Ferris, TX
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| Fri, 06/17/2011 |
Chase wrote back (2 days after my deadline expired), saying: In response to your most recent email, I confirmed with the City of Ferris staff that the City does not have the technological capabilities to redact certain statutorily protected information electronically. To comply with your request, the City must print out each citation from the previous decades and physical redact certain categories of information (Driver’s license numbers, Social Security Numbers, Car Tags, etc.). The City stands by its earlier estimate of 400,000 documents responsive to your request. This information would need to be compiled, reviewed, properly redacted and copied. The Public Information Act allows the City to charge you for the documents you are requesting.
Despite your baseless accusations, I am following the procedures set forth in the Public Information Act. In your 6/12/11 email, you conveniently overlooked the following portion of Texas Government Code section 552.301(a): “…if there has not been a previous determination about whether the information falls within one of the exceptions.” Texas Attorney General Open Records Decision No. 684 (2009) provided a “previous determination” to all governmental bodies authorizing them to withhold ten categories of information without the necessity of requesting an attorney general decision.
The aforementioned categories are the only information the City wishes to withhold from you. According to Open Records Decision No. 684, no attorney general decision is needed for the City to withhold this information from you.
The City considers this matter closed since no payment was timely made to the City following your original request. Please refer all future communication on this topic to me. Thanks.
My response had three points:
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| Thu, 06/16/2011 |
Mailed formal complaint against Ferris to Texas Attorney General's Open Records Division. |
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| Sun, 06/12/2011 |
Emailed Chase, Doug Childers (doug.childers@ci.ferristx.us), Pat Bradley (doug.childers@ci.ferristx.us), and Eric Strong (doug.childers@ci.ferristx.us) with these points:
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| Tue, 04/05/2011 |
At 8:32 AM, I wrote to Chase and Doug: Could you confirm receipt of this email from February 16?
Below that was a copy of what I sent him on Feb. 16.
Chase responded at 9:29 AM:
I received your email on February 16, 2011. While I appreciate the legal conclusions you reached by citing one section of the Texas Transportation Code; I respectfully disagree with them, as they misstate the law.
First, you requested the traffic data under the authority of the Texas Public Information Act. The City agreed to provide you the records requested, provided you pay the statutorily authorized charges the City demands to gather, compile and redact confidential information from the approximately 400,000 documents requested. Under the Public Information Act, the City must redact certain information contained in the records you requested. This includes, but is not limited to, Driver’s License Numbers, Motor Vehicle Registration Numbers and Social Security Numbers. Given the technological limitations of the City, this redaction must be done manually. The City does not possess the capability to manipulate this data electronically. Thus, the information you requested must be provided in paper form and the above quoted fees must be paid prior to release.
Next, you claim that you are exempt from the very clear prohibition on motor vehicle records disclosure found in Texas Transportation Code section 730.004. Please note that the exemption you claim under 730.007 falls under the heading of “permitted disclosures”. This heading, coupled with the modifier “may” found in section (a) of 730.007, means that it is the City’s choice on whether to provide you the requested data. Please compare this section 730.005, titled “required disclosures” for further evidence that the exemption you claim is discretionary on the City’s part. Even further, please direct your attention to section 730.007(b) which states: “The only personal information an agency may release under this section is the individual’s: (1) name and address; (2) date of birth; and (3) driver’s license number”. So, assuming that the City chose to release the requested information to you under an exemption found in 730.007, the aforementioned three categories of information are the only statutorily permitted types of information that could be released. Also, given the technological limitations of the City, hard copies would have to be made of the information and the required redaction of any information not listed in 730.007(b) would occur. Section 730.011 allows the City to adopt reasonable fees for disclosure of personal information under Chapter 730. Once again, the City would adopt the fee structure authorized by the Texas Government Code for release of public information as its “reasonable fees”.
In conclusion, the City considers this matter closed unless, and until, it receives payment of $40,360.00 from you to gather, compile and redact confidential information within the 400,000 documents you have requested. Please direct all further communications on this issue to me.
I wrote back to Chase and Doug at 10:15 AM:
My request was for a copy of the MySql database that, per a July 2010 open records response from Ferris, contains traffic ticket data for tickets written by Ferris police on Brazos Technology ticket writers. 40,000 printed sheets of handwritten judicial records, samples of which were included in the aforementioned July 2010 open records response, or even prints of data from the database, is not the responsive data, and I am expressly not requesting that data.
