HomeMy WebLinkAboutResolution 3918-09-2010A Resolution
NO 3919-09-2010
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT
WORTH, AND TARRANT COUNTY CRIMINAL DISTRICT
ATTORNEY'S OFFICE V GREG ABBOTT, ATTORNEY
GENERAL OF TEXAS, CAUSE NO D-1-GV-10-001346-1,
FILED BY THE CITY ATTORNEY ON AUGUST 12, 2010
IN THE 345TH DISTRICT COURT OF TRAVIS COUNTY,
TEXAS
WHEREAS, Denise Heard filed on April 23 2010 a public information request
with the City seeking the entire police investigation file related to the conviction of
Stephen Lance Heard of capital murder of a police officer and
WHEREAS, the City filed a brief with the Attorney Generals Office on May 7
2010 and
WHEREAS the Attorney General ruled on July 13 2010 that the City must turn
over to Ms Heard the confidential information
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
The City Attorney is authorized to effect necessary legal action in response to the
Attorney General s ruling to turn over the confidential information related to the
conviction of Stephen Lance Heard that Ms Heard requested
The filing of the lawsuit against the Attorney General is hereby ratified
Adopted this 21St day of September, 2010
ATTEST ~fFr~ CITY OUNCIL
v'~'~ J
~
~~'
„oat \
,~';
B ~ ~\ `~~
y '~;+ ~
~. ~ SEP 812010
Marty H endrix- ityFSeuretary
~ ~ ~,~,,,,_~
M 1A +~
~ City Secretory of the
_
,~,~ ~ ~ ~ ~ City of Fort Worth, Te~oas
~ ~?'"
r~;r ~' ~
a
ay. ~ ,
x~
ORTWORT~
T`
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/21/2010 -Res. No. 3919-09-2010...
DATE Tuesday September 21 2010
LOG NAME 12CITYVSAG-HEARD
REFERENCE NO "''G-17052
SUBJECT
Adopt a Resolution Ratifying the City's Lawsuit Entitled City of Fort Worth and Tarrant County Criminal
District Attorney's Office v Greg Abbott, Attorney General of Texas Cause Number D-1-GV 10-001346-1
Filed on August 12, 2010 in the 345th District Court of Travis County Texas
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution ratifying the filing of the lawsuit
entitled City of Fort Worth and Tarrant County Criminal District Attorney's Office v Greg Abbott, Attorney
General of Texas, Cause Number D-1-GV 10-001346-1 filed on August 12, 2010 in the 345th District
Court of Travis County Texas.
DISCUSSION
The City received a request from Denise Heard asking for the entire police-investigation file related to
Stephen Lance Heard's conviction of capital murder of a police officer The District Attorney's Office
requested the City withhold the file because Stephen Lance Heard has not exhausted all of his criminal
and post-conviction remedies Heard filed a writ of habeas corpus on July 23 2010 challenging his
conviction The City submitted a brief to the Attorney General seeking to protect the file under the legal
exception in Texas Government Code Section 552 108(a)(1). The exception allows the city to withhold
documents that will interfere with the prosecution of crime
The Attorney General denied the City's request and ruled that because a notice of appeal had not been
filed in the criminal case the file must be released The Attorney General contends that post-conviction
remedies are civil in nature and do not interfere with the prosecution of crime therefore Texas
Government Code Section 552 108(a)(1) does not protect the release of the requested file If the City
turns over the fife the release would interfere with the District Attorney's prosecutorial response to Heard's
writ of habeas corpus
In response to the ruling the City Attorney and the District Attorney jointly filed a lawsuit challenging the
Attorney General's refusal of the City's arguments under section 552.108 Due to time constraints, the City
Attorney had to file suit to prevent a potential waiver of some of the City's rights
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS
TO Fund/Account/Centers FROM Fund/Account/Centers
Logname• 12CITYVSAG HEARD Page 1 of 2
CERTIFICATIONS
Submitted for City Manager's Office bv:
Originating_Department Head.
Additional Information Contact:
Dale Fisseler (6116)
David Yett (7623)
Gerald Pruitt (7616)
Jessica Sangsvang (6285)
Logname 12CITYVSAG HEARD Page 2 of 2