HomeMy WebLinkAboutResolution 3413-09-2006r
A Resolution
NO 3413-09-2006
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT WORTH ET AL V GREG
ABBOTT ATTORNEY GENERAL CAUSE NO D 1-GV-06-001706 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
Work-Product privileged documents 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 pre-
termination hearing notes made by an Assistant City Attorney and
WHEREAS such information is believed to be confidential under Section 552.101 of the
Texas Government Code in conjunction with Rule 192 5 of the Texas Rules of Civil Procedure
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 Rule 192.5 of the Texas
Rules of Civil Procedure 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, information relating to the mental
impressions of an Assistant City Attorney made in anticipation of litigation
2 The filing of the lawsuit against the Attorney General (Travis County District Court) is hereby
ratified
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D thi§~~19t- day of September 2006
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APPROVED
CITY COUI~CI~,
SEP 1 9 2006
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City Secretary of the
City of Fort Worth, Texas
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 9/19/2006 Resolution No 3413-09-2006
DATE Tuesday September 19 2006
LOG NAME 12M000NAHAY
REFERENCE NO **G-15400
SUBJECT
Adopt a Resolution Ratifying the City's Lawsuit Entitled City of Fort Worth et al v Greg Abbott,
Attorney General Cause No D-1-GV-06-001706 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 D-1-GV-06-001706
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 Rule 192 5 of the
Texas Rules of Civil Procedure authorizes a government entity to withhold information that is considered
privileged under the Work-Product Privilege The City received a request for information from Matthew
McConahay 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 under Section
552.101 in conjunction with 192 5 of the Rules of Civil Procedure 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 under Section 192 5 of the Rules of Civil Procedure 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 September 1 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 City Manager's Office b~ Charles Boswell (8511)
Originating Department Head. David Yett (7623)
Additional Information Contact: Gerald Pruitt (7616)
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