HomeMy WebLinkAboutResolution 4972-09-2018 A Resolution
NO. 4972-09-2018
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT WORTH V. KEN
PAXTON, ATTORNEY GENERAL, CAUSE NO. D-1-GN-18-004018 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 that is confidential by law; and
WHEREAS, the Attorney General of Texas has ruled that the City must release
certain information under the Texas Public Information Act; said information maintained
in the Fort Worth Police Department's file concerning use of force investigations that did
not result in any discipline of an officer; and
WHEREAS, a portion of such information is believed to be confidential under
Section 552.101 of the Texas Government Code in conjunction with section 143.089(g) of
the Texas Local Government Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1. That 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 Ken Paxton, 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
from the police departmental personnel file related to use of force cases against
police officers for which no disciplinary action was taken that are responsive to
City of Fort Worth Open Records Request Number W071304.
2. The filing of the lawsuit against the Attorney General in Travis County District
Court (Cause No. D-1-GN-18-004018) is hereby ratified.
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Adopted this 11 t day of S tember, 2018. •:O�
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Mary J. Kay ler. ity2ecretary �XAS
FORT WO T
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/11/2018 - Resolution No. 4972-09-2018
DATE: Tuesday, September 11, 2018 REFERENCE NO.: **G-19358
LOG NAME: 12PIA LAWSUIT 2018
SUBJECT:
Adopt Resolution Ratifying the City's Lawsuit Entitled City of Fort Worth v. Ken Paxton, Attorney General,
Cause No. D-1-GN-18-004018 Pursuant to Chapter 552 of the Texas Government Code (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution ratifying the filing of the lawsuit
entitled City of Fort Worth v. Ken Paxton, Attorney General of Texas Cause No. D-1-GN-18-004018.
DISCUSSION:
On April 10, 2018, the City received a public information request (CFW Open Records Request W071304)
that sought the release of information that the City believes to be confidential under chapter 143 of the
Texas Local Government Code. The requestor sought specific use of force information from the Fort
Worth Police Department that disclosed the date, time, incident location, officer name, complainant name,
details of allegations, complaint status, department personnel involved in the investigation and the
outcome of the use of force cases.
The City submitted a brief to the Attorney General arguing that a portion of information requested was
confidential under section 143.089(g) of the Texas Local Government Code. Specifically, the City argued
that the information is kept only for the Fort Worth Police Department's use, it involved information relating
to a department investigation of officers that did not result in discipline, and the information is not kept
outside the department's file. The Attorney General ruled that the information is not protected under
section 143.089(g) of the Texas Local Government Code because it is maintained independently of the
department's internal personnel files and therefore, the City must release the requested information.
In order to preserve the City's right to withhold confidential information under chapter 143 of the Texas
Local Government Code, the City's only recourse is to file suit against the Attorney General seeking a
judicial ruling on this matter.
Because of additional deadlines set forth in the Texas Public Information Act, the City Attorney's Office
proceeded to file suit against the Attorney General on August 3, 2018. Due to the City Council's meeting
calendar for the month of August, it was not possible to seek City Council action on this matter prior to that
date. As a result, the City Attorney now seeks ratification by the City Council of this action.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available within the Risk Management Fund to cover the
cost of filing fees for the litigation. No material effect on the Fiscal Year 2018 or Fiscal Year 2019 Budgets
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are anticipated from this action.
FUND IDENTIFIERS (FIDs):
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Fund Department ccoun Project Program ctivity Budget Reference # �mounl
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # tl
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CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (6113)
Originating Department Head: Sarah Fullenwider (7623)
Additional Information Contact: Chris Austria (7619)
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