The Texas Attorney General’s office says San Antonio does not have to release records surrounding an investigation into Mayor Gina Ortiz Jones’ conduct earlier this year.
Jones was accused of yelling at Councilwoman Sukh Kaur (D1) in a private meeting space on Feb. 5, and the city hired an outside counsel to look into incident.
Though the results of that investigation were cited by council members who voted to censure the mayor weeks later, they were never released to the public because the city said it would be too easy to identify the witnesses, even if their names were redacted.
City officials asked the AG’s office for permission to withhold the report from open records requestors, stating that it was subject to attorney-client privilege.
On Thursday, the AG’s office seemed to agree with that assessment, saying “the city may withhold the submitted information” under Texas evidence rules.
“The city asserts the information at issue was intended to be and has remained confidential,” Assistant Attorney General James L. Coggeshall wrote in a letter. “We find the city has demonstrated the applicability of the attorney-client privilege.”
Jones did not immediately respond to a request for comment on Thursday.
She admitted to using an “f-bomb” in the Feb. 5 confrontation with Kaur, and later said “I should not have raised my voice at my colleague.”
The few details shared from the employment law investigator’s report concluded that Jones’ actions were verbally abusive and violated the council’s Code of Conduct, as well as city administrative directives governing equal employment opportunity and workplace violence.
But members of the public who showed up to speak before the censure vote had wildly mixed opinions about what they’d heard, and council members were divided about whether people should be allowed to view the report and make their own judgement.
Councilwoman Misty Spears (D9), who voted against the censure, said she had “serious concerns about the investigative process” and that “the findings do not accurately reflect the facts as presented.”
Meanwhile Councilman Jalen McKee-Rodriguez (D2) described the situation as “incredibly embarrassing,” and suggested the findings were much worse than what many who saw it had anticipated.
“I do not clutch my pearls at profanity, … I believe that strong, honest debate can make our policies better,” McKee-Rodriguez said. “But productive conflict requires consent, it requires understanding, and it requires mutual respect, and unfortunately that was not present here.”
As part of her censure, Jones had to agree to step aside as chair of the Governance Committee for three months and to complete in-person leadership training focused on civility, de-escalation and conflict resolution.
As of Thursday, it’s unclear whether she has completed the training. The pause from chairing the Governance Committee should conclude later this month.
