Public Information Act

by | Feb 14, 2023 | City Council, Politics, Public Information Requests, Richard Abernathy

What is the Public Information Act and what is a Public Information Request?  Well, the Texas Public Information Act assures that government entities give citizens access to information about what the public servants are doing on their behalf.  It is a way for citizens to hold their public officials accountable.   The Public Information Act Handbook can be found on the Texas Attorney General’s website and lays out the “how-to” to do open record requests. 

In Frisco, many of our city council members and mayor use their personal devices (cell phones) to communicate so the question becomes what is “public information” and what is subject to the act?   If information was made, transmitted, maintained, or received in connection with a governmental body’s official business, the mere fact that the governmental body does not possess the information does not take the information outside the scope of the Act.  Emails or text messages sent via personal email and personal devices if related to city business are subject to the act.  Why is this important in Frisco?  Several of our council members use their personal devices and personal emails regularly to conduct city business.  When a request comes in, the city sends it to the individuals named and say do you have anything related to this PIR, if so please send it to us.  It allows for dishonesty, if you don’t want someone to see an email you can simply not send it.  It’s the Honor Code system.

In the ethics complaint we reviewed, Cheney wrote in his social media post “As a leader of a council that upholds transparency and full disclosure, I will provide them here without edit as they would appear in our official city records” so we decided to investigate the official record and his claims.  We filed a PIR that read:

Per Cheney’s Facebook Post (Account: Mayor Jeff Cheney) dated May 25, 2021, he admits to sending an email posing a simple question to senior members of our Frisco City Staff: “In the runoff race which Place 3 candidates have asked to meet with you?”  Each staff member was questioned separately using electronic media making their response part of the official city record and subject to public information requests.   Based on that post I would like the following communications from May 23, 2021 – May 26, 2021 :

1. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and City Manager George Purefoy

2. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Police Chief David Shilson

3. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Fire Chief Mark Piland

4. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Henry Hill, Deputy City Mgr

5. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Ben Brezina, Asst City Mgr

6. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Jason Cooley, Ph.D. – Chief Information Officer

7. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Ron Patterson, President Frisco Economic Development Corporation

8. All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Marla Roe, Executive Director Visit Frisco

9.  All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and John Lettellier, Director of Development Services

10.  All Electronic Media communications (including email, text, Facebook/Facebook messenger from Mayor Jeff Cheney’s official account) and Paul Knippel, Director of Public Works

The response to our PIR was 7 pages, the first 2 were a copy of the post from his page and the remaining pages contained 4 text messages between the mayor and 4 senior staff members. Problem #1 it appears we received an incomplete PIR request from the city. So where are the remaining 6 text message communications?   Problem #2 Cheney quoted Marla Roe, Executive Director Visit Frisco on his social media post as saying “Just Angelia. Had a great conversation.  Henry was there.”  However, after receiving our PIR Marla Roes actual statement via text said, “Just Angelia.  Had a great conversation. Henry was there.  Will say Jennifer stopped by my house and I told her I worked for the city. Not much else.  With Angelia was via teams FYI.”  Why is this important, he left out that the other candidate had interacted with the city employee.  One via door knocking and one via Microsoft Teams.  Does not seem like a big deal but when it comes to transparency – it is a very big deal! 

We want to believe our elected officials are good people, honest people, and forthcoming.  The truth is we don’t know and that is why the act is so important because it allows us that transparency.   Transparency should never be based on the honor system.  Not everyone is honorable!   That is how they can hide the shady shit!

Analyzing an Ethics Complaint

by | Feb 14, 2023 | City Council, Ethics Complaints, Frisco City Secretary, Home Rule & City Charter, HR Department, Politics

In 2021 several Ethics Complaints were filed by residents involving those who serve on the city council.  One of those complaints was filed by Frisco resident Ms. Rouse and was against Mayor Jeff Cheney.  It alleged that the mayor used his city email for political campaign purposes to support then-candidate Angelia Pelham.  It pointed to a Facebook post by the Mayor on May 25, 2021, where he states he asked each senior member of city staff, “In the runoff race which Place 3 candidates have asked to meet with you?”   He then proceeded to publicly publish the responses in a Pro Angelina endorsement on his official Mayor Jeff Cheney Facebook page.

