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HomeMy WebLinkAboutContract 50310 ?M 42 ,.• 61 RECE1VEpCPCITY SECRETARY FEB 2 3 2018 o CONTRACT NO. ClreOFFORT Cm'SECRF"'R ti� Cause No. D-1-GN-16-001211 S. Ht 6TTY OF FORT WORTH, § IN THE DISTRICT COURT OF TEXAS, § Plaintiff, § V. § 98th JUDICIAL DISTRICT KEN PAXTON, ATTORNEY § GENERAL OF TEXAS, § Defendant. § TRAVIS COUNTY, TEXAS SETTLEMENT AGREEMENT This Settlement Agreement (Agreement) is made by and between Plaintiff the City of Fort Worth, Texas (City) and Defendant Ken Paxton, Attorney General of Texas (Attorney General). I. BACKGROUND This is a lawsuit under the Public Information Act (PIA), Texas Government Code chapter 552, by which the City sought declaratory relief from an open records ruling of the Attorney General. The ruling required the City to release information it claimed was subject to the attorney-client privilege as the City did not comply with procedural requirements of section 552.301. See Tex. Att'y Gen. OR2016- 05261; Tex. Gov't Code § 552.301. Consequently, the requested information was presumed open to public disclosure unless a compelling reason exists to withhold the information. See Tex. Gov't Code § 552.302. The ruling concluded the City failed to demonstrate a compelling reason to withhold the privileged information from disclosure and must release the information to the requestor. During the pendency of the lawsuit, the Texas Supreme Court issued the Settlement Agreement OFFICIAL RECORD Cause No. D-1-GN-16-001211 Page 1 of 4 CITY SECRETARY FT.WORTH,TX decision, Paxton v. City of Dallas, which held "a `compelling reason' to withhold confidential attorney-client communications exists and, absent waiver, rebuts the presumption that the information protected by the privilege is `subject to required public disclosure."' Paxton v. City of Dallas, 509 S.W.3d 247, 267-68 (Tex. 2017). Consistent with the Paxton decision, the parties agree that portions of the requested information are attorney-client privileged communications and may be withheld from the requestor pursuant to Paxton v. City of Dallas and Texas Government Code section 552.107. Pursuant to section 552.325(c) of the Texas Government Code, the Attorney General may enter into a settlement that allows all or part of the information at issue in'this lawsuit to be withheld. The parties agree to the following terms. II. TERMS For good and sufficient consideration, the receipt of which is acknowledged, the parties agree and stipulate that: 1. Pursuant to Texas Government Code section 552.107 and Paxton v. City of Dallas, 509 S.W.3d 247 (Tex. 2017), the City must withhold the attorney- client communications from the requestor in accordance with the markings on the representative sample pages CFW-0001 through CFW-0048 and CFW-0050 through CFW-0063, which were produced to the Attorney General under the March 1, 2017 Agreed Protective Order. 2. The Attorney General agrees to notify the requestor, as required by Texas Government Code section 552.325(c), of the proposed settlement and of her Settlement Agreement Cause No. D-1-GN-16-001211 Page 2 of 4 right to intervene to contest the City's right to withhold the information. If the requestor intervenes to contest the City's right to withhold the information at issue, the terms of a final judgment entered in this lawsuit after a requestor intervenes shall prevail over the terms of this Agreement. 3. The City and the Attorney General agree to the entry of an agreed final judgment, the form of which has been approved by each party's attorney. 4. Each party to this Agreement will bear their own costs, including attorney fees relating to this litigation. 5. The terms of this Agreement are contractual and not mere recitals, and the agreements contained herein and the mutual consideration transferred is to compromise disputed claims fully, and nothing in this Agreement shall be construed as an admission of fault or liability, all fault and liability being expressly denied by all parties to this Agreement. 6. The City warrants that its undersigned representative is duly authorized to execute this Agreement on its behalf and that'its representative has read this Agreement and fully understands it to be a compromise and settlement and release of all claims that the City has against the Attorney General arising out of the matters described in this Agreement. 7. The Attorney General warrants that his undersigned representative is duly authorized to execute this Agreement on behalf of the Attorney General and his representative has read this Agreement and fully understands it to be a compromise and settlement and release of all claims that the Attorney General has Settlement Agreement Cause No. D-1-GN-16-001211 Page 3 of 4 against the City arising out of the matters described in this Agreement. 8. This Agreement shall become effective, and be deemed to have been executed, on the date on which the last of the undersigned parties sign this Agreement. AGREED: Date: Z l 4'1 6:" Date: Oz / 0 / 000 HARVEY L: YE, J ROSALIND 1, UNT State Bar No. 0079 50 State Bar No. 24067108 Assistant City Attorney Assistant Attorney General City of Fort Worth Administrative Law Division Office of the City Attorney Office of the Attorney General of Texas 200 Texas Street P.O. Box 12548, Capitol Station Fort Worth, Texas 76102 Austin, Texas 78711-2548 Telephone: (817) 392-7600 Telephone: (512) 475-4166 Facsimile: (817) 392-8359 Facsimile: (512) 457-4677 Harvey.Frye@fortworthtexas.gov Rosalind.Hunt@oag.texas.gov ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT CITY OF FORT WORTH ATTORNEY GENERAL OF TEXAS AMMd by. � OF Fo�� Susan Alanis �, "O Assistant City Manager r, ty 5 Settlement Agreement Cause No. D-1-GN-16-001211 Page 4 of 4 OFFICIAL RECORD CITY SECRETARY ,TX