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A festive gathering Dallas Mayor Tom Leppert hosted Monday evening helped top city officials usher in the holiday spirit - but may also have violated the spirit, if not letter, of the Texas Open Meetings Act, two city council members say. All Dallas City Council members were invited to the unpublicized and invitation-only event, which was held at real estate developer Ross Perot Jr.’s condominium in Dallas’ W Hotel. City Manager Mary Suhm and her assistant city managers, City Attorney Tom Perkins, City Auditor Craig Kinton and City Secretary Deborah Watkins were among other invitees, the mayor's office confirmed. Mr. Leppert says the event is purely social, and therefore, doesn’t violate state law. “All this is seeing people and wishing them a happy holidays. It’s 110 percent social,” Mr. Leppert said. “It’s just a chance for me to get everyone together and say thanks.” The gathering is funded by Mr. Leppert’s private officeholder account, not taxpayer money, said Chris Heinbaugh, Mr. Leppert’s chief of staff. Asked if Dallas Morning News reporters could attend, Mr. Heinbaugh said no. District 13 council member Mitchell Rasansky says he’s boycotting the event because he doesn’t expect his colleagues would categorically refrain from discussing public business or policy while there. He’s also questioned the appropriateness of conducting the event at a residence of Mr. Perot. A previous council granted his company tens of millions of dollars in public subsidies to help build Dallas’ Victory development, of which the W Hotel is part. “It’s not right -- it should have been posted publicly. The perception of the public will be that they shouldn’t have had it there,” Mr. Rasansky said of the holiday gathering. “I appreciate what the mayor is doing. But I think it’s a mistake … We all want to be transparent, and we should be transparent. I would have gone to the party if it was at a regular restaurant and posted.” District 2 council member Pauline Medrano also expressed reservations, saying, “If everyone on the council is invited, it probably should have been posted.” Mr. Perot could not immediately be reached for comment. The Texas Open Meetings Act requires public notification of and access to council gatherings where there is both a quorum -- half the body’s membership plus one -- and “public business or public policy over which the governmental body has supervision or control is discussed or considered.” But the act allows a council quorum to meet in private and without public notification if the event is “a social function unrelated to the public business that is conducted by the body.” Also exempted are gatherings such as “a regional, state, or national convention or workshop, ceremonial event, or press conference, if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event, or press conference,” according to the act. Given this provision, Mr. Perkins and several council members interviewed Monday said they’re not concerned about Mr. Leppert’s gathering falling outside legal bounds. “I am going and business more than likely will not be discussed. It’s purely a social function in my opinion,” District 9 Council member Sheffie Kadane said. Mr. Kadane added that he wasn’t concerned that the event will occur at a Perot residence. Deputy Mayor Pro Tem Dwaine Caraway said he hadn’t considered that the event would draw a quorum of the City Council. He noted that a quorum of the council regularly attends social events, such as Monday’s 70th anniversary luncheon for the Dallas Citizens Council. District 14 council member Angela Hunt, who said she wouldn’t be able to attend the party, said the presence of a quorum would not be an issue for her as long as city business wasn’t discussed. Said Mr. Heinbaugh: “We’ve made it clear to everyone on the council that business will not be discussed. Basically, no shop talk.” dlevinthal@dallasnews.com or rbush@dallasnews.com Holiday party for city's top officials may violate law
09:29 PM CST on Monday, December 3, 2007