Review of Mayor Jeff Cheney’s Sworn Response:

Mayor Cheney states in his sworn response that the complaint does not comply with the requirements for filing a complaint and that Ms. Rouse did not provide a statement of facts but instead offered her statement of opinions, assumptions, and allegations, and none were not supported by facts or evidence.   FACT: First Exhibit A,  Ms. Rouse pointed directly to the mayor’s post on May 25, 2021, which that acknowledges on May 24th he used electronic media and sent a message to every senior staff member and then published their names and answers to his question. 

Second, he proceeds to state that none of the responses were a result of his city email (he texted them) so that part was factually false.   TRUE: He texted senior staff and her reference in the complaint was he used city email.   OPINION: One could argue the mayor tried to mislead the public in his social media post when he says he sent it via electronic communication because most would assume that he alluding to email.  

On his social media post, he notes that any city staff response is part of the official city record and subject to Public Information Requests.  In his written sworn response, he noted that he was not asking any of the senior staff to support a candidate.   TRUE: His social media post is correct in that Senate Bill 933 & 944 states work-related text messages sent by public officials (the mayor to senior staff) are a matter of public record even if sent from their own personal device or outside work hours.   OPINION: He said he was not asking them to support a candidate, but he did not explain why he was asking the question.  So the senior staff had no idea if it was a personal question if he was asking for city purposes, and/or asking on behalf of his position as Mayor.  The mayor did not tell them ahead of time he was going to use them in a social media post where he intended to support a candidate.  Had he been upfront with city staff about his intentions they may not have chosen to respond to his text. 

Third, he states in his response that the complaint on its face does not state a violation of the ethics laws.   FACT: Ms. Rouse in the third paragraph of her complaint stated the section and specific portion of the City Ethics Code she believed the Mayor had violated (Sections 6, 7, 8, and 9).  OPINION: Now we are common folk and no legal eagle but upon review, it is our opinion the Mayor most definitely violated Section 7 of the City Code of Ethics Section A (1) which talks about influencing subordinates and states a city official shall not directly or indirectly, induce or attempt to induce any subordinate of the Official to participate in an election campaign or to engage in any political activity related to a candidate or issue.  Also, it is our opinion he violated Section 8 of the city code of ethics which states a city official shall now knowingly assist or induce or attempt to assist or induce another city official to violate any provision of the Code of Ethics. 

In the mayor’s sworn response to the complaint, he said citizens were asking him if city staff had met with any of the candidates and argued they had the right to know.  OPINION: He is partially correct, and he should have told each resident they can file a Public Information Request (PIR) requesting that information from city staff, city management, and the city council.  However, say 5, 10, or even 100 citizens asked that question it does not mean the mayor should use that in a campaign support message for a candidate.  He did not post these responses in an FYI public information message.  He published these responses in a political endorsement for Angelia Pelham on his OFFICIAL MAYOR JEFF CHENEY Facebook page where he tagged the OFFICIAL Facebook page for Angelia Pelham for Frisco and in the last sentence he says make your voice heard, vote Angelia. 

