We requested information through the Texas Public Information Act (TPIA) from the Texas Commission on Law Enforcement (TCOLE) and it is either fabricated or something strange is going on with licensing.
Specifically, we requested the appointment document (L-1) for Jeffrey B Barnett’s Telecommunications Operator license. The following was provided by TCOLE:
We received the L-1, but it is not signed and the form is dated 11/04/2014. Is this the proper form? He was received a license for 12/2/2013.
So, we have a license from December 6, 2013. An “unsigned,” application for a NEW LICENSE, on a form from November 04, 2014. Is it the right form? Is this a form of records tampering? Per TCOLE the signed document would be with the appointing agency; however, is there still a concern of tampering?
Below, also received from TCOLE, is the latest audit from the City of Kyle; which was conducted by TCOLE. The Audit occurred on or about April 18, 2017. On May 18, 2017, Jeffrey B Barnett (the Chief Administrator, as designated by TCOLE) certified that all deficiencies from the Audit have been corrected.
This would mean, the Police Chief would have all of his required documents.
The new license would require the Police Chief to have the following documents:
The “*” are listed as follows (and can be compared to the missing documents, identified in the audit, above):
Here are a few requests we have made to the City of Kyle AFTER the date the Police Chief claimed the records would be available:
The above requests are a sample and not all the requests made, but most of the request made, which have been repetitive and reworded, still return as “NO RECORDS EXIST.”
Not having required records is a potential criminal matter. Specifically, it is a potential violation of Texas Penal Code (TPC) 37.10. If the records exist and they are not being released then it is a form of concealment; which falls under the same statue. If the records are made for a false purpose, it is also a potential violation:
The Texas Administrative Code (TAC) or Rule, at the time of application to the Telecommunications Operator Certification is as follows (for admission into the program):
Such certification of minimum standards is identified by the Texas A&M Engineering Extension Service (TEEX) is represented in the following TPIA from TEEX:
However, in order to be issued the license from TCOLE, the following was required at the time of application with the Commission:
As one may notice, item (8) within the document above, one must be subject to a “background investigation,” as identified within the TAC. The definition at the time of the rule, of background investigation, is as follows:
At the time of initial hire, the employment standards of TCOLE were BELOW the standard which was effective on or about January 17, 2013. This would mean, that anyone obtaining a NEW LICENSE would be subject to the NEW STANDARD and be REQUIRED to have the following items on file with their employer:
One may notice many of the requests made to the City of Kyle were for documents or information which would be required to be retained by the City, as it relates to the new standards created in the year 2012. There is nothing in Rule that states the previous requirements are grandfathered. There is an audit confirming the requirements. There is a confirmation the documents exist. Finally, there are requests showing the documents do not exist.
This has been referred to the City Attorney for consideration and review. All information receive is PUBLIC GOVERNMENT RECORD and was received through the LAWFUL process of TPIA. The individual the publishing is on, is a high level public official.
We even received a letter, certifying the records DO NOT EXIST, from the City Secretary:
The items listed as “full release,” did not contain much information, as indicated in the screenshots of the requests, above.