully comply with requests in accordance with the  PIA.

 

Name: Bruce Birdsong

City: Aubrey ISD

Office Sought: School Board

Government philosophy: Government openness is critical in the communication between taxpayers and the elected officials.

Closed door meeting thoughts: In fairness to those who currently hold position in leadership in Denton County.  I am not qualified, at this time to give an opinion, due to not being in any executive session meetings.

Open records limits: The costs to keep public records current is minimal compared to the potential hardship that could come if not.  I support open records.

 

Name: Vincent Russell Bland

City: Aubrey ISD

Office Sought: School Board Trustee

Government philosophy: I believe in a very open government. There should be nothing that goes on in an elected office that should not be open to any and all citizens of the USA. The people need to know what thier elected officials are doing. I think it is very important. As a board member it is thier children and thier tax dollars that we are dealing with.

Closed door meeting thoughts: I can only speak for the sessions I have been involved in and they have been held according to our lawyers advise. Etc.[personnel]

Open records limits: No more then 10% of the staffs time should be spent on open government.

 

Name: Bob Holsomback

City: Corinth

Office Sought: Corinth City Council place 3

Government philosophy: Without a transparent/open government there can be no democracy as the people would be unable to influence what they cannot see or hear happening within the government.

Closed door meeting thoughts: I can speak to the government sessions which I have been present at and yes, in some cases, it seems too much secrecy exists.  I will adhere strictly to the exceptions allowed under statute and seek to make available records of meetings held in executive session that do not strictly adhere to the letter of the statute as stated here:  http://www.oag.state.tx.us/AG_Publications/txts/2002openmeetings7.shtml

Open records limits: A government must spend as much as is needed to keep the government as transparent as possible while at the same time avoiding the pitfall of spending so much it becomes a burden to the taxpayer or a threat to the citizens whos information is being publicly shown.  With modern publishing technology the burden is much reduced and most records that are of a non-personal nature for citizens can be displayed on the internet with little or no threat of abuse, assuming proper precautions are taken.

 

Name: John R. Booher

City: Corinth

Office Sought: City Counsel, Place 3

Government philosophy: Whether it government or private business or my personal business I prefer to have all the cards on the table for everyone to see as a prerequisite for making the best decision.  The public’s business is best done out in the open with full participation from all who have an interest.  The more who participate the better because everyone will have a stake in the final outcome.  Enforcement of laws to which the majority have truly crafted, are actually very easy to do.  It is harder to police a majority who do not believe in a particular law.    Sometimes, some matters must be held in confidence.  With regard to the public’s business, the State of Texas has made some very specific exceptions to the general rule of open government.   These are reasonable and should be monitored by submitting a set of notes or a tape recording to a local District Judge for review:   From the Texas Attorney General’s web site: http://www.oag.state.tx.us/AG_Publications/txts/2002openmeetingstoc.shtml   1. Section 551.071: Consultations with Attorney   2. Section 551.072: Deliberations about Real Property   3. Section 551.073: Deliberations about Gifts and Donations   4. Section 551.074: Personnel Matters   5. Section 551.0745: Deliberations by Commissioners Court about County Advisory Body   6. Section 551.076: Deliberations about Security Devices   7. Sections 551.078 through 551.0812:  Exceptions Applicable to Specific Entities   8. Section 551.082: Certain School Board Deliberations   9. Section 551.083: School Board Operating Under Consultation Agreement  10. Section 551.085: Certain Deliberations by Governing Board of Public Hospital  11. Section 551.086: Certain Public Power Utilities: Competitive Matters  12. Section 551.087: Deliberations Regarding Economic Development Negotiations  13. Section 551.088: Deliberations Regarding Test Item    Sometimes we need to be careful to err on the side of openness for the good of our democratic system.  So these exceptions should be monitored carefully.

Closed door meeting thoughts: I cannot say for certain because I have not been on the other side of the door when that occurs.  However, there needs to be a real effort on the part of those governing bodies who practice such things to communicate that important matters which need to be discussed in the public's hear happen there and not behind closed doors.  As a member of the Corinth City counsel, I would be diligent in sending notes and/or recordings to a State District Judge for an evaluation rather than relying simply upon my own opinion.

Open records limits: Government is not a business.  There is not a limit in terms of cost.  there are only legal limits as outlined by statutory law and published opinions of the State Attorney General's Office.

