Funeral commission in Texas takes legal action against former employees over public claims, accused of secretly taping discussions
The Texas Funeral Service Commission (TFSC) has filed a lawsuit against former staff attorneys Sarah Sanders and Christopher Burnett, accusing them of violating their legal and ethical duties by publicly accusing the agency of wrongdoing and sharing privileged communications[1][5]. The commission, represented by Texas Attorney General Scott Bingaman, filed the suit in Travis County, seeking injunctions to prevent further public statements and sharing of confidential information, claiming these actions exposed the agency to liability and undermined ongoing litigation[1][3].
The legal dispute stems from internal tensions within the TFSC, which led to the dismissals of Sanders, Burnett, and deputy director Laura Rhinehart on July 21[3]. Sanders was the only attorney on staff for months and voiced concerns about inadequate legal resources within the commission. Burnett was reportedly promised a lead attorney role by former executive director Scott Bingaman but the official title went to an Assistant Attorney General, Helen Kelley, leading to disputes over the agency’s legal representation structure[3].
Following their dismissals, Sanders and Burnett publicly criticized the commission and its leadership, accusing the agency of mismanagement and wrongdoing, which triggered cease-and-desist letters from the Attorney General’s Office for alleged violations of fiduciary duties[1][3]. These public allegations and the sharing of information with media outlets such as KERA News were central to the commission’s legal claims.
However, after less than a week, the Texas Funeral Service Commission dropped the lawsuit against Sanders and Burnett without explanation, despite having scheduled a hearing later in September to seek temporary restraining orders[1][5].
The lawsuit mentions that Sanders and Burnett shared privileged communications involving the TFSC and the Texas Attorney General’s Office, and recorded conversations with commission members and staff for Bingaman’s lawsuit[1][5]. Burnett blamed TFSC for issues commissioners attributed to Bingaman’s tenure, such as relentless employee turnover and inept inspections[1]. Sanders allegedly accused commissioners of violating the Texas Open Meetings Act during Bingaman’s escort[1].
The commission is seeking a temporary injunction and restraining order against Sanders and Burnett to prevent them from exposing the commission to liability, sharing confidential information, and undermining the ongoing lawsuit Bingaman filed[1]. Bingaman was fired for "lack of candor" and poor communication and leadership, according to commissioners[1].
Interim Executive Director Maria Haynes signed an affidavit affirming the details of the suit[1]. No response has been received from Kristin Tips, the head commissioner, regarding Scott Bingaman’s allegations[1]. Burnett previously stated he was not TFSC’s general counsel, implying that his conversations with commissioners may not be protected by attorney-client privilege[1].
References: [1] https://keranews.org/post/texas-funeral-service-commission-sues-former-attorneys-over-alleged-breach-of-fiduciary-duties [2] https://www.texastribune.org/2021/08/05/texas-funeral-service-commission-lawsuit-sarah-sanders-christopher-burnett/ [3] https://www.houstonchronicle.com/news/article/Texas-funeral-service-commission-sues-former-16373814.php [4] https://www.dallasnews.com/news/state/2021/08/05/former-texas-funeral-service-commission-staffers-accused-of-breaching-fiduciary-duties-in-lawsuit-from-their-former-employer/ [5] https://www.kxan.com/news/local/austin/texas-funeral-service-commission-sues-former-attorneys-sarah-sanders-christopher-burnett/ [6] https://www.statesman.com/news/20210805/texas-funeral-service-commission-sues-former-attorneys-over-alleged-breach-of-fiduciary-duties
