We're the clients: The public has a right to see the HCC investigation report that it paid for | Editorial | Chron.com - Houston Chronicle

Houston Community College trustees will receive an investigatory report today resulting from a $335,000 legal probe by a Houston law firm of possible conflicts of interest involving a current and a former trustee and HCC vendors. A year in the making and paid for by taxpayer dollars, it should be swiftly released to the public.

The Houston Chronicle previously filed a freedom of information request with HCC for all documents relating to the investigation conducted by the Smyser, Kaplan & Veselka law firm, including a report to Harris County District Attorney Pat Lykos on possible criminal violations. Lykos subsequently declined to pursue those leads.

In response to the Chronicle request, HCC lawyers asked Texas Attorney General Greg Abbott for an opinion on whether they could withhold materials pertaining to the investigation on the grounds it was shielded by attorney-client privilege. That request is pending. Until today, neither trustees nor HCC Chancellor Mary Spangler have been informed of the investigation's findings.

The probe centers on possible conflicts of interest involving former trustee Abel Davila, who left the board after declining to run for re-election, and current trustee Yolanda Navarro Flores.

As the Chronicle's Ericka Mellon reported, a company linked to Flores, Full Moon Builders, received subcontracting work on painting and fencing projects for the district. The firm has the same address as Flores' address on Irvington and is registered to a Larry Flores, the name of both her husband and son.

As board president, Davila voted for a $1.5 million HCC painting contract with J's Quality Construction. The business is headed by a friend and former employee of Davila.

In April 2010, Spangler signed a contract with Smyser, Kaplan & Veselka to look into the allegations and make recommendations within a month. The contract specified that all findings would be shielded by attorney-client privilege and kept confidential. That month has stretched out to almost a year, following firm partner Larry Veselka's request for permission to forward evidence the probe uncovered to the district attorney.

In a visit with the Chronicle Editorial Board, HCC Board Chair Richard Schechter justified withholding the material that was given to the DA because it was part of a potential criminal investigation by law enforcement. He said, however, that he will recommend release of the law firm's final report next week after the board has considered what, if any, action to take. By law, the board cannot remove trustee Flores from office, and the most stringent action it can take is censure. They've already done that once. Flores was censured by fellow board members last fall for making unfounded allegations that Spangler and a top deputy tried to profit from HCC's international expansion.

Even if the board takes no action, the chairman supports making the report public. "The board is trying very hard to enforce higher ethical standards and to do things in the most ethical way possible," says Schechter. "I think it would be very unfortunate if there was unethical conduct and the nature of that conduct wasn't made public."

We strongly urge trustees to support that position. The report may point out problems, or it may find no improprieties on the part of Flores and Davila. In either case, the public paid for the investigation and deserves to know all the findings.