 

Name: Burr Willcox

City: Cross Roads

Office Sought: Mayor

Government philosophy: Open means open.

Closed door meeting thoughts: I have no personal knowledge of that issue.

Open records limits: No amount is too much to follow the requirments.  No personal assetts will be used in conducting government business.

 

Name: Darac Jason Favre

City: Denton

Office Sought: City Mayor

Government philosophy: Government transparency (openness) and social accountability are important qualities vital to the success of any governing body. In a democracy every citizen matters and the law governs over and for every citizen. As members of a democratic government the government officials are, in essence, faces of the government. So, as the government is responsible for and held accountable to every citizen, so are the civil servants that make up the democratic governing body.    Transparency is an important ideal in a democratic government, especially on a local level, that helps to provide a strong foundation of trust in one’s leaders. Transparency gives every concerned citizen the ability to garner the information about government policies and practices that they have a right to know about as well as provide a means of checking to make sure that their representative is successfully representing them.

Closed door meeting thoughts: I do not completely comprehend this question.     However I will say this, I think that public city council meetings are made public for a reason and should be left public. The citizenry has a right to know what it’s government is doing. Personal meetings are allowed and encouraged, but ‘city council meeting’ should be synonymous with ‘public meeting’ and that phrase demands that it be made public.

Open records limits: I maintain that every citizen has a right to know how its government is functioning. I believe that new technology has made it so easy to make information readily available that the cost has become negligible. When a concerned citizen asks it’s city government about records, policies, or city standards I think it is embarrassing to have to answer, “We can’t afford to answer that question.”     The short answer to your question is: Official government records should be made available to the public and with today’s technology making information sharing so easy, the price tag should not keep public records from being available to every concerned citizen.

 

Name: Dr. Perry McNeill, P.E.

City: Denton

Office Sought: Mayor

Government philosophy: All City business must be open and completely transparent to the citizens. It is a fundamental right and obligation of our Republic.

Closed door meeting thoughts: I can not speak for the County government; however, in the City of Denton, we are extremely selective and cautious in the use of executive sessions. It must not be used as an excuse to hide actions from the public. As noted in *4, my goal is an open process with citizen involvement in a representative form of government.

Open records limits: It is very difficult to quantify this in a general sense. Certainly citizens have a right, indeed an obligation, to know and evaluate what their government is doing in the course of doing the citizen's business. The Open Records Act affords them the ability to perform this duty. The challenge for appointed and elected officials is to review the use of taxpayer funds for frivolous activities. In the final analysis we should always error on the side of the requester.

 

Name: Jerry "Mo" Mohelnitzky

City: Denton

Office Sought: City Council Place 6 At Large

Government philosophy: Open and Collaborative government is one of the cornerstones of my campaign. I believe that it is crucial for government to be transparent to the citizens of Denton. Without that transparency our democratic principles lie in the balance because it creates distrust and dissatisfaction. Unfortunately city government can create an us against them mentality. No one is well served by that mentality. It is my belief that the City of Denton has an obligation to serve the citizens and to be accountable to the citizens. Open Government creates a clear understanding of this accountability.

Closed door meeting thoughts: Executive Session should be used judiciously by a city council. There are obvious times that executive session is in the best interest of a community. (Sensitive issues and negotiations, personnel matters etc.) Matters that are to be discussed in executive session need to be understood on a case by case basis. The sensitive nature of these matters requires close scrutiny as to the appropriateness of each matter for executive session. I believe that the current city council has been overly secretive in some matters and has created an an environment of distrust of the city government throughout the Denton community. As we move forward together as a community it is incumbent for the city council to assure that the executive session statute is not be abused.

Open records limits: Open Government is a basic tenet of our democracy. Providing public access to information allows the citizenry to monitor the work of the government and to raise important questions. The issue of staff time devoted to open government is a difficult balancing question. It is possible for the public to abuse the use of staff time and resources. But where is that line to be drawn? In the end it is the people's government and it is important to respect the need to allow the public access to information about the government that is intended to work on their behalf.

 

Name: Joe Mulroy

City: Denton

Office Sought: city council place 6

Government philosophy: The success of our democracy relies on openness; it is fundemental.

Closed door meeting thoughts: My experience is that for the most part executive sessions are not abused.

Open records limits: Government business should be constructed and conducted in a manner that expenses would be reasonable for producing the public's information.

