HomeMy WebLinkAboutResolution 3760-07-2009A Resolution
NO 3760-07 2009
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-09 000978,
FILED BI' THE CITY ATTORNEY ON JUNE 3, 2009 IN THE
200TH DISTRICT COURT OF TRAVIS COUNTY, TEXAS
WHEREAS, J D Ruiz a claims adjuster for State Farm Insurance Co filed on
February 11 2009 a public information request with the City seeking the City s claim file
arising out of a traffic accident m which State Farm s insured struck a Fort Worth bicycle
patrol officer and
WHEREAS the City reviewed the accident and asserts State Farm s insured is liable
for the officer s injuries and
WHEREAS the City decided on January 16 2009 to seek subrogation against State
Farm for the amount of medical expenses and other benefits it paid to the m~ured police
officer and
WHEREAS Mr Ruiz s filed a public information request with the City and asked for
all documents related to the accident and the City s investigation and
WHEREAS because the City determined to seek subrogation which determination can
result m the City filing a lawsuit before Ruiz sought the City s files that contai~.~ the City s
litigation strategy the City asked the Attorney General to except the subrogation documents
from release to him under the anticipation of litigation exception to disclosure of public
information and
WHEREAS The Attorney General ruled that the City must turn over to Mr Ruiz its
entire subrogation file including its notes from its investigation
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 Generals ruling on Mr Ruiz s public information request related to the
City s subrogation claim
ORT WORT
T
RESOLUTION NO 3760-07 2009
The filtng of the lawsuit against the Attorney General is hereby ratified
Adopted this 14`h day of July 2009
ATTEST
By
Mart
®RT WOE
APPROVED
CITY COUNCIL
JUL 1 4 2009
~.~~~
City Secretary of the
City of Fort Worth, Texas
'T-
City of Fort Worth, Texas
Mayor and Council Communication
;,
COUNCIL ACTION: Approved on 7/14/2009 -Res,. No. 3760-07-2089
DATE Tuesday July 14 2009 REFERENCE NO G-16623
LOG NAME 12ABBOTT-RUIZ
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-09-000978 Filed on June 3 2009 in the 200th 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-09-000978 Filed on
June 3 2009 in the 200th District Court of Travis County Texas
DISCUSSION
The Attorney General denied the City's request concerning a public information request by J D Ruiz (Mr
Ruiz) to allow the City to withhold from public disclosure trial strategy information contained in its
subrogation claim file Mr Ruiz is a claims adjuster for State Farm Insurance Company Mr Ruiz's
,company insures David Jackson (Mr Jackson) The City's subrogation claim asserts that Mr Jackson is
liable for the injuries a Fort Worth police officer sustained when Mr Jackson struck the officer while on
bicycle patrol Because of the injuries the officer sustained the City paid his medical treatment as a
workers compensation claim and presented a claim to State Farm for subrogation of those payments
In response to the accident and the City's subrogation claim Mr Ruiz filed a public information request
with the City and asked for documents related to Mr Jackson's accident.
Because the files Mr Ruiz seeks contain the City's litigation strategy and because the files contain
information related to the anticipated litigation resulting from the accident, the City asked the Attorney
General to except the documents in its subrogation claim file from release to Mr Ruiz under the exception
from disclosure of public information for documents held in anticipation of litigation This legal exception
allows the City to withhold documents that may become an issue in the anticipated litigation of the City's
subrogation claim If the City turned over the documents those documents would reveal to Mr Ruiz and
State Farm the City's litigation strategy against State Farm
In response to the ruling the City Attorney filed a lawsuit against the Attorney General challenging its
ruling that requires the City to disclose documents that will reveal its trial strategy 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
Logname. 12ABBOTT RUIZ Page 1 of 2
FUND CENTERS
TO Fund/Account/Centers
CERTIFICATIONS
Submitted for City Manager's Office b~
Originating Department Head
Additional Information Contact•
FROM Fund/Account/Centers
Dale Fisseler (6116)
David Yett (7623)
Theodore P Gorski Jr (7627)
Gerald Pruitt (7616)
Logname• 12ABBOTT RUIZ Page 2 of 2