HomeMy WebLinkAboutResolution 5638-10-2022 A Resolution
NO. 5638-10-2022
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT WORTH, TEXAS V.
KEN PAXTON, ATTORNEY GENERAL, CAUSE NO. D-1-GN-22-003849 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 an
investigation performed by the City's expert involving the death of a City employee, which
includes the expert's mental impressions, opinions, or conclusions 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, Section 552.111 of the Texas Government Code, and
Section 552.103 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 an investigation performed by the City's expert involving the death of a
City employee, which includes the expert's mental impressions, opinions, or
conclusions 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 R004436-051322.
2. The filing of the lawsuit against the Attorney General in Travis County District
Court (Cause No. D-1-GN-22-003849) is hereby ratified.
Adopted this llth day of October, 2022.
ATTEST:
U# a
B y; Jannette 5.Goodall(Oct 12,202216:09 CDT) '
Jannette S. Goodall, City Secretary �`•
�XAS
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/11/22 M&C FILE NUMBER: M&C 22-0822
LOG NAME: 12PIA LAWSUIT 2022
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-
003849 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-22-003849.
DISCUSSION:
On May 13,2022,the City received a public information request(CFW Open Records Request R004436-051322)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,Section 552.111 of the Texas Government Code,and Section 552.103 of the Texas Government Code.The
requestor sought specific documentation, including case files, notes,videos,and photographs regarding an incident that involved the death of a
City of Fort Worth employee.
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 Govemment Code in conjunction with Rule 192.5 of the Texas Rules of Civil Procedure,section 552.111 of the Texas Government
Code,and section 552.103 of the Texas Government Code.Specifically,the City argued that the information is attorney work product that
contains the mental impressions,opinions,or conclusions of the City's expert that were created in anticipation of litigation while performing the
investigation as the representative of the Fort Worth City Attorney's Office.The Attorney General ruled that the information is not protected under
section 552.101 of the Texas Govemment Code in conjunction with Rule 192.5 of the Texas Rules of Civil Procedure because the City did not
demonstrate the applicability of the attorney work product privilege to the information at issue,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 and section 552.103 of the Texas Government Code because these are discretionary exceptions to disclosure and does not
make the information confidential under the Public Information Act,and thus,the records are subject to release under section 552.022(a)(1)of the
Texas Govemment Code.
In order to preserve the City's right to withhold confidential information under Rule 192.5 of the Texas Rules of Civil Procedure,Section 552.111 of
the Texas Government Code,and Section 552.103 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 19,2022. 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.
This M&C does not request approval of a contract with a business entity.
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 this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by. ALL ACMs 6222
Originating Business Unit Head: Laetitia Brown 6639
Additional Information Contact: Leann Guzman 8973
Steve Cumbie 6799
Expedited