 

Name: John Ryan

City: Denton

Office Sought: City Council District 2

Government philosophy: The US Constitution starts with “We the people…” and the Gettysburg Address ends with “government of the people, by the people, for the people, shall not perish from the earth”. I bring these up to point out open government is a founding principle of democracy. History will tell you a government that makes its decisions in secret, or is closed to the public, will not last. It is imperative that all levels of government remain open.

Closed door meeting thoughts: Because they are “closed-door meetings” and I have not been involved in them I cannot answer this question at this time.

Open records limits: The key to this is to make the information more readily accessible to the all the public. We are in the information age whereby many documents currently on city computers could and should be available on the city’s website. Currently in Denton only a limited amount of information is available online. I would like to see this changed. Since most every document the city has is  created in electronic form or scanned into electronic form it should be relatively easy to do and cost effective.

 

Name: Justin Bell

City: Denton

Office Sought: Mayor

Government philosophy: Freedom and ignorance cannot function together.  Either we educate ourselves and freedom prevails or ignorance prevails and servitude dominates our entire existence.  Have you ever considered why literacy is so important?  Our laws, statutes, charters and constitutions (state and national) are written documents for all to see.  If we do not have the ability to discern for ourselves what is being set forth as law, we are subject to injustices.  By being literate, we are not dependent upon someone else whom may dictate their biases and opinions rather than objective law. We can see for ourselves what is actually written in regard to the operation of government.  We must also address another form of ignorance which is the restriction or limitation of information.  This by far is one of the most dangerous forms of ignorance and has no place in our society.  It is usually a person or persons acting in a way that restricts information to the citizens.  When the citizens are not allowed to be informed, an environment is created whereby government becomes the master and the citizen becomes the slave.  We know from the history of this nation that the citizen was to be the master of the government. With the proper purpose and function of our government in mind, let us proceed to the importance of open information in regard to how the local government functions.  It is absolutely imperative that citizens have the ability to become informed of all decisions at the local level.  I cannot think of a single example where information should be restricted from public view.  DME to some extent has a level of information that is restricted from public access.  Their paraphrased explanation in regard to one of my queries was that in order to remain competitive in a market where privately held corporations are present, they must limit access to certain information.  I strongly disagree with this view, however I am aware of Texas Statute § 551.086 which allows for public utilities to use a degree of information restriction concerning “competitive matters.” I am not sure this statute is applicable however.  Denton’s electricity market has not been deregulated therefore it is impossible to have competition.  Why then is the competition statute cited when inquiries are made?  DME is not a privately held corporation, it is an entity that serves the public. Privately held corporations continue to function if the services provided are adequate, in demand and remain reasonably priced.  Government entities on the other hand continue to function under the color of law. Depending on the entity, it may be funded by tax dollars therefore it must constantly be scrutinized by citizens in order to justify the validity of its existence.  Without the scrutiny of citizens, a tax funded department could perpetuate itself forever, regardless of whether or not the services rendered are necessary or appropriate.  Moreover concerning government entities that collect funds in exchange for services rendered, the citizen must be aware of the actual cost associated with providing services in order that the prices remain reasonable for the end user.  We must not blur the distinction between public service entities and private corporations because of the mandatory nature of laws and taxes.      In regard to government at any level, it is always best to have as much citizen scrutiny as possible.  Furthermore, any citizen that does not make a concerted effort to scrutinize their government is abdicating their responsibility to society.  If that responsibility is abdicated for an extended period of time, governments can easily transform into a self perpetuated bureaucratic nightmare which achieves its growth by well meaning politicians that hold government programs in higher esteem than the constitutions (state and national) they swore to protect.

Closed door meeting thoughts: There are 146 provisions in Title 5, the Texas Statutes pertaining to open government.  The conditions are very specific and they do not leave much to the imagination in regard to closed door meetings.  Concerning attorney-client privilege, Texas Statute § 551.071 states that “A governmental body may not conduct a private consultation with its   attorney except:  (1)  when the governmental body seeks the advice of its   attorney about:  (A)  pending or contemplated litigation;  or      B)  a settlement offer;  or             (2)  on a matter in which the duty of the attorney to   the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter.”   I think it is important to look at the words chosen in § 551.071 because it begins by using the words “A governmental body may not conduct a private consultation…”  I believe this wording was chosen in order to form the premise that open government should be the standard rather than closed government.  This statute is very specific as to what circumstances a governmental body can conduct a private meeting with its attorney.  Only if these requirements are met can there be a private meeting between a governmental body and its attorney. Executive session should not be left to loose interpretation.   An informed population keeps our elected officials honest, efficient and frugal.

