HomeMy WebLinkAboutResolution 3472-04-2007A Resolution
NO 3472-04-2007
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT WORTH ET AL V GREG
ABBOTT ATTORNEY GENERAL CAUSE NO GV 7000 521 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 relating to litigation the City is or may be a party to 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 an employment
law case the City is currently a party to and
WHEREAS such information is believed to be confidential under Section 552.103 of the
Texas Government Code
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH TEXAS THAT
1 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 Greg Abbott, Texas Attorney General to enforce the provisions of the Texas
Government Code allowing the City to withhold privileged information from public disclosure to
wit, documents that are responsive to Fort Worth City Open Records Request Number 1016-07
2. The filing of the lawsuit against the Attorney General (Travis County District Court) is hereby
ratified
ADOPTE-D this ~Ut"
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day of April 2007
APPROVED
CITY COUR"CIL
`~~'Marty Hendrix U~~~
City Secretary- '~-~,
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City Secretary of the
City of Fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 4/10/2007 Resolution No 3472-04-2007
DATE Tuesday April 10 2007
LOG NAME 12SHILLING REFERENCE NO **G-15667
SUBJECT
Adopt a Resolution Ratifying of City's Lawsuit Entitled City of Fort Worth et. al v Greg Abbott,
Attorney General Cause No GV 7000521 Pursuant to Chapter 552 of the Texas Government Code
~~~ ~~~
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution ratifying the filing of the lawsuit
entitled City of Fort Worth et. al v Greg Abbott, Attorney General of Texas Cause No GV 7000 521
DISCUSSION
Chapter 552 of the Texas Government Code (The Public Information Act) governs the release of
information held by a government entity Section 552 103 of the Act authorizes a government entity to
withhold information that is subject to litigation that the City reasonably anticipated at the time of the
request. The City received a request for information from Linda Shilling that falls under this exception The
City requested an opinion from the Attorney General the Attorney General ruled that section 552.103 did
not make the requested information confidential and ordered the City to release the information The City
Attorney's Office is of the opinion that the release of the documents would be in contradiction to the City's
privilege to withhold information under Section 552.103 of the Texas Government Code The City is not
authorized to request that the Attorney General reconsider his decision In order to avoid release of the
documents, the City's only recourse is to file suit in this matter Due to time constraints the City Attorney
had to file suit immediately in this matter to prevent a waiver of some of the City's rights. This lawsuit seeks
to prevent the release of privileged documents therefore the City Attorney is seeking ratification of the
lawsuit filed on behalf of the City of Fort Worth on March 27 2007
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material affect on City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for CitkManager's Office by: Charles Boswell (8511)
Originating Department Head. David Yett (7623)
Additional Information Contact: Gerald Pruitt (7616)
Logname 12SHILLING
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