The Ellis County Press: City smacked with $4 million lawsuit

City smacked with $4 million lawsuit
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Editor on 12/04/2008 11:51:00


_The Ellis County Press__ _
1,200 annexed on 6-1 vote
MIDLOTHIAN - Shortly before the city council's 6-1 vote annexed 1,200 residents
in the Midlothian area Tuesday, Nov. 25, lawyer Todd Phillippi smacked a $4
million Open Meetings Act lawsuit against Mayor Boyce Whatley and councilmen Joe
Frizzell and Dusty Fryer.
The three-year battle to annex residents in two large swaths of residential
homes ended after numerous residents voiced opposition to the decision.
Councilman Ken Chambers was the lone dissenter on the seven-member council.
Phillippi, who had been hired by Chambers after a mayor-led ethics subcommittee
investigation turned up nothing against the outspoken councilman, said
Midlothian violated the First Amendment and the Texas Open Meetings Act for
failure to post agenda items on what the subcommittee would be seeking to find.
Chambers is asking for $1 million from the three council colleagues and $1
million from the City of Midlothian.
The main argument is that subcommittees are governmental bodies, Phillippi said,
and thus are required to post meetings and reveal documents pertaining to
investigations.
"They sanctioned [Chambers] and violated his First Amendment rights, they
sanctioned him into not talking," Phillippi said. "You can't do that."
When approached about the lawsuit before Midlothian's meeting convened, Chambers
said city officials were "very quiet."
Elected last year after ousting the author of the city's smoking ban, Chambers
has been a lightning rod of controversy.
He was originally accused by the mayor for embarrassing city staff during open
meetings, discussing issues with Ken Halverson, a contractor who had a lawsuit
against Midlothian for illegal airport hangars at Midlothian's shared municipal
airport (the City of Waxahachie is the other participant and defendant), and for
mentioning a black city council candidate as "b/f," the law enforcement
designation for black females.
The subcommittee was a staffed by Whatley, Fryer and Frizzell, who was also
elected to his first term last year against a write-in opponent.