The Texas Funeral Service Commission is suing two ex-staffers to prevent them from further discussing allegedly confidential details of employee communications and legal matters after they publicly spoke about their firings and accused TFSC leaders of wrongdoing and agency mismanagement.
According to a lawsuit filed in Travis County court Thursday, ousted TFSC staff attorneys Sarah Sanders and Christopher Burnett violated attorney-client privilege by accusing their former employer of wrongdoing in the media and sharing privileged communications involving TFSC and the Texas Attorney General's Office, which represents the commission in litigation.
"Defendants Burnett and Sanders owed respective fiduciary duties to TFSC while they were employed as staff attorneys for TFSC as well as after they were terminated," the suit reads.
The suit came the same day KERA News published the details of cease-and-desist letters the OAG sent to Burnett and Sanders last month. The suit mentioned the lawyers' communications with KERA as alleged violations of their fiduciary duties.
Interim Executive Director Maria Haynes signed an affidavit affirming the details of the suit.
KERA News has reached out to the commission and the OAG for comment and will update this story with any response. Burnett and Sanders declined to comment.
The attorneys have been outspoken in their support for former TFSC executive director Scott Bingaman, who was fired June 18 — the day after he wrote commissioners a letter accusing head commissioner Kristin Tips of illegal lobbying and decrying "rot" within the agency that he said extends beyond Tips' tenure.
Bingaman specifically alleged Tips used commission resources to lobby for bills in the Texas Legislature this year that could have benefited her San Antonio funeral business, which has been sued multiple times over its handling of human remains. Tips has not responded to requests for comment on those allegations.
After the vote to fire Bingaman and his "verbal outburst," according to the suit, two Texas Department of Public Safety troopers escorted Bingaman to the elevator. According to the suit, when one of the troopers wanted to speak with Bingaman before they went upstairs, Sanders allegedly told the trooper, "Make sure you do it with his counsel," pointing at Burnett.
The suit states Burnett represents TFSC, not Bingaman as an individual, but Burnett allegedly did not correct Sanders' misrepresentation and instead said what his "actual client" TFSC was doing to Bingaman was "illegal." Burnett previously told KERA News he was not TFSC's general counsel, and therefore any limited conversations he's had with commissioners are not protected by attorney-client privilege.
As Bingaman was escorted out, Sanders allegedly asked troopers, "What are y'all going to do about their violation of the Open Meetings Act, which is in violation of the Penal Code?" Bingaman alleged in his July 2 lawsuit that commissioners violated the Texas Open Meetings Act by discussing his termination in closed executive session after he requested in writing that the discussion happen in an open meeting.
The attorney general's office also alleges Sanders and Burnett were witnessed recording conversations and interactions between commission members and staff to gather evidence for Bingaman's suit against the state.
In a meeting July 21, commissioners said they fired Bingaman for his "lack of candor" and poor communication and leadership, among other things. That same day, Burnett and Sanders were fired, which they alleged was because of their backing of Bingaman's claims against the commission.
After his firing, Burnett blamed TFSC for the issues commissioners attributed to Bingaman's tenure: "relentless employee turnover and firings, bad morale, incompetent inspections, and inept or non-existent implementation of legislation."
The commission is seeking a temporary injunction and restraining order preventing Sanders and Burnett from making comments that expose the commission to liability, sharing confidential information and otherwise undermining the ongoing lawsuit filed by Bingaman filed.
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