Terrell County Sheriff Thaddeus Cleveland has not released public records detailing how his office spent taxpayer funds from Operation Lone Star and Operation Stonegarden, despite written guidance from the Texas Attorney General requiring lawful fee calculation and production of the records.
The records were requested under the Texas Public Information Act (TPIA) and seek routine expense documentation for calendar years 2023 and 2024 related to the two border security grant programs. These records are required to be maintained by counties and are routinely produced in response to public information requests across Texas.
Although Sheriff Cleveland has publicly characterized the dispute as a matter of staffing, fairness, or alleged misrepresentation, the documentary record — including correspondence from the Office of the Attorney General (OAG) — shows that the sheriff’s office has not complied with statutory requirements.
Other Counties Resolved the Same Issue and Released Records
Identical public records requests were submitted to Presidio County and Brewster County.
In both counties, there was initial uncertainty at the sheriff’s office level about how the Texas Public Information Act applied. In each case, the county attorney reviewed the request, explained the law, and confirmed that:
- the records were subject to disclosure, and
- the obligation to produce them rested with the county itself, not another state agency.
After that clarification, both counties released the requested records, without imposing excessive fees, requiring in-person inspection, or escalating the matter to the Attorney General.
Terrell County did not follow that process.
Sheriff’s Initial $600 Demand Rejected by Attorney General
Sheriff Cleveland initially demanded $600 to produce the records, citing labor costs calculated at $25 per hour, including payroll taxes, insurance, and pension expenses.
The requestor challenged the demand, and the matter was reviewed by the Texas Attorney General’s Open Records Division, which issued a written determination finding the sheriff’s response noncompliant with the Texas Public Information Act.
In its letter, the Attorney General stated:
“The sheriff’s office did not provide the requestor with a cost estimate that complies with section 552.2615 of the Government Code.”
The letter further explained that when charges are expected to exceed $40, a governmental body must first provide a lawful, itemized written estimate and allow the requestor to respond before proceeding.
The Attorney General also made clear that:
“A governmental body may not recover more than the amount allowed by the OAG’s cost rules.”
Under Texas Administrative Code § 70.3, clerical labor is capped at $15 per hour, and payroll taxes, benefits, and pension costs may not be included in public records fees.
Revised Charge Letter Still Fails to Comply
After receiving the Attorney General’s determination, Sheriff Cleveland issued a revised letter demanding $120, calculated as eight hours of labor at $15 per hour, and requiring that a bond be posted before work would begin.
However, the Attorney General’s guidance did not authorize the sheriff’s office to proceed in that manner.
Under the TPIA, once the improper charges were rejected, the sheriff’s office was required to either:
- issue a lawful invoice capped at $40 and produce the records, or
- provide a compliant, itemized estimate demonstrating why higher charges were legally justified.
The revised charge letter did neither. It did not include a compliant invoice, did not justify exceeding the statutory threshold, and did not result in production of the records.
In-Person Inspection Not Required Under the Law
Sheriff Cleveland has repeatedly suggested that the records could be reviewed in person at the sheriff’s office.
The Texas Public Information Act does not require in-person inspection when records exist electronically. To the contrary, the Act requires governmental bodies to provide records in the requested format when it is practical to do so.
The records at issue are maintained electronically for grant administration, reimbursement, and reporting purposes. Electronic delivery is both practical and consistent with the law.
The requestor has not sought in-person inspection.
Public Statements Conflict With Attorney General Findings
In public comments, Sheriff Cleveland has suggested that the dispute stems from incomplete or inaccurate accounts and has portrayed the requestor as acting in bad faith.
Those statements are contradicted by the Attorney General’s written determination, which identifies specific statutory violations and directs corrective action.
The dispute is governed by statute, not by subjective characterizations. The Attorney General’s findings are matters of public record.
Public Funds and Public Accountability
The requested records concern state and federal taxpayer funds allocated to Terrell County under border security grant programs. The Texas Public Information Act exists to ensure transparency in exactly this type of spending.
The Attorney General emphasized that governmental bodies may not:
- inflate fees to discourage access,
- impose unauthorized procedural barriers, or
- delay production without lawful justification.
Other rural counties, facing the same legal questions, complied after clarification from their county attorneys.
Credibility and Institutional Responsibility
Sheriff Cleveland has cultivated a national media profile as a commentator on border security and immigration issues. That visibility heightens the importance of accurate and lawful administration of his own office.
The Texas Public Information Act governs basic administrative responsibilities applicable to every sheriff’s office in Texas. When an agency continues to misapply that law after formal guidance has been issued, the public is entitled to question institutional judgment.
Expertise in public service is demonstrated through compliance with the law, not rhetoric.
What Has Not Changed
As of January 31, 2025:
- Terrell County has not released the requested records;
- the sheriff’s office has not issued a compliant invoice capped at $40 or otherwise justified higher charges; and
- the Attorney General’s guidance has not been fully implemented.
What Comes Next
Under the Texas Public Information Act, continued noncompliance may be referred back to the Attorney General for enforcement.
Big Bend Times will continue to seek the records and report on whether Terrell County ultimately complies with the law.
Transparency is not optional. It is required.
