Texas Attorney General Ken Paxton's office sent two former employees with the state鈥檚 funeral regulatory agency cease-and-desist letters days after they spoke with 四虎影院 about their experiences, according to letters the attorneys shared.
The Texas Funeral Service Commission fired attorneys Christopher Burnett and Sarah Sanders along with deputy director Laura Rhinehart on July 21. Burnett and Sanders said none of them were given cause for their firings, but they believe it was due to their support for TFSC鈥檚 former Executive Director Scott Bingaman and his allegations of wrongdoing by commissioners.
The two letters shared with 四虎影院 were addressed to Sanders and Burnett and dated July 30, two days after the news of their firings broke. It states the Office of the Attorney General and TFSC have been made aware of Burnett and Sanders鈥� communications with the press, which breaches their 鈥渓egal and ethical obligations to TFSC regarding its confidential and privileged information.鈥�
鈥淎s an attorney licensed by the State of Texas and an officer of its courts, you have continuing ethical and legal obligations to your former client, TFSC, which did not cease when your employment with TFSC did,鈥� the letters read. 鈥淵our breaches of your ethical and legal obligations to TFSC, while employed with TFSC and after, have been thoroughly documented.鈥�
The letters are signed by Steven Ogle and Canon Hill, assistant attorneys general with the administrative law division of the OAG. The attorney general鈥檚 office is currently representing TFSC in a lawsuit Bingaman filed against the agency over his firing. The OAG did not respond to questions from 四虎影院 about the letters.
Burnett said he鈥檚 not aware of any continuing obligations to the commission. While he could be bound by attorney-client privilege, he said none of the limited conversations he鈥檚 had with commissioners were protected attorney-client communications because he wasn鈥檛 TFSC鈥檚 general counsel.
鈥淚t's a scare tactic,鈥� Burnett said. 鈥淎nd they don't seem to like whistleblowers much.鈥�
Early tensions
Bingaman hired Sanders, who joined TFSC in October, and Burnett, who joined in May. The commission has a small, overworked staff, Sanders said. For months, she was the only attorney on staff, chipping away at the commission鈥檚 case backlog.
鈥淭hey need at least one designated enforcement attorney,鈥� Sanders said. "I don't think it was fair to licensing, or enforcement, or the executive director to all be fighting over who got to use me on a daily basis.鈥�
Burnett said Bingaman told him he鈥檇 be TFSC鈥檚 head attorney, but that title was ultimately given to Assistant Attorney General Helen Kelley.
State law requires the attorney general鈥檚 office to to represent the commission in legal matters, but Burnett said that鈥檚 just limited to litigation 鈥� meaning lawsuits. The law doesn鈥檛 prevent TFSC from hiring its own general counsel, Burnett said, but commissioners were opposed to that idea.
Sanders alleges Tips and Kelley wanted to limit the agency鈥檚 legal team to OAG employees, and that played a role in Bingaman鈥檚 firing in June.
鈥淚t became clear to me at that point that Miss Kelley was planning to perhaps take over my work,鈥� Sanders said. 鈥淚 kind of saw the writing on the wall there, because they knew I had supported Scott.鈥�
A spokesperson for the law firm representing Bingaman did not respond to questions sent by 四虎影院.
Going public
While he was with the agency, Burnett Bingaman when the latter alleged Tips was unlawfully using state resources to lobby for bills in the Texas Legislature that would directly benefit her and her husband鈥檚 funeral business, Mission Park Funeral Chapels, Cemeteries, and Crematories in San Antonio.
The Tipses have faced a series of lawsuits over allegations that Mission Park of a San Antonio mother, and
Tips testified on 鈥� not for or against 鈥� in the and . The bill would have limited noneconomic damages in lawsuits against funeral service providers to $250,000.
The bill passed in the Senate and was heard in the House Public Health Committee but did not make it to a full House vote. Bingaman also testified in the Senate.
Sanders, too, said she raised concerns to Tips about using TFSC resources to lobby.
"I had told her a while back that we don't advocate, we regulate, that we can't support tort reform as an agency,鈥� Sanders said. 鈥淎nd I started sensing some hostility from her, especially after that.鈥�
Bingaman's lawsuit, filed July 2, alleges Tips violated lobbying rules in the and the He said Tips misled him, and he made multiple reports about her conduct to the governor's office toward the end of the legislative session.
四虎影院 reached out to Tips and the commission for comment. In an answer to the suit filed last week, the attorney general's office said Bingaman needs to complete TFSC's employee grievance process before suing.
Both Sanders and Burnett said Texas Department of Public Safety troopers walked them and deputy director Rhinehart out of the building the day they were handed their termination letters. They said representatives with the attorney general's office were also present.
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