Open records limits: Cost must never be used as an excuse concerning open government.  If cost becomes an issue, then we must focus our efforts to make the process more efficient.  We are a nation that created a system of government to serve the people.  In order to maintain this delicate balance, the people must be armed with information or we become servants of the government.

 

Name: Mark A. Burroughs

City: Denton

Office Sought: Mayor

Government philosophy: It is absolutely essential; but openness alone is inadequate, hollow without accountability of those in authority. "Openness" must not itself be abused, however, as a tool to isolate elected officials from keeping open lines of communication with all citizens on the issues.

Closed door meeting thoughts: I can only respond to what I have observed myself, which is a very rare and reasoned use of that "closed door" policy.

Open records limits: The proper, reasoned use of open records is threatened by abuse for personal, business or political gain. Generally, abusers should be made to pay for their conduct which often can be recognized by the repetitive nature of offending requests for information, broad, "shotgun" -type questions, and requests that are apparent random "fishing expeditions" rather than specific requests with some semblance of public purpose. 

 

Name: Mike Sutton

City: Denton

Office Sought: city council place 5 at large

Government philosophy: Any elected official owes his/her allegiance to those who voted them into office, those whom they appoint within their term are equally accountable to public scrutiny.    A true democracy isn't afraid of choices, or disent for that matter.  For it is what this country was based on.

Closed door meeting thoughts: I am not for closed-door meetings.  Hiding from the public eye is the weapon of a criminal.  If one cannot stand in the face of controversy, then one shouldn't be in office.  Going along with the herd will only keep ypu safe until you  reach the slaughterhouse.

Open records limits: True and your point is?  Once again the more you confuse your constituents and hide what is going on, the easier corruption has a chance to breed. An open record equals open government, a closed record equals closed government.  Same amount of money spent, one for the good of all the other for the good of a few.

 

Name: Pete Kamp

City: Denton

Office Sought: Denton City Council Place Five

Government philosophy: Open government is extremely important to our democracy in local government.  I support and believe that our citizens have the right to know how their elected officials stand on any issue, how they vote, and know how the process works to come to those decisions.  I have been very vocal supporting open government in the past and will continue my support in the future.

Closed door meeting thoughts: I do not believe that the attorney-client privilege is interpreted too broadly at the City level in Denton.  I have worked with two City Attorneys and both of them have been conservative and very thoughtful about the issues we are able to discuss in executive session.  They were both very strict about what is appropriate to discuss and did not hesitate to enforce guidelines.  For example, DME competes with private utility companies on the open market, so some issues must be discussed in private to be competitive for our rate payers.

Open records limits: The "too much to spend" issue should only be applicable if an individual is being accessive with their requests or harrassing the staff.  Reasonable, legal requests should always be taken seriously and should be granted with no problems.

 

Name: Rudy Moreno

City: Denton

Office Sought: Denton City Council District 2

Government philosophy: Open government is the cornerstone of the American democratic process whether at the national, state, or local level.  People have the right to know what their government is doing, else government officials cannot be held accountable for their actions.  Only by fostering and encouraging a fully informed and engaged citizenry can people gain a sense that their concerns are being heard.

Closed door meeting thoughts: Executive sessions should be limited in scope to issues involving personnel matters or pending litigation.  Too often work sessions, in effect, become executive sessions in that concent agendas are approved by council with little opportunity for public comment.

Open records limits: Open records requests should be responded to in a timely and thorough manner.  The burden should be on government oficials to justify what can, cannot, or should not be produced in response to such requests.

 

Name: Hugh Coleman

City: Denton County

Office Sought: Denton County Commissioner Pct. 1

Government philosophy: I think open government is critical to democracy.

Closed door meeting thoughts: It would have to depend on the context. I believe that discussing lawsuits in executive session is probably not to broad. However, in regards to other matters it may be interpreted too broadly.

Open records limits: Where time spent open records requests truly gets to the point where staff is unable to perform their primary tasks one needs to assess whether or not the time spent is too much.