Going back and watching the city video for this meeting, Cheney read the agenda item and then made a few statements.  Cheney started by saying the complaints should have facts, not allegations, and he denied any wrongdoing.  He also stated it does not allege facts sufficient to constitute a violation of the ethics policy.  Then he recused himself and Bill Woodard, Mayor Pro Tem took over.  They received advice from the city attorney, opened the public hearing for citizens’ comments, then some of the council gave feedback.  One member of the council noted that any complaint should have contained a sworn affidavit and that she needed to have a lawyer help her.  Then Bill Woodard (Mayor Pro Tem) said “I know every member up here has spent a significant amount of time reading these complaints over the weekend, discussing them with the city attorney, then discussing them tonight in executive session again with the city attorney”  – wait, what?  Bill Woodard admitted to discussing the complaints before the City Attorney would have met with them at the City Council in executive session at its next regular meeting to present a written report describing in detail the nature of the complaint, and the attorney’s assessment of whether the facts as alleged constitute a violation of the ethics laws.”   So that leaves us asking, who discussed it over the weekend?   How can we be sure there were no back-door deals made for a vote?  The issue is perception and transparency.  If the city does not follow its own process written in its Code of Ethics then how can we trust the process?   Why does a citizen with a true concern need a lawyer to file an ethics complaint, last I checked we the citizens voted you in and you work for us!  Now we have no voice without an attorney.

The council agreed in a 5 – 0 vote to dismiss the complaint.  Now let’s look at the shady shit that makes the Ethics policy bogus!

City of Frisco’s Ethics Policy

by | Feb 8, 2023 | City Council, Home Rule & City Charter, HR Department, Mayor Jeff Cheney, Politics

As Frisco has grown so have residents’ concerns and questions about future developments, density, and the lack of transparency between the city, its leaders, and residents.  In recent years residents have called for transparency and filed ethics complaints against members of the city council.  Before we get into the complaints and why the system is rigged, you first need to understand the process. 

The process for filing a complaint under Ordinance number 09-04-25 with the city is for any person who believes that there has been a violation of the ethics laws to file a sworn complaint with the City Secretary.  The complaint must identify the person or persons who allegedly committed the violation, provide a statement of the facts on which the complaint was based, identify the rule of rules allegedly violated, and be sworn to in the form of an affidavit. 

As for confidentiality, the ordinance also states that no city official shall reveal information relating to the filing or processing of a complaint except as required for the performance of Official duties.  All papers relating to a pending complaint are to be confidential.

After filing a copy of the complaint, the notification process begins.  A copy of the complaint shall be promptly forwarded by the City Secretary to the City Attorney and the person charged with the complaint.  The person charged with the complaint shall receive a copy of the ethics rules and be informed that within fourteen days of receipt of the complaint, they may file a sworn response with the City Secretary.   

A copy of any response by the person charged in the complaint will be provided by the City Secretary to the complainant, who may within seven days reply to the sworn response with sworn writing filed with the City Secretary and a copy of the response will be provided to the person charged in the complaint.  Then the person charged with the complaint may request a hearing. 

The ordinance states “at any time assistance is required, the City Secretary shall provide information to the persons who inquire about the process for filing a complaint.”  

Once the complaint has gone through the process it will be reviewed by the City Attorney.  Within seven business days after the attorney receives the complaint the City Attorney shall make an initial assessment of the complaint.  The City Attorney is to assume that all facts alleged are true and determine if the facts constitute a violation of the ethics law.  After that is completed the City Attorney meets with the City Council in executive session at its next regular meeting to present a written report describing in detail the nature of the complaint, and the attorney’s assessment of whether the facts as alleged constitute a violation of the ethics laws.   Then in an open session of the council meeting, a majority of the council members not implicated in the complaint may dismiss the complaint based on certain grounds,  determine that the complaint on its face does not state a violation of the ethics laws, or refer it to an investigation. 

Sounds easy, right?  Sounds fair, reputable, and honest right?  If you ask Ms. Rouse she might disagree with you!   Next, we will dig into the Shady Shit of one of the complaints.

Frisco’s Transition from Then to Now

by | Feb 5, 2023 | City Council, George Purefoy, Mack Borchardt, Politics

Thirty-four years ago, a car drove into town carrying a man named George Purefoy. When he arrived in Frisco, the population was around 5000 and it had one red blinking traffic signal at the corner of Preston and Main Street. Purefoy was named Frisco’s first City Manager. At the time he took over the helm, the city was essentially broke, which lead to some budget cuts and staff reductions. In many articles, he said employees referred to him as the “hatchet man.”

