Fate Tribune Challenges City’s Transparency Over DPS Bond Communications
Fate, TX – In the wake of the November 2024 election, where voters approved the City of Fate’s Department of Public Safety (DPS) bond initiative of $20,000,000.00, the Fate Tribune continues to face roadblocks in its quest for transparency regarding the bond’s development and internal discussions. The Tribune’s Open Records Request (ORR) for communications about the bond has been met with stiff resistance from the City’s legal representatives, who have withheld documents under the pretext of attorney-client privilege.
The City, represented by Michael Kallas of Messer & Fort, PLLC, claims that nearly all communications related to the bond initiative are exempt from disclosure under the Texas Government Code. However, the Tribune argues that this sweeping use of exemptions not only undermines the public’s right to know but also fails to meet the legal standards for confidentiality. The full response submitted by the Fate Tribune to the Texas Attorney General is included below, outlining their case for public access to these critical records.
The City’s Claim of Privilege
In a letter dated December 3, 2024, Assistant City Attorney Michael Kallas confirmed that the City requested a determination from the Texas Attorney General’s Office to withhold documents responsive to the ORR. The City argues that these records fall under attorney-client privilege and are therefore exempt from public disclosure under Section 552.107 of the Texas Government Code.
However, the Tribune’s initial review of the heavily redacted records provided by the City reveals that many communications do not involve legal counsel. Instead, emails between city employees and council members, in which legal representation was neither a participant nor copied, were also withheld under the same claim of privilege. This blanket redaction raises serious questions about the legitimacy of the City’s argument.
The Fate Tribune’s Response to the Attorney General
Yesterday, the Fate Tribune filed its formal response to the Attorney General of Texas, contesting the City’s reliance on attorney-client privilege. Editor Michael E. Pipkins argued the following points:
- Attorney-Client Privilege Requires Strict Confidentiality
For communications to qualify for attorney-client privilege, they must remain confidential and involve only privileged parties. The City appears to have included individuals outside the scope of this relationship in their correspondence, breaking the chain of confidentiality and invalidating the claim of privilege. - Waiver of Privilege Through Dissemination
The inclusion of non-privileged individuals, such as certain city employees, in these communications constitutes a waiver of attorney-client privilege under Texas law. Without maintaining strict confidentiality, the City cannot rely on this exemption to withhold records. - The Public’s Right to Know
Public safety bonds involve taxpayer dollars and long-term financial obligations that demand accountability and transparency. The improper withholding of records undermines public trust and the democratic process.
The full text of the Fate Tribune’s response is as follows:
To: The Honorable Attorney General of Texas
The Fate Tribune respectfully submits this response in regard to the City of Fate’s request for exemption under Texas law, citing attorney-client privilege to withhold certain documents related to a bond proposal for the Department of Public Safety. Our position is that the City has failed to maintain the confidentiality necessary for the privilege to apply and thus cannot justify withholding these records from public scrutiny.
Summary of the Issue
The City of Fate received an Open Records Request (ORR) from the Fate Tribune seeking communications related to the proposed bond. While some records were provided, they were heavily redacted. Additionally, the City notified us of its intent to request an exemption from the Attorney General’s Office to withhold other documents under the attorney-client privilege exemption in the Texas Public Information Act (TPIA), codified in Texas Government Code §552.107.
However, based on the limited but redacted records we received, it is apparent that the City included individuals who are not direct participants in the attorney-client relationship in their communications. This undermines the privilege and renders the exemption inapplicable.
Legal Argument
- Attorney-Client Privilege Requires Strict Confidentiality
Under Texas Government Code §552.107, communications may be withheld if they constitute confidential attorney-client communications. For this privilege to apply, the communication must:- Be made between privileged parties (e.g., the attorney and client or their agents acting within the scope of the privilege).
- Be intended to remain confidential.
- The City’s Actions Demonstrate a Waiver of Privilege
A review of the redacted documents reveals that communications involving the City’s legal counsel were disseminated to parties who are not privileged participants, including city employees and possibly third parties whose roles do not establish them as agents within the attorney-client relationship. This dissemination breaks the chain of confidentiality and constitutes a waiver of the privilege.Texas courts consistently hold that the privilege is lost when a client voluntarily discloses the content of the communication to a third party, even if those individuals work for the client organization. To preserve the privilege within an organizational setting, the individuals involved must have a direct need to know the legal advice provided. Based on our examination, it appears that the City did not adhere to this standard. - The Public’s Right to Know Outweighs Improper Claims of Privilege
The TPIA presumes that government information is open to the public unless an applicable exemption applies. In cases involving public bonds, transparency is paramount, as such measures involve taxpayer funds and long-term obligations affecting the entire community. Improper withholding of information undermines public trust and the democratic process.If the City included unprivileged parties in its communications, its claim of exemption is not only legally deficient but also contrary to the spirit of transparency that underpins the TPIA.
Request for Relief
Given these facts, the Fate Tribune respectfully requests that the Office of the Attorney General deny the City of Fate’s request for exemption and compel the City to release the requested documents in their entirety.