 

Name: Phyllis Wolper

City: Denton County

Office Sought: Denton County Commissioner, Precinct 1

Government philosophy: Openness is essential to democracy and democracy is essential at every level of government for we the people to benefit from the free democratic society our system was created to ensure.  Officeholders are elected as public servants charged to transact the people’s business. Without openness, there is no way for the people to accurately assess the performance of their elected officials in terms of honesty, fairness and equal treatment

Closed door meeting thoughts: I believe a governmental body, such as the Commissioner’s Court, must demonstrate such a high level of integrity and openness in public sessions that will create a proven record of honesty to earn the public’s trust for matters that require additional introspection in a limited number of temporarily closed meetings.

Open records limits: You can not put a value on democratic government.  It is priceless. All persons seeking public office and all elected officials must place a high priority on keeping openness affordable.

 

Name: Jim R. Alexander

City: Denton ISD

Office Sought: School Board-Denton ISD

Government philosophy: Open and transparent government is essential to democracy.  It is fundamental to the establishment of the proper trust relationship between citizens and elected officials.  This trust must work both ways to be meaningful and effective.

Closed door meeting thoughts: No, not in my esperience.  This does not mean that the attorney-client relationship could not be abused.  However, the law provides this privilege for a reason. Public officials have a responsibility to use the privilege wisely and appropriately.  This is part of their trust responsibility.

Open records limits: Public entities must do whatever is required by the law.  Open government and maintenance of proper records is essential to our trust relationship between the citizens and public officials.  This includes the media.  We must all work cooperatively to maintain a legal, proper, and effective balance that focuses on the public interest.

 

Name: Rudy Rodríguez, Sr.

City: Denton ISD

Office Sought: Denton ISD Board of Trustees, Place 7

Government philosophy: Openness, transparency in government and a willingness to disclose are vital requirements of a functional democracy and accountable representation. Citizens are entitled to know what their government is doing.  This is an absolute essential in local government as in all levels of public governance, including public school systems.

Closed door meeting thoughts: As stated above,  citizens in a democracy have a right to know about the actions of their government and decisions that impact their lives.  With that said, I recognize that  there are occasions when governmental bodies, such as a school board, need to meet with its lawyers and discuss matters that are confidential or privileged relating to  ongoing or threatened lawsuits or legal investigations.  Open discussions might put the district at a disadvantage in dealing with such matters.  With all this in mind, and, as a responsible public representative, I will pay close attention to the instances when the school board's meetings are closed to the general public and do my best to ensure that the board errs on  the side of openness whenever possible.

Open records limits: Depending on the gravity of the situation or breach of trust determines the amount of time, depth of scrutiny, and resources expended in open records review.  The records review and other investigative gathering of information in the Dallas ISD, for example, took years to ascertain the extent of misuse of district issued “p – cards”.  The wide- spread corruption uncovered by these investigations resulted in criminal charges against some employees and major improvements in fiscal internal controls.

 

Name: Richard Cook

City: Double Oak

Office Sought: Town Council

Government philosophy: I believe government must be open to all citizens.  Texas law mandates open government.  I have seen it in action over the last 16 years.  It works for all of us.

Closed door meeting thoughts: It is interpreted strictly in the spirit and letter of the law in Double Oak meetings.  Closed sessions are rare, but closely monitored for correctness.  I have heard of excesses but do not know if what I have heard is true.

Open records limits: Open records research and production of requested records is an administrative burden but requestors do pay for the service according to law.  I have seen requests which seem to be simple harrassment.  We must spend as much time and money as required to provide requested data.

 

Name: Tom Pidcock

City: Double Oak

Office Sought: Town Council

Government philosophy: I believe that the words of Abraham Lincoln from the Gettysburg Address that are often quoted as a definition of democracy "government of the people, by the people, and for the people" mean that for a government to be a true democracy, it is essential and it must be open to the public.

Closed door meeting thoughts: Yes. I believe that in some cases, local, state and federal government bodies use executive sessions or closed-door meetings to intentionally hide things from the citizens.

Open records limits: No amount is too much to spend on valid requests for open records to keep government open to the public. However, I believe the cost should be shared by the government entity and the requester and there should be a legal or financial penalty to a citizen for frivolous requests.

 

Name: Tracy Scott Miller

City: Double Oak

Office Sought: Town Council

Government philosophy: Absolutely, 100%, with very few but some legal reasons, MUST be open.  Current administration has taken even board/commission appointments to exec session and it is not appropriate.  Open is better.  Always.

Closed door meeting thoughts: Yes.  I think it is abused and is being abused for the appointment of boards and commission members and was never intended to be used for that.  It takes courage to discuss issues in open session and I believe citizen's deserve to hear it unless it provides disclosure or advantage in legal poceedings or if an employee wants a private session.  Contract terms are the other reason.  Otherwise, stay away from the closed door deliberations.

