HomeMy WebLinkAboutResolution 3405-09-2006A Resolution
NO 3405-09-2006
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT WORTH ET AL V GREG
ABBOTT ATTORNEY GENERAL 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
confidential police reports of alleged or suspected child abuse 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 a police
investigation file affiliated with police report number 06055524 that details an investigation of
alleged or suspected child abuse and
WHEREAS, such information is believed to be confidential under Section 552.101 of the
Texas Government Code in conjunction with Section 261 201 of the Texas Family 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 Chapter 261 of the Texas
Family 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 confidential
information from public disclosure to wit, information relating to investigations of suspected or
alleged abuse of a minor child
2 The filing of the la~-vsuit against the Attorney General (Travis County District Court) is hereby
ratified
'" ~-~'~~ APPROVED
D this 1~5~~~day of September 2006 CITY COUI~CI~.
SEP 5 2006
lendrix
cretary
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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 9/5/2006 Resolution No 3405-09-2006
DATE Tuesday September 05 2006
LOG NAME 12NELSON
REFERENCE NO **G-15377
SUBJECT
Adopt a Resolution Ratifying of City's Lawsuit Entitled City of Fort Worth et al v Greg Abbott,
Attorney General 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
DISCUSSION
Chapter 552 of the Texas Government Code (The Public Information Act) governs the release of
information held by a government entity Section 552 101 of the Act in conjunction with Section 261 201 of
the Texas Family Code requires a government entity to withhold reports of alleged or suspected abuse of a
minor child The City received a request for information from Amanda Nelson for a police report that falls
under this exception The City requested an opinion from the Attorney General the Attorney General ruled
that the requested report did not fall under the exception to disclosure espoused in Section 261.201 of the
Family Code and ordered the City to release the information The City Attorney's Office and the City's
Records Manager are of the opinion that the release of the documents would be in contradiction of the
Family Code provision and constitute a violation of the Act. 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 a
confidential police report, which if released could expose the City to potential criminal and civil liability
therefore the City Attorney is seeking ratification of the lawsuit filed on behalf of the City of Fort Worth on
August 31 2006
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 C~ Manag_er's Office by: Charles Boswell (8511)
Originating Department Head. David Yett (7623)
Additional Information Contact: Gerald Pruitt (7616)
Logname. 12NELSON
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