HOUSTON -- Metro's top lawyer was fired in part because she held meetings after-hours at the agency's offices for a charity golf tournament named in memory of her dead son, according to a document in former general counsel Pauline Higgins' personnel file.
Metro also accused Higgins in the report of giving Metro jobs to people who also helped out with the golf tournament. But one of the four people referenced told Texas Watchdog Tuesday that he's been doing legal work for Metro since well before Higgins arrived at the agency. Another one of the four was hired as a summer intern, not as a full-time permanent employee.
Higgins' February termination came to light around the same time Metro was accused of shredding records that had been sought through a public records request. Higgins has said through her lawyer that she feels she was fired because she had pushed for rules on when the agency could and couldn't destroy records.
The transit agency says Higgins violated Metro's policies governing charitable solicitation and conflicts of interest, according to a December investigation report. The report largely focused on allegations that Higgins' overbearing management style led to high turnover in Metro's legal department.
According to the report:
Pauline held four (4) meetings for the Higgins Golf Tournament Committee (see attached) at Metro during afterhours where she used lighting and A/C. She also used Metro's computer and employees to assist during their working hours at Metro. (See Attachment #3)
Pauline hired/used people that are on her Higgins Golf Tournament Committee; [Name redacted] is an attorney at Metro, Kurt Lyn's son was a summer intern and was paid for the summer, and Marty Wickliff (Wickliff Firm) has done work for Metro. [Name redacted] was Pauline's EA; she fired her and had her escorted off the property by the police as I was told by Helen. (See Attachment #4&5)
These are violations of the Solicitation and Distribution and the Conflict of Interest guidelines. (See Attachments #6&7)
Marty Wickliff, a partner with Epstein Becker Green Wickliff & Hall PC, said he has made donations to Higgins' golf tournament, beginning more than 10 years ago, and that his law firm has done contract legal work for Metro. But he said had been doing legal work for Metro before Higgins was hired at the transit agency. Higgins was hired in August 2008.
The summer intern, the son of local lawyer Kurt Lyn, was paid $1,200 every two weeks, according to a letter appended to the December report. Texas Watchdog communicated with the father of the intern by e-mail, but was unable to reach Lyn for an interview by the deadline for this story.
It's unclear how much the other named workers were paid, or whether they were hired before or after working on Higgins' golf tournament.
The golf tournament is aimed at supporting research and education to help people with congenital heart defects like the one that felled Higgins' son Nicholas. Higgins has worked on the philanthropic effort since 1999.
"She has a high degree of integrity," Wickliff said. "And I have the utmost respect for Pauline Higgins."
Metro had not shown Higgins the December report before firing her in February and releasing it to the public, Higgins' lawyer Rusty Hardin said. He said it seemed curious that the agency would launch an investigation into her actions and compile a report, but never give her a chance to answer the charges.
"She was never given an opportunity to respond to those things," Hardin said. "You know, her feelings are pretty hurt by the time she reads what people were saying, but she doesn't know who said what."
A man who answered Higgins' home phone referred all questions to Hardin. Hardin said Higgins had reviewed the report over the weekend, but he hadn't had a chance to talk with her about it.
Metro declined to answer questions concerning the December report, even though officials had released it to the public Thursday and showcased it in a meeting with the Houston Chronicle editorial board Friday.
A Metro spokeswoman declined a reporter's request for an interview with Rosalyn West, who authored the December report, or with M. Helen Cavazos, human resources vice president.
"We've said all that we're going to say as far as personnel issues," spokeswoman Raequel Roberts said Monday.
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