HomeMy WebLinkAboutResolution 5624-09-2022 A Resolution
NO. 5624-09-2022
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT WORTH, TEXAS V.
KEN PAXTON, ATTORNEY GENERAL, CAUSE NO. D-1-GN-22-003670 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 related to a
Human Resources Employee Labor Relations Division investigation of an employee,
which includes the investigator's mental impressions and notes while performing the
investigation as the representative of the Fort Worth City Attorney's Office; and
WHEREAS, a portion of 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 and Section 552.111 of the Texas 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 Human Resources investigation, which includes the investigator's
mental impressions and notes while performing the investigation as the
representative of the Fort Worth City Attorney's Office, that are responsive to
City of Fort Worth Open Records Request Number R004261-050422.
2. The filing of the lawsuit against the Attorney General in Travis County District
Court (Cause No. D-1-GN-22-003670) is hereby ratified.
Adopted this 271h day of September, 2022. „�.`.........
ByATT T: M�-,
J ette 5.
Goodall(Sep 30,202214• CDT)•7Jannette S. Goodall, City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/27/22 M&C FILE NUMBER: M&C 22-0744
LOG NAME: 12PIALAWSUIT2022EVERLY
SUBJECT
(ALL)Adopt Resolution Ratifying the City's Lawsuit Entitled City of Fort Worth,Texas v. Ken Paxton,Attorney General,Cause No. D-1-GN-22-
003670 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,Texas v. Ken
Paxton,Attorney General of Texas Cause No.D-1-GN-22-003670.
DISCUSSION:
On May 5,2022,the City received a public information request(CFW Open Records Request R004261-050422)that sought the release of
information that the City believes 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 and Section 552.111 of the Texas Government Code.The requestor sought specific documentation,including her
personnel file and any supporting records,recordings,or findings pertaining to the Human Resources investigation in which a City employee had
various allegations against her.
The City submitted a brief to the Attorney General arguing that a portion of the information requested was confidential under section 552.101 of the
Texas Government Code in conjunction with Rule 192.5 of the Texas Rules of Civil Procedure,and section 552.111 of the Texas Government Code.
Specifically,the City argued that the information is attorney work product that contains the mental impressions of the City's Human Resources
Employee and Labor Relations Division investigator that were created in anticipation of litigation.The Attorney General ruled that the information is
not protected under section 552.101 of the Texas Government Code in conjunction with Rule 192.5 of the Texas Rules of Civil Procedure because
the City did not demonstrate that the information at issue constitutes work product of an attorney or an attorney's representative,developed in
anticipation of litigation or for trial,that contains the mental impressions,opinions,conclusions,or legal theories of the attorney or the attorney's
representative,and therefore,the City must release the requested information.The Attorney General also ruled that the City could not withhold the
submitted information under section 552.111 of the Texas Government Code because this is a discretionary exception to disclosure and does not
make information confidential under the Public Information Act,and thus,the records are subject to release under section 552.022(a)(1).
In order to preserve the City's right to withhold confidential information under Rule 192.5 of the Texas Rules of Civil Procedure and Section 552.111
of the Texas 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 11,2022. 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.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of the above recommendation will have no material effect on City funds.
Submitted for City Manager's Office W. ALL ACMs 6222
Originating Business Unit Head: Leann Guzman 8973
Additional Information Contact: Lauren Azopardi 7612