Judge calls out HCC for delays in responding to records requests

A Houston attorney has sued Houston Community College for not responding to his open records requests related to a $100 million racial discrimination lawsuit, and in a hearing Wednesday, a judge said the college system’s delay is indefensible.

Ben Hall argued that he filed at least five different records requests to HCC connected to a lawsuit filed against the school in June. Two of Hall’s requests were filed before the COVID-19 pandemic forced many Texas colleges and governmental agencies to close in March, Hall said. Another three were filed after March, but Hall has since only received a portion of his requests — about 30 documents, not including racial discrimination data pertinent to the lawsuit.

HCC officials have cited in court documents that their offices closed on March 16 for spring break and closed again due to the COVID-19 pandemic on March 20. Officials added that their “offices remain closed to this day” and all deadlines under the Texas Public Information Act have ceased, causing them to not respond to records requests.

The college also cited guidance from the attorney general’s office on records requests in emailed responses. “If a governmental body has closed its physical offices for purposes of a public health or epidemic response or if a governmental body is unable to access its records on a calendar day,” the attorney general’s guidance says, “then such day is not a business day, even if staff continues to work remotely or staff is present but involved directly in the public health or epidemic response.”

‘Somehow or another’

But in a Wednesday hearing, Texas District Court Judge Steven Kirkland was not convinced.

The judge said HCC’s decision to rely on the AG’s guidance for five months without developing a new system to fulfill hundreds of records requests did not seem “tenable” and he questioned how HCC’s many offices, including registrar and enrollment, were able to operate to enroll its students.

Paul Lamp, HCC’s attorney, said he did not know how those offices operate virtually.

“Somehow or another, the college is doing some business,” Kirkland said.

“I don’t know what HCC was doing, but … we continued without hardly missing a beat,” the judge said speaking of district courts. “I’m a governmental office, and we managed well.”

Kirkland ordered the college to comply with Hall’s request for “discovery” or to look into evidence on whether the college is open for business, which will include a deposition or testimony from a current HCC employee. The evidence must be supplied within the next two weeks, Kirkland ruled.

“Had we been talking about this in May, it would be different,” Kirkland said. “At this point, clearly, you should have a different operational model. You have a responsibility as a governmental agency.”

Lamp argued durring the hearing that more than 70 percent of the records Hall requested relate to Janet May, HCC’s human resources director, and her consultant work for another government agency. Hall’s other requests are for records that either don’t exist or are for records that the college has sought an opinion from the state attorney general, Lamp said.

More requests pending

At least two other parties, including consulting firm Dolcefino Consulting and Texas resident Scott Laha, have also said in court documents that HCC has neglected to fulfill their records requests.

The Houston Chronicle, which filed several records requests in April, has yet to receive any of its records requests.

Lamp said the college is having discussions about when it will open physical offices again and officials plan to fulfill requests as soon as the offices open. Kirkland pushed back, however, saying “physical offices or not,” HCC should still be able to conduct business.

“This is not a position we want to be in. This is a position we find ourselves in,” Lamp retorted.

The judge added that Hall and HCC’s fight over records requests is an underlying issue that has delayed the progress of the original lawsuit, which alleges that Zelia Brown, a former African American employee at HCC, was retaliated against for pointing out mismanagement of grant funds.

The suit, filed on behalf of hundreds of current and former African American employees at the college, is against HCC Chancellor Cesar Maldonado, the HR director May and board of trustees member Adriana Tamez. Brown’s attorneys, including Hall, claim that Maldonado used a list of tactics to undermine and get rid of black employees and relied on May to handle displacements. Brown also alleged in the court documents that HCC trustee Tamez “stockpiled” grants on the eve of their expiration.

Judge Kirkland advised Hall and Lamp for both parties to discuss any differences and resolve disputes so that they can each get what they need to move forward with the discrimination case..

“You don’t have to engage in the battle that you’ve engaged here today,” Kirkland said.