HomeMy WebLinkAboutResolution 3903-07-2010A Resolution
NO 3903-07 2010
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT
WORTH V GREG ABBOTT, ATTORNEY GENERAL OF
TEXAS, CAUSE NO D-1-GV-10-000542, FILED BY THE
CITY ATTORNEY ON MAY 20, 2010 IN THE 53RD
DISTRICT COURT OF TRAVIS COUNTY, TEXAS
WHEREAS, Cherie Roberts filed on November 13 2009 a public information
request with the City seeking information pertaining to payments made by City of Fort
Worth Police Officers to the Combined Law Enforcement Association of Texas
( CLEAT") and
WHEREAS, the City filed a brief with the Attorney General s Office on March 2
2010 and
WHEREAS the Attorney General ruled on May 7 2010 that the City must turn
over to Ms Roberts 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 m response to the
Attorney General s ruling on Ms Roberts public information request to turn over
the confidential information of City employees
The filing of the lawsuit against the Attorney General is hereby ratified
Adopted this 20th day of July 2010
APPROVED
ATTEST
~ ~;r'~'~r~
~ CI'T'Y COUNCiI~
~
~° ~ ~r ~` ~ ,IUL 2 4 2010
$y
Marty Hendrix ity S'ecre.tary
~
~ ~~~~
:.~ ~ ~ r ~
` ,~ City Secretazy of the
y r ~
~ A ~ ~ .
~ ~+~ V City of Port Worth, Texcw
r ~
•: a,.:: ,
~
~~
*~
r~
f ~ ~
4~
~ ~ J
~`
ro
t3RT WORT
pity of Fort Worth, Texas
Mayor and council Communication
GOUNCIL ACTION: Approved on 7/20/2010 -Res, No1'3903-07-2010
DATE Tuesday July 20 2010
LOG NAME 12ABBOTT-ROBERTS
REFERENCE NO G-16988
SUBJECT
Adopt a Resolution Ratifying the City's Lawsuit Entitled City of Fort Worth v Greg Abbott, Attorney
General of Texas Cause No D-1-GV 10-000542 Filed on May 20 2010 in the 53rd 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 v Greg Abbott, Attorney General of Texas.
DISCUSSION
On November 13 2009 the City received a written request from Cherie Roberts for information pertaining
to payments made by City of Fort Worth Police Officers to the Combined Law Enforcement Association of
Texas ("CLEAT") The City filed a brief with the Attorney General's Office on March 2 2010 In its brief
the City argued that the doctrine of common law privacy excluded the release of the requested
information Specifically the City argued that the release of information would violate each officer's right
to keep his or her financial information private
On May 7 2010 the Attorney General issued Open Records Letter Ruling No OR2010-06616 which the
City received on May 10 2010 In its opinion the Attorney General stated that 'the City may not withhold
the responsive information based on the privacy interests of the associations The Attorney General
opined that 'the responsive information does not pertain to any identified individual Thus the responsive
information does not implicate any individual's privacy interest, and the City may not withhold it under
section 552.101 of the Government Code in conjunction with common-law privacy
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
The filing of the lawsuit has broader implications for all City officials and employees since future public
information requests could ask for City employee payroll deductions made to charitable and other
organizations The release of an employee's personal financial information could have a chilling effect on
employee contributions to charitable and other organizations during these tough economic times To avoid
an invasion of privacy of its employees the City sued the Attorney General to prevent the release of the
officers private financial information
FISCAL INFORMATION /CERTIFICATION
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
Logname• 12ABBOTT ROBERTS Page 1 of 2
FUND CENTERS
TO Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office bv.
Originating Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
Dale Fisseler (6116)
David Yett (7623)
Gerald Pruitt (7617)
Cherl Byles (7553)
Logname• 12ABBOTT ROBERTS Page 2 of 2