Councilman Mark Harper walks out of meeting before adjournment.
FATE, TX – The Fate City Council voted late Monday night to waive deliberative privilege, opening the door to the public release of secret audio recordings that may have driven a recall election against Councilwoman Codi Chinn. The decision came after hours of public criticism, procedural friction, and a lengthy executive session with legal counsel.
The meeting, held Monday, February 2, was streamed live by the city and is available on YouTube at: https://www.youtube.com/live/zQVN0i-d8C0 (Embedded Below)
(Source: City of Fate, official meeting broadcast)
Timeline for Readers
- 00:33:52 – Public comments begin, largely focused on the recall election of Councilwoman Codi Chinn.
- 00:56:10 – Councilman Harper interrupts public Comment.
- 00:57:00 – Councilman Harper interrupts public Comment.
- 00:58:00 – Councilman Harper interrupts public Comment.
- 02:21:00 – Executive Session – Council enters closed session to consult with legal counsel.
- 03:22:52 – Council reconvenes in open session.
- Primary motion – Council votes to “waive deliberative privilege”, allowing release of disputed audio recordings.
Public Comment and Visible Strain
Public comments began just after the 33 minute mark and quickly centered on the recall election. Speaker after speaker questioned the conduct of city officials and demanded transparency regarding audio recordings that have circulated privately but remained unavailable to the public.
During one speaker’s remarks, critical of Councilwoman Chinn, procedural tension became visible. Three separate times, Councilman Mark Harper interrupted to remind Mayor Andrew Greenberg that the speaker had exceeded the three-minute time limit. Each time, Mayor Greenberg thanked Harper for the reminder, then directed the speaker to continue.
The exchange stood out. While council rules clearly limit speakers to three minutes, the mayor’s repeated decision to allow the speaker to proceed suggested an effort to avoid the appearance of silencing criticism during a highly charged meeting.
Clarifying the Recordings
Contrary to some early assumptions, the audio recordings at issue were not recordings of executive sessions. Instead, they are one-party consent recordings, the existence of which has been previously reported and alluded to on Pipkins Reports. Their precise origin has not been publicly detailed, but their contents have been referenced repeatedly by both supporters and critics of the recall effort.
Behind Closed Doors
Following the public meeting, the council entered executive session to consult with legal counsel. After about an hour, members returned to open session at approximately 3:22:52 .
The primary motion coming out of that session was to “waive deliberative privilege“. The effect of the vote was to remove a legal obstacle to releasing the secret audio recordings that have been at the center of the controversy.
No excerpts were played, and no conclusions were announced. The council did not rule on the legality of the recordings, nor did it weigh in on the merits of the recall election itself.
Why the Vote Matters
The decision does not resolve the recall of Councilwoman Chinn. It does not validate or refute claims made by either side. What it does is shift the debate away from rumor and secondhand accounts.
According to guidance from the Texas Municipal League, governing bodies may waive certain privileges when transparency is deemed to serve the public interest, particularly when litigation risk is balanced against public trust (Texas Municipal League, Open Meetings Act resources).
Opinion and Perspective
The council’s action was a necessary step. Secret recordings, selectively referenced and strategically leaked, undermine confidence in local government. So does a refusal to confront them directly.
Transparency is not about protecting officials from embarrassment. It is NOT the job of the council to assist the city in concealing information that may be used against it in legal proceedings when the City Manager, or Councilmen, may have done bad things. It is about protecting citizens from manipulation. If the recordings exonerate those involved, their release will restore credibility. If they raise concerns, voters deserve to hear them unfiltered before making decisions in a recall election.
Monday night in Fate did not end the controversy. It ended the excuse for keeping the public in the dark.