HomeMy WebLinkAboutResolution 3951-12-2010 A Resolution
NO. 3951-12-2010
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT
WORTH K GREG ABBOTT, ATTORNEY GENERAL OF
TEXAS, CAUSE NO. D-1-GV-10-001771; FILED BY THE
CITY ATTORNEY ON OCTOBER 22, 2010 IN THE 126th
DISTRICT COURT OF TRAVIS COUNTY, TEXAS.
WHEREAS, Gail Tidwell, filed on July 20, 2010, a public information request with
the City seeking personnel information pertaining to a certain City of Fort Worth
employee; and,
WHEREAS, the City filed a brief with the Attorney General's Office on August 3,
2010; and,
WHEREAS, the Attorney General ruled on October 8, 2010, that the City must turn
over to Ms. Tidwell the employee's out of state driver's license number;
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 in response to the
Attorney General's ruling on Ms. Tidwell's public-information request to turn over
the out of state driver's license number of the Fort Worth City employee.
The filing of the lawsuit against the Attorney General is hereby ratified.
Adopted this 14th day of December, 2010.
APPROVED
ATTEST: CITY COUNCIL
DEC 14 2010
By: C.N
Marty Hendrix, City Secretary CUy Secretary ofthe
MY of Fbrt Worth,Texas
ORT WORT
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL A TIOW Apprc46d on 12114/201 , R es<No. 395ffr!2-2{116
DATE: Tuesday, December 14, 2010 REFERENCE NO.: **G-17146
LOG NAME: 12ABBOTT-TI DWELL
SUBJECT:
Adopt a Resolution Ratifying the City's Lawsuit Entitled, City of Fort Worth v. Greg Abbott, Attorney
General of Texas, Cause No. D-1-GV-10-001771, Filed on October 22, 2010, in the 126th 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 v. Greg Abbott, Attorney General of Texas, Cause No. D-1-GV-10-001771,
Filed on October 22, 2010, in the 126th District Court of Travis County, Texas.
DISCUSSION:
On July 20, 2010, the City received a written request from Gail Tidwell for the personnel file of a certain
City of Fort Worth employee. The employee's out-of-state driver's license was included in the employee's
personnel file. The City filed a brief with the Attorney General's Office on August 3, 2010. In its brief, the
City argued that the doctrine of common law privacy excluded the release of some of the requested
information, including the release of the out-of-state driver's license. Texas driver's license numbers are
excepted from release under section 552.130 of the Texas Government Code.
On October 8, 2010, the Attorney General issued Open Records Letter Ruling No. OR2010-15427, which
the City received on October 12, 2010. The Attorney General ruled that the employee's out-of-state
driver's license must be released. In its opinion, the Attorney General stated that the out-of-state driver's
license "is not intimate or embarrassing and a matter of no legitimate public concern." The Attorney
General concluded "that the driver's license number is not protected by common-law privacy and may not
be withheld on that basis under section 552.101."
In response to the ruling, the City Attorney filed a lawsuit against the Attorney General challenging the
Attorney General's refusal of the City's arguments under section 552.101 of the Texas Government Code
in conjunction with the doctrine of common law privacy. Due to time constraints, the City Attorney had to
file suit to prevent a potential waiver of some of the City's rights.
This lawsuit is the second suit that the City has filed against the Attorney General regarding the release of
a City employee's out-of-state driver's license number. The City Attorney's office is working on legislation
with Legislative Affairs and the Texas Municipal League to except out-of-state driver's license numbers
from release.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
Logname: 12ABBOTT-TIDWELL Page 1 of 2
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles W. Daniels (6199)
Gerald Pruitt (7616)
Originating Department Head: David Yett (7623)
Additional Information Contact: Cherl Byles (7553)
Logname: 12ABBOTT-TIDWELL Page 2 of 2