Starbase may be violating the Texas Open Meetings Act, attorney says

STARBASE, Texas (ValleyCentral) — Past a “Private Property” sign, in a parking lot owned by SpaceX, sits a bulletin board.

It’s where the city of Starbase posts agendas for City Commission meetings.

Under the Texas Open Meetings Act, the bulletin board must be “at a place convenient to the public in the city hall.”

In mid-September, though, the CBS 4 Investigates team discovered the bulletin board at Starbase’s de facto city hall isn’t located in a public place — and it’s certainly not convenient.

Back in June, the city allowed SpaceX to install several large, black gates on public streets.

That stopped the public from driving through Starbase without permission from SpaceX. It also stopped the CBS 4 Investigates team from driving down Esperson Street, which leads to city hall.

Lead Investigator Derick Garcia hit the intercom button for help.

“Hi, I was trying to get access to the public bulletin board,” Garcia said.

An unidentified woman responded: “Do you have permission from somebody?”

“Isn’t it a public bulletin board?” Garcia asked.

“Uh, no, it is not,” the woman responded.

Moments later, the line went dead.

So, the CBS 4 Investigates team parked on State Highway 4 and walked down LBJ Boulevard instead.

SpaceX is building a gate on LBJ Boulevard too, but it’s still under construction.

After walking down a muddy path, Garcia arrived at The Hub, a small building owned by SpaceX.

The company allows Starbase to hold City Commission meetings at The Hub. In exchange, Starbase pays the company $100 a month.

The bulletin board is located in a parking lot behind the building. It’s marked with a “Private Property” sign that warns: “Trespassing Prohibited.”

When the CBS 4 Investigates team approached the bulletin board, a SpaceX security guard showed up.

“This is private property,” said the SpaceX security guard, who identified herself as “Bianca.”

“It’s a public bulletin board, though,” Garcia responded.

Bianca asked the CBS 4 Investigates team to step onto the sidewalk.

“Just give me a minute," Bianca said. “Because I’m trying to figure everything out. So, if you just give me a moment—”

“What are you — what are you trying to figure out?” Garcia said.

“Um, if you can be here or not,” Bianca responded.

Garcia told Bianca the bulletin board was supposed to be public.

“It’s a public bulletin board,” Bianca said. “But it might be a private property.”

A few minutes later, the Cameron County Sheriff’s Office arrived.

After talking with Bianca, a sheriff’s deputy told the CBS 4 Investigates team: “The same information you want is actually posted over there at the food truck.”

That didn’t seem to comply with the Texas Open Meetings Act, which required the bulletin board to be located at Starbase city hall.

The CBS 4 Investigates team asked Bianca for better directions.

“It’s not on a food truck, I think it’s just — uh, I don’t know guys,” Bianca said. “If you can just go over there, if you can kind of look around for it please? It should be over there somewhere.”

So, the CBS 4 Investigates team walked back down the muddy path to State Highway 4.

A few minutes later, we found a bulletin board posted on a brown fence near a food truck park — and another “Private Property” sign.

The CBS 4 Investigates team asked City Administrator Kent Myers about the bulletin board situation.

“You’re going to have to ask the attorneys that,” Myers said. “This is a temporary city hall and we comply with state law.”

Under state law, all local governments are required to post meeting agendas “in a place readily accessible to the general public.”

Where, exactly, depends on the type of government.

A county is required to post meeting agendas at the county courthouse. A city is required to post meeting agendas at the city hall. And a school district is required to post meeting agendas at the administration building.

Many local governments, including Starbase, also post meeting agendas on the internet. It’s the bulletin board, however, that counts.

“Generally the statute, as I understand it, requires you to have it physically at the city hall — or the building where they hold their meetings,” said attorney Ric Gonzalez of Edinburg.

During the past three decades, Gonzalez advised Edinburg, Mission, Peñitas, Sullivan City, Granjeno and other local governments in the Rio Grande Valley.

Gonzalez said a city must post agendas in the place specified by law. Other locations, like the food truck park, don’t satisfy the legal requirement.

“How would the public know that it’s posted there?” Gonzalez said. “Unless you’re buying something there, I guess.”

If someone filed a complaint, the local district attorney or the Texas Attorney General’s Office might investigate, Gonzalez said, and take legal action.

“That’s the letter of the law. But, again, you have to look at the circumstances. It’s a new city,” Gonzalez said. “And maybe they should hold their public meetings in an area that is accessible to the public.”

State Rep. Terry Canales, D-Edinburg, said he’s concerned Starbase may not be following state law.

“I would argue wherever you’re holding your meetings is the city hall,” Canales said. “Then, at that location, you need to have your postings at a place convenient and open to the public.”

Notice is the essential element of the Texas Open Meetings Act, Canales said, and meeting agendas must be posted at the location required by law.

“And if that’s not what’s happening, well, they’re in violation of the statute,” Canales said.