Save Our Springs Alliance files another lawsuit against City Council over Open Meetings Act

The Save Our Springs Alliance claims the City Council has again violated the Texas Open Meetings Act and filed suit Monday to block 13 amendments to the city’s charter from being placed on the November ballot.

It is the second lawsuit SOS Alliance has filed against the council this year, claiming that state law was violated by limiting the amount of time a person can speak on multiple agenda items. The environmental organization won the first lawsuit and later asked for clarification on whether a speaker can address the council during work sessions. The court ruled that members of the public can speak during work sessions on discussion items that the council will vote on in the future.

In its document filed Monday, the environmental organization alleges that Mayor Kirk Watson and the City Council violated the public’s right to speak by combining all 13 proposed charter changes into a single agenda item.

The complaint notes that when the proposed charter changes were on the July 18 council agenda, SOS Executive Director Bill Bunch appeared before the council and asked for time to speak on each of the proposed changes. When Watson declined the request, Bunch responded, “All right. I’ll have to see you again in court.”

The suit also alleges that the City Council’s Aug. 14 agenda was intended for the widely publicized adoption of the new city budget. However, another item on the same agenda called for ordering a general election on Nov. 5 to elect a mayor and five council members, as well as authorizing a special election in which voters would decide on 13 proposed charter changes.

“In doing so,” the lawsuit states, “the defendant also violated the Texas Open Meetings Act’s requirement that agenda items be more specifically worded when the public has a special interest in the subject being discussed. Of course, any proposed amendment to the city’s ‘constitution’ (the city charter) is of special interest to the public and must be placed on the ballot as a separate and distinct ballot item.”

The lawsuit further alleges that many of the proposed charter changes – most of which were introduced by city staff outside of the charter review commission’s process – “would result in a reduction in the transparency and accountability of the City Council and City Manager to voters, the media and the public.”

In a press release accompanying the lawsuit, Bunch said, “To hide this fundamental truth, the Mayor and majority of the City Council declared this election an ’emergency election’ at the last minute, without the public notice and public participation required by state law. They hope that uninformed voters, overwhelmed by a long ballot jam-packed with other state, federal and local elections, will simply vote ‘yes’ to the important changes to the City Constitution hidden behind vague and benign-sounding ballot wording.”

Attorney and former Travis County Judge Bill Aleshire is representing SOS Alliance in the lawsuit. “The Austin City Council is becoming lawless, and this lawsuit is yet another example of their arrogant disregard for transparency,” Aleshire said in the statement. “Mayor Watson and the majority of the City Council are undermining democracy through violations of the Texas Open Meetings Act.”

The Austin Monitor has reached out to Watson’s office for comment but has not received a response by press time.

The Austin Monitor‘s work is made possible by donations from the community. While we occasionally include donors in our reporting, we are careful to separate business and editorial activities while maintaining transparency. A full list of donors can be found here and our Code of Ethics is explained here.