Jo Ann Pate

Assistant City Attorney

Phone (817) 392-7600

jo.pate@fortworthtexas.gov

January 9, 2017
Honorable Ken Paxton
Texas Attorney General
ATTN: Open Records Division
P.O. Box 12548
Austin, Texas 78711-2548
Certified Mail No.: 7015 1520 0002 8614 7144
Re:

City of Fort Worth Public Information Requests

Requests for Fort Worth Police Records Related to an Incident on December 21, 2016

Dear Attorney General Paxton:

Between December 22, 2016, and January 5, 2016, the City of Fort Worth (the City)
received multiple written requests for information related to a specific incident from multiple
requestors. Exhibit A contains a certification of the dates the City received these requests. 1 A
copy of each request showing the specific items requested is included as Exhibit B.
The City believes that the submitted records are confidential under section 1701.661(a) of
the Texas Occupations Code and sections 58.007 and 261.201 of the Texas Family Code and
therefore must be withheld under section 552.101 of the Texas Government Code. 2 Because the
City does not believe it can legally release any of the submitted information to the current
requestors, the City is seeking a ruling from your office in accordance with section 552.301 of the
Texas Government Code. Exhibit C contains the information at issue.
Body Camera Recordings are Confidential Unless Properly Requested
Section 1701.661(a) of the Texas Occupations Code provides that:
(a)

a member of the public is required to provide the following information when

submitting a written request to a law enforcement agency for information
recorded by a body worn camera:
(1)

the date and approximate time of the recording;

(2)

the specific location where the recording occurred; and

The City was closed Monday, December 26, 2016 to observe the Christmas holiday and Monday, January 2, 2017 to observe the
New Year holiday.
2

The City has released the responsive information that is not confidential under Texas law.

OFFICE OF THE CITY ATTORNEY

The City of Fort Worth 200 Texas Street 3rd Floor Fort Worth, Texas 76102
817-392-7600 Fax 817-392-8359

Honorable Ken Paxton

CFW Public Information Requests
January 9, 2017
Page 2 of 5

(3)

the name of one or more persons known to be a subject of the

recording.

TEX. OCC. CODE 1701.661(a) (West 2015) (emphasis added)

A portion of the submitted records constitutes footage from a body-worn camera. Because
none of the current requestors have provided all of the information that is required under section
1701.661(a), the City believes that it must withhold the body camera recording. Even if the
information was properly requested under the Occupations Code, the City believes that its release
would be prohibited under the Texas Family Code, as further discussed below.
Juvenile records are confidential and may not be released.
Section 552.101 of the Texas Government Code excepts from disclosure information
considered to be confidential by law, either constitutional, statutory, or by judicial decision.
Section 58.007 of the Texas Family Code generally renders law enforcement records of juvenile
arrestees confidential, providings in part:
(c)

Except as provided by Subsection (d), law enforcement records and files concerning
a child and information stored, by electronic means or otherwise, concerning the
child from which a record or file could be generated may not be disclosed to the
public and shall be:
(1)

if maintained on paper or microfilm, kept separate from adult files and

records;

(2)

if maintained electronically in the same computer system as records or files

relating to adults, be accessible under controls that are separate and distinct
from controls to access electronic data concerning adults; and

(3)

maintained on a local basis only and not sent to a central state or federal
depository, except as provided by Subchapters B, D, and E.

TEX. FAM. CODE 58.007(c) (West 2011).

The City believes that the submitted records constitute a record alleging delinquent conduct
or conduct indicating a need for supervision that occurred after September 1, 1997. See TEX. FAM.
CODE ANN. 51.03 (West 2008) (defining delinquent conduct as conduct, other than a traffic
offense, that violates a penal law of this state or of the United States punishable by imprisonment or
by confinement in jail, and defining conduct indicating a need for supervision to include
conduct, other than a traffic offense, that violates the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or the penal ordinances of any political subdivision
of this state or the voluntary absence of a child from the child's home without the consent of the

Honorable Ken Paxton

CFW Public Information Requests
January 9, 2017
Page 3 of 5

child's parent or guardian for a substantial length of time or without intent to return); see also TEX.
FAM. CODE ANN. 51.02(2) (West 2008) (defining child for purposes of Title 3 of Family Code).
The City does not believe that any of the exceptions in section 58.007 apply in this instance.
Therefore, the City is of the opinion that the submitted records are confidential under section
58.007(c) of the Family Code and that the City is prohibited by law from releasing the information
pursuant to section 552.101 of the Government Code.
Records of alleged or suspected abuse and neglect of a child are confidential.
Section 552.101 excepts from disclosure information considered to be confidential by law,
either constitutional, statutory, or by judicial decision. The City believes the requested information
is confidential under section 261.201 of the Texas Family Code, which provides:
(a)

The following information is confidential, is not subject to public release under

Chapter 552, Government Code, and may be disclosed only for purposes consistent
with this code and applicable federal or state law, or under rules adopted by an
investigating agency:
(1)

a report of alleged or suspected abuse or neglect made under this chapter and
the identity of the person making the report; and

(2)

except as otherwise provided in this section, the files, reports, records,

communications, and working papers used or developed in an investigation
under this chapter or in providing services as a result of an investigation.