Transparency in government is a cornerstone of our democracy, and the citizens of Fate deserve to understand the full context and rationale behind decisions regarding a public safety bond proposal.
Respectfully submitted,
Michael E. Pipkins
Editor, Fate Tribune
The Fight for Transparency
The Fate Tribune remains committed to holding the City of Fate accountable and ensuring that taxpayers have access to the information they are entitled to under the law. The outcome of this dispute will set a critical precedent for transparency in local government as cities across Texas grapple with similar issues of public trust.
The Tribune will continue to provide updates as the Attorney General evaluates the City’s request.
Letter from City Attorney to the Texas Attorney General





Election
Texas Conservatives Turn on Cornyn as Paxton Surges
OPINION – For years, Texas conservatives have watched Republicans campaign as fighters back home, only to return to Washington and govern like cautious corporate managers. That frustration is now boiling over in the growing divide between Texas Attorney General Ken Paxton and U.S. Senator John Cornyn, a battle that increasingly defines the Republican Party in Texas.
Paxton has become one of the most aggressive conservative legal figures in America. Cornyn, meanwhile, is increasingly viewed by grassroots Republicans as an establishment insider tied to the old Bush era wing of the GOP. The contrast could hardly be sharper.
Paxton built his reputation fighting the Biden administration on immigration, election disputes, COVID mandates, and federal overreach. Supporters say he has consistently used the Attorney General’s office to defend Texas sovereignty and conservative values. President Donald Trump praised Paxton during his 2022 reelection fight, calling him “a true warrior for conservative values” while endorsing him against challenger George P. Bush.
For many Texas Republicans, Trump’s support mattered because Paxton was already viewed as willing to confront Washington directly rather than negotiate with it.
Cornyn has found himself on the opposite side of many of those same debates. Conservatives sharply criticized his role in bipartisan gun negotiations after the Uvalde shooting, but immigration remains the biggest source of anger among the Republican base. Cornyn has long supported expansions of employment based immigration programs, including H1B visa policies favored by major corporations.
Critics argue those programs have displaced American workers in industries like engineering, healthcare, technology, and data services by allowing companies to import cheaper foreign labor. Over the years, outsourcing firms and tech companies have repeatedly faced backlash after replacing American employees with foreign visa workers, sometimes even requiring laid off staff to train their replacements before leaving.
Cornyn argues skilled immigration helps fill labor shortages and strengthens the economy. But many Texas conservatives increasingly see the system as benefiting multinational corporations while middle-class American workers fall behind.
Paxton has aligned himself almost entirely with border hawks and immigration enforcement advocates. He has repeatedly sued the Biden administration over border policies and backed Texas efforts to secure the southern border independently of federal action. Supporters argue those lawsuits helped slow federal policies they believed encouraged illegal immigration and weakened state sovereignty.
Some conservatives also frame the immigration debate in cultural and security terms, warning that unchecked migration and weak assimilation policies can destabilize communities and strain public resources. Paxton supporters often portray him as defending Texas from the kinds of social fragmentation seen in parts of Europe.
Cornyn’s critics increasingly label him a “RINO,” shorthand for Republican In Name Only, arguing that he represents donor class priorities rather than grassroots conservatives. Trump allies have also criticized Cornyn as part of the “old Republican guard” that voters rejected during Trump’s rise. Cornyn’s primary supporter is the Lone Star Freedom Project, a dark money 501c(4) operated by former Texas Governor Rick Perry.
Opinion sections are where political realities become unavoidable. The reality is this: many Texas Republicans no longer want cautious institutional Republicans who focus on compromise while Democrats aggressively push cultural and political change nationwide.
They want confrontation. They want resistance. They want politicians willing to fight publicly and relentlessly.
That explains why Paxton continues to maintain strong support despite years of legal and political attacks. Many conservatives interpret those attacks not as proof he should step aside, but as proof he threatens entrenched political interests.
Cornyn, meanwhile, increasingly represents a Republican era many grassroots voters believe failed to defend the border, protect American workers, or stand firmly against Washington’s expansion of power. In today’s Texas Republican politics, that perception may be impossible to overcome.
Council
Ethics Fight Ends in Censure of Councilman Mark Hatley
FATE, TX — The Fate City Council voted last night to censure Councilman Mark Hatley following a contentious ethics hearing that exposed deep divisions among elected officials.
The censure stems from two ethics complaints alleging Hatley improperly disclosed confidential information tied to internal discussions about the potential firing of former Department of Public Safety Chief Lyle Lombard. According to testimony, Hatley shared details with local journalist Michael Pipkins of PipkinsReports.com, including references to recorded conversations with City Manager Michael Kovacs.
The complaint was filed by outgoing councilman Scott Kelley, who played a central role throughout the proceedings and ultimately did not recuse himself and voted in favor of censure.
Monday’s meeting included a formal evidentiary hearing where Hatley, represented by attorney David Dodd, presented a defense and attempted to question fellow council members. The process, however, was repeatedly constrained by legal warnings from City Attorney Jennifer Richie, who advised council members not to answer questions related to Lombard’s termination due to ongoing litigation. That guidance, issued numerous times during the hearing, limited testimony and narrowed the scope of cross-examination.