Open records limits: This is set by the AG.  Some are reasonable.  Some are just for harassment of the staff and elected officials.  The AG sets a price.  If it can be done easily, it should be done quickly and with little cost.  it is a big part of the freedom of information access that is important to the fundamentals of our form of government.  If it is ounerous, the AG will determine that and the fees.  In any case, it usually always has to be delivered in 10 unless otherwise granted by a superior body.  The town expense should always be low as a fee schedule allows for the charging of large amouts of work.  It is only fair that a citizen pay for large amounts of work as the staff is paid by the overal tax payers.

 

Name: Charles J. Read

City: Hickory Creek

Office Sought: Town Council  Place 4

Government philosophy: The goverment is the instrument of the citizens and everything it does with minor exceptions needs to be open to the citizens

Closed door meeting thoughts: I have not seen it over used but can easily see how it could be.

Open records limits: In this day and age with technological resources the burden, if records are properly structure, can be minimized.  I cannot imagine the cost being so high as to be a real issue.

 

Name: Alice M. Carr

City: Krum

Office Sought: Council

Government philosophy: To have democracy work efficiently a city must provide all information to its citizens so that all understand decisions that are being made by their representatives. My belief is that all records should be made available to its citizens.

Closed door meeting thoughts: In the City of Krum I have not had the experience to say that the executive session is being interpreted too broadly. With the proper council I believe we have had the attorney who represents our city inform this council on what is proper and what is not for executive sessions.  I prefer that there were no executive sessions but understand the need for them when it pertains to personnel and pending legal matters or how to avoid them all together.

Open records limits: With me representing a smaller city with limited resources I feel that not putting a cap on the amount of time for free open records hurts all taxpaying citizens.

 

Name: Christine Rodriguez

City: Krum

Office Sought: City Council

Government philosophy: Government has to be open to the citizens that it serves and citizens need to be involved in their local government.

Closed door meeting thoughts: In my experience the attorney-client priviledge has not been interpreted too broadly.  The City has an attorney who participates in the executive session to asure that council does not abuse the purpose of the executive session.

Open records limits: There is no such thing as "too much time" to spend on open records request.  As a public servant answering open records request is part of the job.

 

Name: Judy R Kindiger

City: Krum

Office Sought: City Council, Place 3

Government philosophy: Records should be open to the citizens & excluded only in situations where it would compromise the city's legal position. Democracy equates to checks & balances & allows citizens to make sure that elected officials are doing what they should be doing. If a city is being ran like it should then there would be nothing to hide.

Closed door meeting thoughts: Within my knowledge of how the attorney client privilege is being applied to permit the use of executive session, I don't feel it is being used too broadly.  I feel that there are limited times for the council to meet in executive session. For example, preserve its rights in law suits and real estat negotiations and similar circumstances. I think council should make every effort to conduct their business in open session so the public can be fully informed about the city business. I will always be diligent in making sure that we meet in executive session only when absolutely necessary.

Open records limits: In my opinion, it is important to have open records in support of open government and to encourage open participation.  However, I believe there has to be balance with city governmant as with all things. To this effect, I think the current city ordinance that limits City staff time to 36 hours, before a citizen has to pay, to fulfill open records requests to be within reason.  It is my understanding that the new ordinance was adopted to provide a limit so that the City didn't spend too much of the taxpayer's money processing open records requests.

 

Name: Matthew M. Kilgore Sr

City: Krum

Office Sought: City Council

Government philosophy: Openness in government is crucial in a healthy democracy. Openness in government keeps elected officials in "check".  It is in place to show that elected officials cannot favor one citizen over another.

Closed door meeting thoughts: I do not have a yes or no answer. I do believe this is something that should be taken very seriously.  This privilege can be abused and should only be used for very specific items.

Open records limits: I believe open records are important for citizens to be informed. However there should be a limit on how much time is spent by staff.  Persons requesting open records should have to be specific of needs, request what they need and be flexible in regards to the time frame it takes for staff to obtain them.

 

Name: Nicole Collinsworth

City: Krum

Office Sought: City Counsel Place 3

Government philosophy: I think it should be very open.  There are too many things that go unnoticed

Closed door meeting thoughts: no

Open records limits: I do not think there should be a "too much".

