City attorney James Thompson first said there were “possibly hundreds” of e-mails and would require more that the state-mandated 10-day deadline. In a letter dated April 15, 2008, Thompson wrote: “The city e-mail server is not equipped to archive all e-mails; therefore, we submitted your request to each of the above named councilpersons. Each one advised that they did not have any e-mails in response to this request.”
Houston attorney Joe Larsen, who works with the Freedom of Information Foundation of Texas, said Thompson’s claim that e-mail messages between council members could not be retrieved was suspect.
“That sounds like a calculated denial,” Larsen said.
When it comes to e-mails, Larsen said, they carry the same weight as hard copy records, and must be maintained, even if they are stored on an e-mail server.
Larsen added that while he doesn’t know anything about the technology the city of Copperas Cove possesses, he doubts they are lost.
“This is a serious matter,” Larsen said.
The request for those records was issued in the wake of revelations last month during a public hearing that resulted in the ouster of Mayor Roger O’Dwyer.
During that hearing, O’Dwyer’s attorney Ray Barrett indicated there was a conspiracy to oust O’Dwyer and his lone ally on the council, Councilman Larry Sheppard, and cited an e-mail message written by Councilwoman Charlotte Heinze to three other council members.
In her message dated, Sept. 11, 2007, Heinze sought advice from City Councilmen Ray Don Clayton, Fred Harris and Mark Peterson on ways to remove O’Dwyer and Sheppard from office.
Thompson, who was also copied on that message, was notified by the Telegram on March 27 of the publication’s request for any subsequent e-mails between councilmembers from Sept. 11, 2007, to the present.
The request was clarified for Thompson, who then asked for 30 days to gather the information requested.
Charles Zech, a San Antonio attorney, completed an investigation at the request of Thompson and the direction of City Manager Andrea Gardner that ultimately led to O’Dwyer’s removal from office last month. Zech did not comment on the Heinze e-mail itself, or whether or not others were submitted for his investigation.
The Telegram has since submitted an Open Records request to the city of Copperas Cove for the copy of that investigation to determine if a dialogue between Heinze and other council members was included in the document.
The Telegram was able to view the report in full, but the only e-mail message regarding this part of Zech’s investigation was the Heinze e-mail.