The council ultimately split along familiar lines. Kelley was joined by outgoing councilman Mark Harper and recalled councilwoman Codi Chinn in supporting the censure. Mayor Andrew Greenberg and Councilman Rick Maneval opposed it, creating a 3–2 divide before the deciding vote was cast. Councilwoman Martha Huffman ultimately sided with the majority, breaking what would have otherwise been a tie, and would have quashed the censure.
Under Texas municipal norms, a censure is a formal statement of disapproval by a governing body against one of its own members. It carries no direct legal penalty, meaning Hatley retains his elected position and voting authority. However, such a reprimand can damage political standing, limit influence within the council, and shape future electoral prospects…if the electorate so decides.
The underlying controversy traces back to the dismissal of Lombard, which has since evolved into a broader legal dispute involving claims of wrongful termination. During Monday’s hearing, repeated references to that litigation underscored the complexity of the case and the limits placed on public disclosure. Richie’s guidance, aimed at protecting the city’s legal position, effectively curtailed testimony that might have clarified key details. Critics argue this dynamic left Hatley unable to fully defend himself against the allegations.
The political context surrounding the vote is difficult to ignore. This was Chinn’s last meeting, as she was recalled from office by the voters, in part due to her involvement in the Lombard matter. Kelley, who initiated the ethics complaint, participated fully in the decision-making process knowing that this was his last meeting. Harper has also been linked in prior discussions about leadership conflicts within city administration, and for he as well, this was his last meeting. Meanwhile, all three have supported recall efforts targeting Hatley, Greenberg, Maneval, and Huffman, for additional recall, along with two new councilmen who will take their seats at the next meeting.
From a procedural standpoint, the meeting reflected a council operating under significant strain. Testimony was fragmented, legal cautions were frequent, and the final vote appeared to follow established political alliances rather than shifting based on evidence presented during the hearing. Even Hatley’s legal representation struggled to gain traction within the constraints imposed by the city’s legal posture.
Opinion
The battle for power in Fate is very real. What unfolded Monday night was not merely an ethics hearing; it was the visible culmination of an ongoing political battle inside Fate’s leadership. When a complainant votes on his own accusation; when key witnesses are effectively shielded from cross examination; when you have councilmen under recall by the very people bringing charges against their opponents; the process begins to look less like a search for truth and more like a managed outcome. It’s cut-throat politics at its worst.
What’s changed due to this Hearing? Essentially, nothing. Hatley gets a political black eye, but that’s about it. The sides were already defined, and the votes exactly as expected. Councilmen whose terms were ending anyway are now gone after delivering one last poke in the eye to their opponents. And the City Manager, who is at the heart of this debacle because of his employee decisions, and his inability to stand up to influence from Council Members… is still employed.
For residents of Fate, the final result is an up-close view into how dirty local politics can get. It diminishes the desirability of the city to new residents, hurts economic growth, and the entire process gives citizens the perspective that their city government is completely dysfunctional.
Disclosure
The author of this article was referenced during the hearing as a recipient of information discussed in the ethics complaints. The reporting above is based on observations of the public meeting and review of the proceedings.
Election
Fate Voters Go Familiar: Robbins Edges McCarthy in Tight Place 3 Race
FATE, TX — Allen Robbins defeated newcomer Melinda McCarthy for Place 3 on the Fate City Council in the May 2, 2026 election, signaling that a slim majority of voters preferred experience over change.
The seat, previously held by Scott Kelley, was open after Kelley declined to seek reelection, setting up a direct contest between Robbins’ prior service and McCarthy’s outsider campaign.
Unofficial results show Robbins winning with 52.22% of the vote, 883 votes, to McCarthy’s 47.78%, 808 votes, out of 1,691 ballots cast. The margin reflects a divided electorate, with nearly half backing a first-time candidate.
Robbins campaigned on experience, but his record on the council became a central issue. Public records show he supported a roughly 5.96 percent property tax rate increase, higher solid waste fees, and a $3 monthly road fee applied broadly to residents.
He also backed zoning changes and approved a 179-unit townhome development, decisions that critics argue contributed to rapid growth and increased density. Some residents have tied those policies to worsening traffic and a perceived decline in quality of life in Fate.
McCarthy’s campaign focused on transparency, responsiveness, and reevaluating growth decisions. Her message resonated with a significant share of voters but fell short against Robbins’ name recognition and governing background.
The results remain subject to canvassing, but Robbins is expected to return to the council as debates over growth, taxation, and infrastructure continue.
Analysis and Commentary
This race underscores a familiar tension in local politics. Voters often voice frustration with growth and rising costs, yet still choose candidates they believe understand the system.
Robbins’ win suggests that, for now, experience outweighs dissatisfaction. But the narrow margin tells a different story beneath the surface.
Nearly half the electorate signaled a desire for change, and those concerns are unlikely to fade. If anything, they will follow Robbins back into office, where the consequences of past decisions, and future ones, will be closely watched.
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