Open Records Requests

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The Ellis County/District Attorneys Office sent us a letter the other day stating that a particular county official (Justice of the Peace Bill Woody, Pct. 1) has issues with accepting open records requests done by e-mail. Of course, there’s nothing in the law that states an entity cannot file by e-mail. In fact, if entities aren’t careful, we will file an open records complaint with Austin.

A very special thanks to Rodney Pat Ramsey, who originally provided this condensed form of the following open records request several years ago. Ramsey is now a lawyer in downtown Waxahachie; he’s no stranger at filing open records complaints against our local prosecutors. In fact, he’s so good that he’ll be running for county attorney next year in the GOP primary against Joe Grubbs.

Just a simple copy and paste into an e-mail to your “favorite” entity will do the trick. By law, entities have 10 days to come up with what you are requesting. Usually, though, they’ll just send for an AG opinion in Austin, which could take months.

Please note that you will have to change contact information to fit your liking.

TEXAS PUBLIC INFORMATION ACT Request
Joseph “Joey” Dauben
The Ellis County Observer
4041 W. Wheatland Road, Suite 156-417
Dallas, Texas 75237
972-891-2135

August 20, 2007

Attn: Public Information Officer

Dear Officer for Public Records:

This request is made under the Texas Public Information Act, Chapter 552, Texas Government Code, which guarantees the public’s access to information in the custody of governmental agencies. I respectfully request a copy of the the following information:

(1) Copies of a police report and/or city document written/taken/delivered/mailed/e-mailed sometime (exact date unknown) during the term of Midlothian Police Chief Steve Campbell’s administration that was pertaining to any or all incidents involving the flooding of a city owned or city-utilized building; I specifically request the information that is allowed for public consumption (so as to not require a request from the state Attorney General;)

(2) Copies of any document (budget or otherwise) that was sent by the City of Midlothian and/or a department (most notably, the MPD) during the then-Chief Steve Campbell’s administration to the Texas Municipal League regarding insurance claims in response to damage allegedly done by a water hose flood;

(3) Copies of a budget document that showed – if any – TML insurance claim monies being dispersed to the City of Midlothian for any claim during then-Chief Steve Campbell’s involving any damage related to city building property due to a flood or water hose malfunction, etc.;

(4) Copies of a current fiscal year budget document listing all employees of the Midlothian Police Department (first and last names), regardless of rank, title, specific duty, and their listed yearly pay (include any allowances, special reimbursements, etc. that the City of Midlothian might provide or offer matching funds for);

(5) Copies of a current budget document listing the amount in fees or charges that the City of Midlothian has paid currently in defense of, or consultation with, city attorneys (or attorneys hired from outside firms) on the Ken Halverson lawsuit against Mid-Way Regional Airport;

In the interest of expediency, and to minimize the research and/or duplication burden on your staff, I would be pleased to personally examine the relevant records if you would grant me immediate access to the requested material (exception due to traveling conflicts). Additionally, and since time is a factor, please communicate with me by telephone and e-mail rather than by mail.

Disclosure of this information is in the public interest because providing a copy of the information primarily benefits the general public. I therefore request a waiver of all fees and charges pursuant to Section 552.267 of the act.

I shall look forward to hearing from you promptly, as specified in the law. Thank you for your cooperation.
Sincerely,

Joseph “Joey” Dauben
The Ellis County Observer
www.elliscountyobserver.com

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