Maverick County requests Attorney General Opinion on public records of $8.5 Million Bonds
Maverick County General Counsel Robert W. Wilson wrote a letter on January 10, 2017 to Texas Attorney Ken Paxton requesting an Opinion on whether “all documents pertaining to the proposed $8.5 Million Dollar Certificates of Obligation Bonds including the detailed budget and proposed financing terms” are protected from disclosure as public records because they are considered as confidential in response to a Public Information Act Request submitted by Maverick County Taxpayer Ethelvina I. Felan on December 23, 2016.
In addition to all the documents pertaining to the proposed $8.5 Million Certificates of Obligation, Felan also requested as public records “the dates of the published public notices and a copy of the current Maverick County Financial Advisor.” Maverick County through Wilson’s letter to Attorney General Ken Paxton also is requesting an opinion on these public records.
This is the second time that Maverick County has requested an Attorney General Opinion on a Public Information Act request made by taxpayer Ethelvina I. Felan, the first was a request made by Wilson on behalf of Maverick County on November 3, 2016 for copies of the 2016 Maverick County Effective Tax Rate Work Sheets made on October 20, 2016 by Felan, but Maverick County suddenly and unexpectedly voluntarily withdrew its request for an Opinion on January 5, 2017 and disclosed these records after a two months delay.
Maverick County Commissioners Court approved on December 12, 2016 to seek up to $8.5 Million in Certificate of Obligation Bonds for the purpose of financing public service projects and equipment. At this December 12th meeting, Commissioners Court was advised by its Financial Advisor that the $8.5 Million in Bond funds would become available in March or April 2017 to Maverick County. It is these public records that Felan is now seeking a copy of in her December 23, 2016 Public Information Act request.
While Maverick County has the legal right to request an Opinion from the Attorney General under certain protected categories, the request will take approximately 60 to 90 days for an Opinion from Attorney General Ken Paxton. By the time Maverick County receives a response to its Opinion request, Maverick County will more than likely already have the $8.5 Million in Bond Funds in its general funds coffers to undertake all the designated public service projects.
One taxpayer noted that these requests for an Opinion from the Attorney General costs Maverick County taxpayers several thousands of dollars in attorney’s fees and costs. These significant legal fees and costs are borne by taxpayers through Maverick County.
