HomeMy WebLinkAboutResolution 3861-03-2010A Resolution
NO 3861-03 2010
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT
WORTH AND DALE FISSELER IN HIS OFFICIAL
CAPACITY AS CITY MANAGER AND AS OFFICER FOR
PUBLIC INFORMATION V GREG ABBOTT, ATTORNEY
GENERAL OF TEXAS, CAUSE NO D-1 GV 10 000109,
FILED BY THE CITY ATTORNEY ON FEBRUARY 1, 2010
IN THE 201sT DISTRICT COURT OF TRAVIS COUNTY,
TEXAS
WHEREAS, Janet Anne Lane filed on September 11 2009 and October 2 2009
public information requests with the City seeking the employment applications for several
City of Fort Worth employees and
WHEREAS, the City filed a brief with the Attorney General s Office on September
30 2009 The City later filed a supplemental brief on October 28 2009 and
WHEREAS the Attorney General ruled on January 15 2010 that the City must
turn over to Ms Lane the confidential information of several employees including an
employee s out of state driver s license two employee s emergency contact information,
and City badge copies of two employees
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, THAT
The City Attorney is authorized to effect necessary legal action in response to the
Attorney General s ruling on Ms Lane s public information requests to turn over
the confidential information of City employees
The filing of the lawsuit against the Attorney General is hereby ratified
Adopted this 2"d day of March 2010
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City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 3/2/2010 -Res. No. 3861-03-2010
DATE Tuesday March 02 2010 REFERENCE NO *G-16854
LOG NAME 12ABBOTT-LANE
SUBJECT
Adopt a Resolution Ratifying the City's Lawsuit Entitled 'City of Fort Worth and Dale Fisseler in His Official
Capacity as City Manager and as Officer for Public Information v Greg Abbott, Attorney General of Texas
Cause No D-1-GV 10-000109 Filed on February 1 2010 in the 201st 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 Dale Fisseler in his official capacity as City Manager and as Officer for
Public Information v Greg Abbott, Attorney General of Texas Cause No D-1-GV 10-000109 filed on
February 1 2010 in the 201st District Court of Travis County Texas
DISCUSSION
On September 11 2009 the City received a written request from Ms Janet Anne Lane (Ms. Lane) for
employment applications for several City of Fort Worth employees The City filed a brief with the Attorney
General's Office on September 30 2009 The City later filed a supplemental brief on October 28 2009 In
its brief the City argued that the doctrine of common law privacy excluded the release of an out of state
driver's license for one of its employees
On December 12, 2009 the Attorney General issued Open Records Letter Ruling No OR2009-17169
which the City received on December 7 2009 In its opinion the Attorney General stated that 'the
submitted out-of state driver's license number was collected and maintained by the city in connection with
the transaction of official city business [employment] The Attorney General's opinion that 'the information
is not highly intimate or embarrassing and may not be withheld under Section 552 101 [of the Texas
Government Code] in conjunction with the doctrine of common-law privacy
Before the Attorney General ruled on Ms Lane's request, Ms Lane put in another request for additional
employment information of the same employees on October 2 2009 The City relied on its previous
briefing concerning the out-of-state license In addition to the out-of-state license issue the City argued
that employee emergency contact information and City employee badges were covered under the doctrine
of common law privacy Note that the City's arguments on the out-of-state license and employee badges
stem from the risk of identity theft.
The Attorney General issued Open Records Letter Ruling No OR2010-00819 on January 15 2010 In that
opinion the Attorney General again stated that 'Section 552 130 does not apply to out of state drivers
license information Therefore you may not withhold the out-of-state s driver's license information that you
redacted from the submitted documents pursuant to Section 552 130
In that same ruling the Attorney General also rejected the City's argument to withhold the names of two
Logname 12ABBOTT LANE Page 1 of 2
employees' emergency contact information The employees had listed the names and telephone numbers
of friends as emergency contacts The City has argued in its Exhibit D that this information is highly
intimate and not of legitimate public concern
Further the Attorney General in its ruling stated that the City has failed to show how the 'identity cards
relate to computer network security The Attorney General ordered the release of the out-of-state license
emergency friend contact information and the City employees badges
In response to the ruling the City Attorney filed a lawsuit against the Attorney General challenging the
Attorney General's refusal of the City's arguments under Section 552 101 in conjunction with the doctrine
of common law privacy 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
CERTIFICATIONS
Submitted for City Manager's Office b~
Originating Department Head.
Additional Information Contact:
Dale Fisseler (6116)
David Yett (7623)
Ted Gorski (7627)
Gerald Pruitt (7616)
Logname• 12ABBOTT LANE Page 2 of 2