[1. CALL TO ORDER ] [00:00:09] NOT CALL THE CITY COUNCIL SPECIAL MEETING TO ORDER AT 5 P.M. ITEM NUMBER TWO ROLL CALL. [3. PUBLIC COMMENTS] WE DO HAVE A QUORUM OF COUNCIL. ITEM NUMBER THREE ARE PUBLIC COMMENTS. AS CITY SECRETARY, HAVE YOU RECEIVED ANY PUBLIC COMMENT REQUESTS FOR ITEMS ON THE AGENDA? YES, MR. MAYOR, I DID. GUY SOLOWAY HAS SIGNED UP TO SPEAK ON ITEM FOUR A MR. SOLOWAY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND PLEASE ADHERE TO THE THREE MINUTE TIME LIMIT. THANK YOU. GUY SOLOWAY 3514 CROSS CREEK COURT HERE IN MISSOURI CITY. MAYOR AND COUNCIL, THANKS FOR THE OPPORTUNITY TO SPEAK THIS EVENING. I'M HERE TO ADDRESS AGENDA ITEM FOUR A, SPECIFICALLY THE ROLE OF THE CITY ATTORNEY AND THE RESPONSIBILITIES THE CITY COUNCIL UNDER THE MISSOURI CITY CHARTER OVER THE PAST MONTH, I SUBMITTED SEVERAL REQUESTS UNDER THE TEXAS PUBLIC INFORMATION ACT FOR DOCUMENTS RELATED TO THIS YEAR'S BUDGET PROCESS, INCLUDING THE APPRAISED VALUE ASSUMPTIONS THAT WERE USED IN THE 2021 BOND PROGRAM BOND PROGRAM USED TO CALCULATE THE DEBT SERVICE, THE PROPOSED BUDGET TIMELINE AND OPPORTUNITIES FOR PUBLIC INPUT, AND THE FIVE YEAR FINANCIAL OUTLOOK REFERENCED DURING THE 2526 BUDGET DISCUSSIONS. EACH REQUEST HAS BEEN DENIED, AND THE CITY IS SEEKING PERMISSION FROM THE TEXAS ATTORNEY GENERAL TO WITHHOLD THE RECORDS. I'M NOT HERE TO DEBATE WHETHER THE CITY HAS THE LEGAL RIGHT TO ASSERT AN EXEMPTION. UNDER THE PUBLIC INFORMATION ACT, THE ATTORNEY GENERAL WILL DETERMINE THAT. MY CONCERN IS BROADER. HOW SHOULD THE CITY ATTORNEY BALANCE PROTECTING THE CITY'S LEGAL INTERESTS WITH PROMOTING TRANSPARENCY AND PUBLIC CONFIDENCE? UNDER THE MISSOURI CITY CHARTER, THE CITY ATTORNEY IS APPOINTED BY THIS COUNCIL SERVES AT YOUR PLEASURE AND PERFORMS DUTIES AS DIRECTED BY YOU. THAT MEANS THIS COUNCIL SETS THE TONE FOR HOW LEGAL ADVICE IS APPLIED WHEN THE LAW ALLOWS DISCRETION. I HOPE THAT THAT DISCRETION FAVORS OPENNESS AND MEANINGFUL PUBLIC PARTICIPATION. THE ANNUAL BUDGET IS THE MOST IMPORTANT POLICY DOCUMENT THIS CITY ADOPTS. IT DETERMINES HOW TAXPAYER DOLLARS ARE COLLECTED AND SPENT, AND ULTIMATELY AFFECTS EVERY PROPERTY OWNER IN MISSOURI CITY. THE ASSUMPTIONS BEHIND THAT BUDGET ARE THE FOUNDATION OF THOSE DISCUSSIONS, AND RESIDENTS DESERVE TO UNDERSTAND THEM BEFORE THE BUDGET IS APPROVED. EVEN IF THE ATTORNEY GENERAL ULTIMATELY ORDERS THESE RECORDS RELEASED, THAT DECISION WILL LIKELY COME AFTER THIS YEAR'S BUDGET IS ADOPTED. BY THEN, THE PUBLIC'S OPPORTUNITY TO REVIEW THE INFORMATION AND ASK INFORMED QUESTIONS AND PROVIDE MEANINGFUL INPUT WILL HAVE PASSED. TRANSPARENCY DELAYED IN THIS CONTEXT, IS TRANSPARENCY DIMINISHED? THAT IS WHY TIMING MATTERS. INFORMATION IS MEANINGFUL ONLY WHEN THE PUBLIC CAN STILL INFLUENCE THE DECISIONS THAT ARE BEFORE YOU. AS ELECTED OFFICIALS, EACH OF YOU TOOK AN OATH TO SERVE THE PEOPLE OF MISSOURI CITY. LEGAL ADVICE IS IMPORTANT, BUT IT DOES NOT REPLACE YOUR INDEPENDENT JUDGMENT. YOU HAVE BOTH THE AUTHORITY AND THE RESPONSIBILITY TO DECIDE NOT ONLY WHAT IS LEGALLY PERMISSIBLE, BUT WHAT SERVES BEST THE PUBLIC INTEREST. EARLY IN MY CAREER, I WORKED FOR A CHEMICAL COMPANY. WE HAD A BUNCH OF MANUFACTURING PLANTS IN LA. AFTER AN INCIDENT IN ONE OF THOSE FACILITIES, I PARTICIPATED IN A VERY LONG MEETING TO DETERMINE HOW THE COMPANY SHOULD RESPOND. OUR ATTORNEYS WERE PART OF THAT DISCUSSION AS THEY SHOULD HAVE BEEN. AFTER THE MEETING, ONE OF OUR VP SHARED SOMETHING THAT I'VE NEVER FORGOTTEN. HE SAID, YOU DON'T ALWAYS HAVE TO DO WHAT THE ATTORNEYS TELL YOU. SOMETIMES YOU GET TO DO WHAT IS RIGHT. HE WASN'T SUGGESTING WE IGNORE LEGAL ADVICE. HE WAS REMINDING US THAT LEADERSHIP REQUIRES JUDGMENT AND THAT DOING WHAT IS RIGHT FOR THE PEOPLE YOU SERVE SHOULD ALWAYS BE THE GUIDING PRINCIPLE. WHEN THE LAW ALLOWS A CHOICE BETWEEN WITHHOLDING INFORMATION AND GREATER TRANSPARENCY, I RESPECTFULLY ASK THAT YOU CHOOSE TRANSPARENCY. OPEN GOVERNMENT BUILDS TRUST, AND TRUST IS ONE OF THE CITY'S MOST VALUABLE ASSETS. THANK YOU. Y'ALL HAVE A GOOD EVENING. THANK YOU, MR. MAYOR. THAT [4. CLOSED EXECUTIVE SESSION] CONCLUDES PUBLIC COMMENTS. ALL RIGHT. THANK YOU. ITEM NUMBER FOUR IS A CLOSED EXECUTIVE SESSION. THE TIME IS 5:04 P.M. CITY COUNCIL WILL NOW GO INTO A CLOSED EXECUTIVE SESSION PURSUANT TO SECTION FIVE FIVE,TY COUNCIL IS NOW BACK INTO SPECIAL MEETING. OKAY. WITH NO [5. RECONVENE] FURTHER BUSINESS AND HEARING NO OBJECTIONS, THE MEETING IS ADJOURNE * This transcript was compiled from uncorrected Closed Captioning.