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Darian Ward

Darian Ward indicted on charge of violating public information laws

Wow.

Mayor Sylvester Turner’s former press secretary, Darian Ward, was indicted by a grand jury this week for failing to turn over public records in response to a reporter’s request late last year.

The indictment, handed up Tuesday but released by Harris County District Attorney Kim Ogg’s office Thursday, says Ward, in “misrepresenting” the number of emails responsive to a reporter’s request for correspondence about her personal business activities, “unlawfully, with criminal negligence … failed and refused to give access to … public information.”

Ward resigned in January, weeks after news broke that she had been suspended for withholding the records, and because the records showed she had routinely conducted personal business on city time.

[…]

“Mayor Turner expects every city of Houston employee to comply with the Texas Public Information Act,” mayoral spokeswoman Mary Benton said, noting the mayor was on a trade mission to South America. “Questions about today’s grand jury decision should be directed to the Harris County District Attorney’s office.”

She is charged with failure or refusal by an officer for public information to provide access to public information, a misdemeanor punishable by a fine of up to $1,000, six months in jail or both.

The indictment first was reported by KPRC Channel 2.

[…]

Kelley Shannon, executive director of the Freedom of Information Foundation of Texas, said it is common for officials to stall the release of records or impose unreasonable charges for the documents’ release without technically violating the law, and many more — typically unprovable — cases in which requesters suspect the act is being violated.

“It is very important that officials are taking the Texas Public Information Act seriously,” Shannon said. “Whatever comes out of this indictment, it shows that attention is being focused on the Public Information Act and the importance of adhering to the act.”

See here and here for some background on Darian Ward’s end of tenure with the city. I’m irresponsibly speculating well in advance of any evidence, but I would not be surprised if this winds up with a plea deal and a minimal fine. Whether that sets an example for adhering to the Public Information Act or not is up for debate, but I will agree that this law is routinely ignored and should be enforced more often. Those of you with long memories may recall the Rick Perry email saga, which included a complaint filed with the Travis County DA that did not result in any charges. We live in different times now, I guess.

Darian Ward resigns

Adios.

Mayor Sylvester Turner’s press secretary resigned Friday afternoon, three weeks after news broke that she had been suspended for routinely conducting personal business on city time and failing to release public records.

Ward sent or received roughly 5,000 pages of emails about personal business from her government account over the last four years, many of which dealt with reality shows she was pitching to television networks or a charity for which she serves as an advisor.

Ward, who earned $93,712 annually, was suspended for 10 days without pay in late December.

Her resignation came hours before new emails showed Ward again had tried to block the release of a portion of the personal business documents she sent on city time. The Houston Chronicle and other news outlets sought the emails under the Texas Public Information Act.

“I believe many of the documents which include show concepts, treatments, etc. are protected through the Writers Guild Association’s registration. Legal needs to be advised,” Ward wrote to colleagues two weeks ago.

Assistant City Attorney Danielle Folsom replied last week, saying the city attorney’s office “does not believe that registration with the Writer’s Guild of America makes information confidential under the TPIA.”

Ward still wanted to seek an opinion from the Texas attorney general’s office, emails show. Pamela Ellis, founder of a charity Ward was promoting on city time, also asked the city to withhold documents.

As a result, the city released roughly 2,500 pages of Ward’s emails on Jan. 19.
With the release of that first batch, Ward expressed confusion that her attempt to intervene had not fully halted the city’s records release.

“How were emails released when I’m waiting to write the AG’s office?” she wrote to coworkers that evening.

The city distributed nearly 1,200 additional pages Thursday, accompanied by a letter to the attorney general’s office.

“The city takes no position with respect to the public availability of the requested information and will not raise any arguments on behalf of any third party,” Folsom wrote in requesting a ruling from the attorney general’s office.

See here for some background. As I said at the time, if that original story was all there was – if we knew all there was to know when that first story came out – then we’d all forget about it soon enough. That wasn’t the case, and so here we are. We’ve had email in the workplace for some 20 years now, and you’d think people would be clear on what “appropriate use” is by now. I honestly don’t know what Ward was thinking, but at least she’ll have more time to work on that show she’s trying to develop now. Her successor is Mary Benton, like Ward a former TV news reporter, who had worked for Gene Locke during his time as County Commissioner. I know Mary from the local politics scene, and I wish her well in the new gig.

Darian Ward

I shake my head.

Mayor Sylvester Turner on Wednesday staunchly defended his press secretary’s job performance following her recent two-week suspension for conducting personal business on city time and failing to turn over public records requested by a local journalist.

Turner also lectured reporters on the newsworthiness of the city’s disciplinary action against Darian Ward, saying other issues are more important than “whether or not somebody did something on an email.”

Ward, who was allowed to return to work Dec. 27, sent or received roughly 5,000 emails from her government account related to her company, Joy in Motion Enterprises, or other personal business matters over the last four years, according to a city memo. However, Ward, who at the time was among those responsible for fielding Texas Public Information Act requests for the mayor’s office, produced just 30 pages of emails in response to a journalist’s October records request.

“Ms. Ward, you misrepresented to the requestor the volume of documents regarding the TPIA request under state law, and you misinformed the chief of staff and me; you spent a significant amount of city time conducting your personal business rather than focusing on your work task,” mayoral Communications Director Alan Bernstein wrote Ward on Dec. 11, informing her that she had violated multiple city policies.

[…]

“It’s pretty flagrant,” said Daniel Bevarly, executive director of the National Freedom of Information Coalition, based in Missouri. “I’m surprised the mayor retained this individual.”

Turner said “no employee ought to be utilizing personal emails on city time,” but said he was not concerned about Ward’s performance.

“She’s done her job extremely well since I’ve been here, over and above,” he said. “I have no question with regard to her work performance.”

The mayor, who bristled at reporters’ questions about Ward, added that he imposed a stiffer punishment than the city’s legal and human resources departments had recommended.

Ted Oberg had the initial report about Ward’s suspension. For what it’s worth, I once had a coworker who was fired for doing something very similar to what Ward was suspended for. She was a lousy employee and was probably going to get herself fired for something eventually, but her email follies provided the fulcrum. If there are no further revelations to be made, and if Ward manages to adopt a more work-appropriate posture going forward, then we’ll all forget about this in a few weeks. If not, then I don’t think it’s possible for her to be a good enough employee in other respects to outweigh the negatives. Campos has more.