Texas funeral regulator drops legal action against former employees within a week, without providing reason
In an unexpected turn of events, the Texas Funeral Service Commission (TFSC) has dropped its lawsuit against former staff attorneys Sarah Sanders and Christopher Burnett without providing a reason[1]. The lawsuit, which was filed last week with the help of the Attorney General’s Office, accused Sanders and Burnett of violating attorney-client privilege and breaching their legal and ethical duties by publicly criticizing the commission and sharing privileged communications.
The sudden dismissal of the lawsuit comes amidst allegations that the commission was experiencing issues such as relentless employee turnover, poor morale, incompetent inspections, and poor implementation of legislation[2]. Burnett, one of the accused attorneys, had been vocal in his support for former TFSC executive director Scott Bingaman, who was fired in June.
Bingaman, in a letter to commissioners the day before their vote to fire him, accused head commissioner Kristin Tips of unlawfully lobbying for funeral industry bills that could have benefited her own San Antonio funeral business[3]. However, James White, the former TFSC executive director who took over from Bingaman in 2022, stated that there was nothing in the letter that made a case for widespread dysfunction in the commission.
White also denied describing the commission as dysfunctional during his tenure. Instead, he acknowledged that the commission was behind on licensing and dealing with employee turnover when he started, but he worked well with commissioners to improve these issues[4].
The hearing in the case, which was set for Sept. 11, has now been cancelled due to the dismissal of the lawsuit[1]. Requests for comment from the commission, the Attorney General’s office, and the attorneys involved have gone unanswered[1]. Thus, the precise rationale behind the sudden dropping of the suit remains undisclosed publicly.
It is worth noting that the suit was filed on the same day KERA News published the details of cease-and-desist letters the AG sent to Burnett and Sanders last month[5]. The complaint mentioned the lawyers' communications with KERA as alleged violations of their fiduciary duties.
Despite the dismissal of the lawsuit, the controversy surrounding the TFSC continues. Bingaman, who has been vocal in his criticism of the commission, reported Tips to the governor's office multiple times for a "breach of public trust," but the office didn't take action publicly[6].
In a letter, White also made complaints about the commission's resistance to licensing veterans, but he emphasized that the letter did not imply widespread dysfunction[7]. This resistance to licensing veterans was a concern that White raised during his tenure.
The dismissal of the lawsuit against Sanders and Burnett leaves many questions unanswered and the future of the TFSC uncertain. The public awaits further clarification from the commission and the Attorney General’s office regarding the reasons behind the sudden dismissal of the lawsuit.
[1] https://www.texastribune.org/2022/08/12/texas-funeral-service-commission-lawsuit-sarah-sanders-christopher-burnett/ [2] https://www.texastribune.org/2022/08/12/texas-funeral-service-commission-lawsuit-sarah-sanders-christopher-burnett/ [3] https://www.texastribune.org/2022/08/12/texas-funeral-service-commission-lawsuit-sarah-sanders-christopher-burnett/ [4] https://www.texastribune.org/2022/08/12/texas-funeral-service-commission-lawsuit-sarah-sanders-christopher-burnett/ [5] https://www.texastribune.org/2022/08/12/texas-funeral-service-commission-lawsuit-sarah-sanders-christopher-burnett/ [6] https://www.texastribune.org/2022/08/12/texas-funeral-service-commission-lawsuit-sarah-sanders-christopher-burnett/ [7] https://www.texastribune.org/2022/08/12/texas-funeral-service-commission-lawsuit-sarah-sanders-christopher-burnett/
- The dismissal of the lawsuit against Sarah Sanders and Christopher Burnett by the Texas Funeral Service Commission (TFSC) has sparked questions within the broader context of politics, policy-and-legislation, and general-news, particularly amidst allegations of conflicts of interest within the commission.
- The controversy surrounding the TFSC continues, with questions arising about the commission's handling of issues such as employee turnover, poor morale, incompetent inspections, and the implementation of legislation, as well as accusations of unlawful lobbying and resistance to licensing veterans.
- The public is eagerly awaiting further clarification from the commission and the Attorney General’s office regarding the reasons behind the sudden dismissal of the lawsuit, as this event unfolds in the realms of news, government, and politics.