 

Name: Stephanie Thompson

City: Krum

Office Sought: Krum City Council Place 5

Government philosophy: I believe ethics and transparency are the obligations of democracy and the duties of honorable public service.  As a citizen, I expect a government that is accessible, transparent and accountable.

Closed door meeting thoughts: As a taxpayer, I believe citizens should have the right to an open government that allows them to know what is going on.

Open records limits: Government is by the people and for the people.  I'm not sure you can assess a value on how much is too much to spend on open government.  I would like to see all local governments post public records on their websites so that the records can be easily accessible if needed.

 

Name: Bart Moore

City: Krum ISD

Office Sought: Krum ISD School Board - Krum, TX

Government philosophy: Government is for the people and all levels of our government should remain open to the safest extent possible.  The majority of citizens can relate more easily to local government as it generally touches their lives on a daily basis more much than higher levels of government.  It is crucial to have government openness in the local level so a foundation of trust can be built for all levels of government.

Closed door meeting thoughts: I do not feel qualified to address attorney-client privilege specific to Denton County as I have not had the opportunity to participate in such an environment at the local level.  However, having worked in the federal government for the last 14 years I do feel qualified to say executive session type meetings should only be used when concerns of safety are involved.  To use this type of meeting simply to avoid public controversy is wrong and only contributes to feelings of distrust towards all levels of government.

Open records limits: An efficient and well-organized local government should not incur an excessive cost to maintain and make available open records to the public.  This service is expected by the taxpayers and should be utilized by the taxpayers as well.

 

Name: Kirby Hicks

City: Krum ISD

Office Sought: KISD School Board Trustee

Government philosophy: I believe that government has to be open. It allows our citizens access. It is very important.

Closed door meeting thoughts: I won't speak for Denton County as a whole, but I don't believe it is interperted to broadly at KISD.

Open records limits: Access to open-records is a right of every citizen. I believe records should be provided upon request regardless of the cost.

 

Name: Mark Cofer

City: Krum ISD

Office Sought: Krum School  Board Trustee

Government philosophy: With very few exceptions, all government activities should be open and all governmental monetary transactions should be transparent.  Our democracy is dependent upon the trust placed in it by those being governed, that trust can only be attained by open government.

Closed door meeting thoughts: Attorney-client privilege is a fundamental right afforded to all citizens, even those citizens that have been chosen by the people to serve.  With this in mind, governmental bodies should use the executive session, or "closed-door meeting" as rarely as possible.  These sessions should be the exception, not the rule, of government conduct.

Open records limits: The ability of any citizen to request governmental records is a fundamental right that is available to all.  We must remember that our government is comprised of citizens, that duty is to serve other citizens.

 

Name: Teddy Ray Wiley, Sr.

City: Krum ISD

Office Sought: Krum ISD School Board

Government philosophy: I feel that certain areas of the government should be more open. Democracy is very important in local government.

Closed door meeting thoughts: Yes. I feel that many issues that are handled in a "closed-door" should be open to the public.Thus giving the public a better understanding of the local government and processes taken to fulfill the needs.

Open records limits: I think open records will help restore the public trust in local government. Can you really put a cost on that?

 

Name: Terry Knight

City: Krum ISD

Office Sought: Krum ISD School Board Trustee

Government philosophy: I think openess in local government is important.  After all, government officials are elected to represent the voters in the district.  As elected officials we need to listen to what our constituents have to say and vote accordingly.

Closed door meeting thoughts: I think at times the attorney-client privilege that permits executive sessions is interpreted too broadly in Denton County.  Although I think these meetings are necessary in some situations I think they take place too often.  I think, for the most part, individuals should be able to access public records at times in order to stay infomed about the issues that matter to them.

Open records limits: That is a tough question because I feel that figure varies widely depending on the govenment entity involved.

 

Name: Judith S. Camp

City: Oak Point

Office Sought: Council Member

Government philosophy: I believe Governments need to be open to the citizens they serve.  This is extremely important to a Democratic society.

Closed door meeting thoughts: I cannot comment on other government bodies in Denton County.  Oak Point takes this very seriously and has held very few executive sessions and then only on extremely critical issues as defined in the Open Meetings Act.

Open records limits: I do not agree that open government costs excessive staff time.

 

Name: Leslie Jane Maynard

City: Oak Point

Office Sought: Council

Government philosophy: It is important for citizens to know that their elected officials are honest, open to conversation and suggestions on issues by those who elected them.