TEX. FAM. CODE ANN. 261.201(a) (West 2008)

Identified portions of the submitted records describe an investigation of an incident
involving alleged abuse or neglect of a child. Witnesses reported the conduct to the Fort Worth
Police Department in accordance with Section 261.103(a)(1) of the Texas Family Code. The City
asserts that these allegations describe an incident of abuse or neglect of the child. See TEX. FAM.
CODE ANN. 261.001(1), (4)(West 2011) (defining abuse as physical injury that results in
substantial harm to the child, or the genuine threat of substantial harm from physical injury to the
child, sexual conduct harmful to a childs mental, emotional, or physical welfare, including
conduct that constitutes the offense of indecency with a child under 21.11, Penal Code, [or]
sexual assault under 22.011, Penal Code, )(defining neglect as including placing a child in or
failing to remove a child from a situation that a reasonable person would realize requires judgment
or actions beyond the child's level of maturity, physical condition, or mental abilities and that results
in bodily injury or a substantial risk of immediate harm to the child.).
The City asserts that the identified records constitute files, reports, records, communications,
or working papers used or developed in an investigation of alleged or suspected abuse or neglect of

Honorable Ken Paxton

CFW Public Information Requests
January 9, 2017
Page 4 of 5

a child within the scope of Chapter 261, and the City does not believe any exception to that
confidentiality applies in this instance to any of these requestors. As a result, the City believes these
records are confidential pursuant to section 261.201 of the Texas Family Code and the City is
prohibited from releasing them under section 552.101.
In summary, the City contends that footage from body-worn cameras cannot be released
unless properly requested under the Occupations Code. Even if the body-cam video was properly
requested, the City believes that information as well as of the other submitted records are
confidential under section 58.007 of the Family Code and that no exception to confidentiality
applies in the current circumstances. Finally, the City believes that the identified portions of
the submitted records are confidential under section 261.201 of the Family Code and not subject
to an exception to confidentiality. Because all of the submitted records are confidential under
one or more of the statutes outlined above, the City believes it must withhold all of the submitted
records from these requestors.
Respectfully submitted,

Jo Ann Pate
Assistant City Attorney
Enclosures
Copies to:
Officer Charles Burkey (W057803)
Conservation Law Enforcement Agency
57817 Pimlico Street
Yucca Valley, California 92284

Mr. Michael Smith (W057821)

4137 Shadow Drive
Fort Worth, Texas 76116
via electronic mail

via electronic mail

Mr. Don Peritz (W057822)
KXAS- TV, NBC5
4805 Amon Carter Blvd.
Fort Worth, Texas 76155

Mr. Colin Creighton (W057841)

CW33 News, KDAF-TV
8001 John Carpenter Freeway
Dallas, Texas 75247

via electronic mail

via electronic mail

Honorable Ken Paxton

CFW Public Information Requests
January 9, 2017
Page 5 of 5

Ms. Alexandra Bacallao (W057839)

via electronic mail

Mr. CJ Grisham (W057842)

4365 Airport Trail
Temple, Texas 76504
via electronic mail

Mr. Mark Hooper (W057870)

CBS News
350 East Royal Lane
Irving, Texas 75039

Ms. Hannah Everman (W057873)

KXAS-TV, NBC5
4805 Amon Carter Blvd.
Fort Worth, Texas 76155

via electronic mail

via electronic mail

Mr. Kevin Walters (W057950)

The CAUTION Group
14000 Dix-Toledo Road, #2115
Southgate, Michigan 48195

Ms. Kirsten West Savali (W057848)

Associate Editor
The Root
605 3rd Avenue, 12th Floor
New York, New York 10158

via electronic mail

via electronic mail
Mr. Stefan Gorman (W057856)
WFAA
606 Young Street
Dallas, Texas 75202

Ms. Julieta Chiquillo (W057857)

The Dallas Morning News
508 Young Street
Dallas, Texas 75202

via electronic mail:

via electronic mail

Ms. Tiffany Moore (W057860)

CBS/KTVT
5233 Bridge Street
Fort Worth, Texas 76103

Mr. Mitch Mitchell (W057868 & W058144)

Fort Worth Star-Telegram
400 W. Seventh Street
Fort Worth, Texas 76102

via electronic mail

via electronic mail