One of the most important goals for George Purefoy was to build a strong foundation in the city so it too had an opportunity to grow and compete with cities like Plano. He strongly believed he had to find the “right professionals” to head the various departments in the city. As a leader, he felt it was incumbent upon himself to set the tone and be the example of what a professional city manager should be. Purefoy had a vision for the city that included growth, potential, and future developments.

One of the first “big” projects to hit Frisco was Stonebriar Mall in 2000. Frisco had to compete in the bidding process against Plano to win the Stonebriar development. Purefoy knew that was not going to be an easy fight. He also knew what kind of economic engine it would be for the future city. Purefoy believed sports, tourism, and private-public partnerships would be what sets Frisco apart from surrounding cities. He was right and, just around the corner were future landmark developments that would forever change the landscape of Frisco.

When Purefoy announced his retirement in 2021, it was important to him and many others that the new city manager continued the “strategic vision” for the city. Ask anyone walking down the streets to heavy hitters in the city about the Legend George Purefoy, and you’ll hear he was a salt of the earth, behind-the-scenes guy. He had a reputation for being kind, soft-spoken, trustworthy, creative, and with integrity, and most of all, he was dedicated to getting projects done.

The reason it is important to tell you about George Purefoy is that he was the mastermind that set the tone for this city, its employees, and the citizens. Mayors and council members would come and go over the years, but Purefoy was here for the long run and had the biggest impact on the city over time. No one is willing to question his motives and intentions.

It just makes us wonder if he knew some of the shady sh*t that was happening around him here?

Who Is Jeff Cheney

by | Feb 3, 2023 | Cheney Group, Mayor Jeff Cheney, Politics

Jeff Cheney is a man with a diverse and successful career path. Back in 1998, he was a Senior Associate for Price Waterhouse Coopers. In 2000 he became the Director of Portfolio Operations for Highland Capital Management.  Two years later, he joined Keller Williams forming The Cheney Group. Then in 2007, he became a councilman for The City of Frisco and served until 2016. During that time, around 2014 to 2015 he also became the President of Earth 911. 

As his council term came to an end, Cheney decided to run for Mayor of Frisco, which paid off as soon as he won the election. In May of 2017, he officially became Mayor Jeff Cheney for The City of Frisco. Then in November of 2017, The Cheney Group joined The Associates, owned by Robert Elliott.  In 2021, The Cheney Group moved one more time to join Monument Realty Group. 

You thought we were done?  Cheney also served as the owner of Frisco-Online.com from 2004 to 2017.  In 2017, Frisco Online merged into Lifestyle Frisco that Cheney maintains a partnership. Today, Lifestyle Frisco touts on their website they are the guide for “What to Do, Where to Go, and Who to KNOW” around Frisco! In 2021, Jeff Cheney told David Arkin with CheckoutDFW.com that shortly after his second child was born he unloaded their life savings to buy FriscoOnline.com, and looking back, what a smart investment, it was. He went on to say that FriscoOnline.com was hitting 4-5 million page views a month which played a big part in his real estate business.  Finally, Jeff is known to love Yoga and his family owns Hot Body Yoga in Frisco.

Some might say when he took office in May of 2017 that Frisco became Cheneyville and a sanctuary for wealthy people!  He is known to love urban planning and development and has been quoted many times that he loved how Frisco was a blank slate.  Cheney takes great pride in that he helped plan out the remaining space in The City of Frisco.  One key thing he wanted to pass was an ordinance that future developments have a certain percentage of open space.

Unfortunately, Cheney has advocated for growth and big named developments all while ignoring residents’ calls to slow down!  Truth is, some of these developments are great for the city and its residents, and then some leave people to question, why did Mayor Cheney and the City Council approve that?

In the last few years, Frisco has been recognized as the fastest-growing city in America, and the best place to live by Money Magazine.  Without a doubt, Jeff Cheney has played a big role in Frisco! The only question now is, did Cheney do all this for the residents, or did he do it for himself?