Closed door meeting thoughts: I don't know about Denton County only Oak Point. There are times when the council needs to be made aware of all the parameters of an issue by the city attorney and that education process needs to be "closed door".

Open records limits: Government is "the people". City officials and staff are only the monitors for "the people" so information needs to be available to all citizens.

 

Name: Jerry Ford

City: Pilot Point

Office Sought: City Council Place 4

Government philosophy: I believe it is very important for government to be open. Elected officials should be held accountable to its constituents who elected them. Without openness there is no accountability.

Closed door meeting thoughts: The only things that should be discussed in executive session are real estate transactions, personnel issues, lawsuits and potential legal liabilities. When citizens elect you they are putting a certain amount of trust in you to make decisions in there best interest regarding these matters. As an elected official these matters upon there conclusion will be made public and your decisions will be judged by your constituents.

Open records limits: You cannot put a price on or say how much to spend on open government. I believe you should have an open and honest government. Every attempt should be made to make records public when requested to do so. Frivolous attempts to tie up the system should be identified and brought to city council for an up or down vote in public as to what direction to take.

 

Name: Ken Brixey

City: Pilot Point

Office Sought: Mayor

Government philosophy: It is my opinion that anything that is discussed relating to the city of Pilot Point should be openly discussed, completely.  I have been a private citizen much longer than I have been a candidate for city government and I disdain closed meetings.  In fact, it will be my practice to never close the door to my consitituents.

Closed door meeting thoughts: Yes, I believe the attorney-client privilege is too broadly utilized in Denton County.  The exception may have been in Pilot Point, where the executive session is rarely used.  If elected Mayor, I may change my mind on that point, slightly, but, not ever to the point that the city is left wondering just what went on at council meeting.  Any time a quorum is present, the citizens should be included, as well, 99 times out of 100.

Open records limits: Again, in Pilot Point, that has rarely been an issue.  Staff time and resources are needed to keep the public informed of the decision making process in the past.  We need to keep it that way.

 

Name: Pete Hollar

City: Pilot Point

Office Sought: city councilman

Government philosophy: Elected officials are the ears and voices of the people that put them in office. Total communication must exist between the two. To be effective, there can be no secrets. My philosophy is total openess, with the exception of possible  cases involving sensitive personel issues and legal problems.

Closed door meeting thoughts: I have not been involved enough to have formed an opinion.

Open records limits: Unless the subject involves case sensitive items that really do fall under attorney-client privilege, keep the people informed. Any other matters are worth time and resources spent.

 

Name: Linda L DeGraffenreid

City: Pilot Point ISD

Office Sought: School Board Trustee - Place 2

Government philosophy: Yes, It is important.  I am an advocate for open government as much possible.  But there are issues that must be considered in closed executive session to protect the best interest of the government entity, as in personnel, land acquisition, consultation with attorney, etc.

Closed door meeting thoughts: With regard to school boards I do not.  Personnel issues, student issues and identities that are discussed with attorneys, according to Texas law must be discussed outside the public arena.  The only exception to this would be if the employee would request that his/her issue be disclosed and discussed in open forum.

Open records limits: Each government entity should decide what is too much.  Staff time is valuable and expensive and requests should not be trivial and time consuming.  There should also be an appropriate dollar amount set for each request to help offset the expense that this incurs.

 

Name: Melinda Street

City: Pilot Point ISD

Office Sought: School Board Trustee Place 2

Government philosophy: I think government openness is very important, especially at the local level.  The decisions & policies made by local government directly affect the daily lives of its constituents.  The public’s right to know and access to this information is imperative to our democratic process.

Closed door meeting thoughts: No, however I think is important to keep as much information open as possible.   There are times when closed door meetings are necessary to protect the privacy of the individuals involved, not necessarily the government body.

Open records limits: Open records are required as part of the government process.  It is crucial for the public to have this information available.  With current technology, there should be ways to stream line this information in order to minimize its effect on local government’s resources & staff time.

 

Name: Jack L Smith

City: Sanger

Office Sought: Alderman

Government philosophy: Extremely important, the citizens have a right to know what their elected officials are doing and how their money is being spent

Closed door meeting thoughts: It probably is. The law is very specific but too many times it is "stretched"

Open records limits: Any time tax payer dollars are spent on non productive activities care should be given not to expend too much. The State legislature has created new guidelines to help entities recover for excessive requests.

 

 

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