HomeMy WebLinkAboutResolution 4613-04-2016 A Resolution
NO. 4613-04-2016
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT WORTH V. KEN
PAXTON, ATTORNEY GENERAL, CAUSE NO. D-1-GN-16-001211 FILED IN
TRAVIS COUNTY DISTRICT COURT PURSUANT TO CHAPTER 552 OF THE
TEXAS GOVERNMENT CODE
WHEREAS, the City of Fort Worth (the "City") through its City Attorney is
authorized pursuant to Chapter 552 of the Texas Government Code (the Public
Information Act) to file lawsuits to enforce the provisions of the Texas Government
Code that allow the City to withhold information that is confidential by law; and
WHEREAS, the Attorney General of Texas has ruled that the City must release
certain information under the Texas Public Information Act; said information relating to
attorney-client privileged communications between an Assistant City Attorney and City
staff in the course of providing legal services; and
WHEREAS, a portion of such information is believed to be confidential under
Sections 552.101 and 552.107 of the Texas Government Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1. That the City Attorney is authorized and directed to effect all necessary legal
action to enforce the provisions of Chapter 552 of the Texas Government Code,
and specifically to file suit against Ken Paxton, Texas Attorney General, to
enforce the provisions of the Texas Government Code allowing the City to
withhold privileged information from public disclosure, to wit, attorney-client
privileged documents that are responsive to City of Fort Worth Open Records
Request Number W047075.
2. The filing of the lawsuit against the Attorney General in Travis County District
Court (Cause No. D-1-GN-16-001211) is hereby ratified.
Adopted this 5th day of April, 2016.
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ATTEST: O
By: 000°'a°ao as°a ¢ XY
Mary ay er, City Secretary � �� v
ORT WORT
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/5/2016 - Resolution No. 4613-04-2016
DATE: Tuesday, April 05, 2016 REFERENCE NO.: **G-18712
LOG NAME: 12CITY PAXTON LAWSUIT
SUBJECT:
Adopt a Resolution Ratifying the City's Lawsuit Entitled City of Fort Worth v. Ken Paxton, Attorney General,
Cause No. D-1-GN-16-001211 Pursuant to Chapter 552 of the Texas Government Code (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution ratifying the filing of the lawsuit
entitled City of Fort Worth v. Ken Paxton, Attorney General of Texas Cause No. D-1-GN-16-001211.
DISCUSSION:
On November 4, 2015, the City received a public information request (CFW Open Records Request
W047075) that sought the release of numerous City e-mails, including a number of e-mails between City
attorneys and City staff members that are considered confidential under the attorney-client privilege.
Because of the volume of a-mails involved in this matter, City staff failed to meet the statutory deadline for
responding to the request. As a result, the Attorney General ruled that the attorney-client privilege was
waived and that the City must release even the a-mails that were otherwise protected by the
privilege. The City Attorney's Office believes that the attorney-client privilege can only be affirmatively
waived by the client, and that failure to meet a deadline for responding to a public information request
alone does not meet this standard.
In order to preserve the City's right to withhold confidential information that is subject to the attorney-client
privilege, the City's only recourse is to file suit against the Attorney General seeking a judicial
interpretation of the law on this matter. In fact, this specific issue has arisen in other cities recently and is
currently pending before the Texas Supreme Court.
Because of additional deadlines set forth in the Texas Public Information Act, the City Attorney's Office
proceeded to suit against the Attorney General on March 18, 2016. Due to the City Council's meeting
calendar for the month of March, it was not possible to seek City Council action on this matter prior to that
date. As a result, the City Attorney now seeks ratification by the City Council of this action.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of this Agreement will have no material effect on the Fiscal
Year 2016 Budget. While no current year impact is anticipated from this action, any effect on
expenditures and revenues will be budgeted in future fiscal years and will be included in the long term
forecast.
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FUND IDENTIFIERS (FIDs):
TO
Fund Department ccounj Project �Program ctivity Budget Reference # mounl
ID ID Year (Chartfield 2)
FROM
Fund Department ccounj Project �Program ctivity Budget Reference # mount
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Sarah Fullenwider (7623)
Additional Information Contact: Paige Mebane (7618)
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