Hurst City Councilman Henry Wilson
Is No Friend of Government Transparency
By
James Scott Trimm
Government transparency has long been regarded as paramount
to Texas voters and the Texas Open Meetings Act seeks to guarantee
transparency. The Act does so by
requiring that most government meetings be open to the general public. Notice
of these open meetings must be given at least 72 hours in advance. All final actions, decisions or votes must
be made in these open meetings. There are very few exceptions to these
rules. Any official who violates this
Act is subject to fines up to $500 or up to six months in prison.
The Texas Open Meeting Act is an essential law which
protects the people from closed door meetings and back room dealing behind the
citizens backs. The Texas Open Meetings
Act helps keep government transparent.
It is hard to imagine that anyone would be opposed to this important
legal protection for Texas citizens.
But Hurst City Councilman Henry Wilson is no friend of
transparency in government. In 2010
Henry Wilson joined fourteen other city council members from various Texas
cities and sued the state of Texas in a failed effort to have the Texas Open
Meetings Act thrown out.
The three-judge panel of the Fifth Circuit ruled against Mr.
Wilson saying:
“Here, government is not made less transparent because of
the messages of private speech about public policy: Transparency is furthered
by allowing the public to have access to government decision making. This is
true whether those decisions are made by cogent empirical arguments or
coin-flips. The private speech itself makes the government less transparent
regardless of its message,”
Wilson and his friends appealed this decision all the way to
the US Supreme Court, which in 2013 refused to hear the case, letting the Fifth
Circuit Court's opinion stand.
Our Texas Attorney General (now Governor) Greg Abbott
defended TOMA on behalf of the citizens of Texas. Abbot put it well when he said:
"Open, transparent government is fundamental to our
democratic system of government. Today’s decision ensures that the Texas Open
Meetings Act will continue holding elected officials accountable to conduct the
taxpayers' business in the light of day and in a manner that informs the public
about government decision-making,”
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