Note that sec. 552.228(b), Government Code, reads “If public information exists in an electronic or magnetic medium, the requestor may request a copy in an electronic medium…”. Further note that difficulty of responding to a request does not relieve a jurisdiction from compliance. For example, “the difficulty or cost of compliance does not determine whether the information is available to the public” (Texas Attorney General Open Records Decision 519, Feb. 2, 1989). Making a copy of a MySql database, or certain tables thereof, is a trivial operation, even if certain columns are deleted to redact information.
The use of “may” in a statue does not permit arbitrary or capricious decisionmaking. That being said, I would be happy to work with you to resolve concerns about my stewardship of this data. I have already done this to the satisfaction of the Texas Department of Public Safety, Texas Department of Transportation, and the cities of Balch Springs, Carrollton, Cedar Hill, Coppell, Dallas County (sheriff and constable patrols), Dallas, Desoto, Duncanville, Farmers Branch, Garland, Glenn Heights, Grand Prairie, Grapevine, Highland Park, Hutchins, Irving, Lancaster, Mesquite, Ovilla, Richardson, Rowlett, Sachse, Seagoville, Sunnyvale, University Park, Wilmer, and Wylie. I am confident I can satisfy your concerns, too.
I am fine with redacting Social Security numbers, and they is specifically addressed in 552.147, Government Code. I do not need them for my research.
If there is other information in this MySql database that you find is not disclosable, let me know what it is as I may have no objection to Ferris redacting it.
However, further note that if the MySql database in fact contains case records, they are releasable in full (unredacted) under generally accepted common law right of access to case records. SCOTUS cases affirming this includes but is not limited to:
At this point, I’d appreciate knowing if there is room for amicable resolution of this request. If not, I respectfully ask that you ask for an attorney general decision or cite prior attorney general decisions as rationales for exclusion as per 552.301, Government Code:
A governmental body that receives a written request for information that it wishes to withhold from public disclosure and that it considers to be within one of the exceptions under Subchapter C must ask for a decision from the attorney general about whether the information is within that exception if there has not been a previous determination about whether the information falls within one of the exceptions.
Chase wrote back at 10:35 AM:
The City of Ferris is willing to provide you the requested information. It only asks that you pay for the 400,000 documents you have requested.
Thank you for, once again, providing me your legal analysis of the issue. However, I request that you read Texas Attorney General Open Records Decision No. 684 (2009). In it, you will find that a determination was issued to all governmental bodies authorizing them to withhold ten categories of information, including a copy of a Texas driver's license and a Texas driver's license number under section 552.130 of the Government Code, without the necessity of requesting an attorney general decision. These categories are the only information the City wishes to withhold from you, and, no attorney general decision is needed.
The City must redact the aforementioned ten categories of information from your requested information. But, as I have repeatedly mentioned, the City does not have the technological capabilities to redact these categories of information electronically. So, hard copies are the ONLY way for the City to provide you the information. What may seem like a “trivial operation” to you is, in fact, impossible given the City’s current software capabilities.
I wrote this to Chase and Doug at 11:06 AM:
Thank you for this email. Unfortunately, it does not resolve this request for at least three reasons.
First, 684 (2009) neither examines 552.130(b), Government Code, nor 730.007(d), Transportation Code. These are critical to handling my open records request. My understanding of these provisions, which was developed with prior, successful open records requests with Texas Department of Public Safety, Texas Department of Transportation, and the cities of Balch Springs, Carrollton, Cedar Hill, Coppell, Dallas County (sheriff and constable patrols), Dallas, Desoto, Duncanville, Farmers Branch, Garland, Glenn Heights, Grand Prairie, Grapevine, Highland Park, Hutchins, Irving, Lancaster, Mesquite, Ovilla, Richardson, Rowlett, Sachse, Seagoville, Sunnyvale, University Park, Wilmer, and Wylie, is that information normally restricted by 552.130(b), Government Code, which includes but it not limited to driver’s license numbers, are disclosable to me since I will comply with the conditions set forth in 730.007(d), Transportation Code.
Second, “the difficulty or cost of compliance does not determine whether the information is available to the public” (Texas Attorney General Open Records Decision 519, Feb. 2, 1989). I invite you to find contrary TAG decisions.
Third, you have not discerned whether this data falls under the Texas Public Information Act or constitutes case records, which does not fall under TPIA. It is my interpretation that this data falls under TPIA. However, if the data in the MySql database is in fact case records, then it is disclosable, in full, unredacted, under common law rights affirmed by SCOTUS, provided it’s not used for any “improper” purpose.
Chase wrote back at 11:14 AM:
We obviously see the issue differently. The City’s position has been provided to you. The City will provide the requested documentation upon receipt of payment. I respectfully request that any further conversation regarding this issue be ceased in order to protect the City in any future legal proceedings regarding this matter.
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| Tue, 03/08/2011 |
Texas Attorney General confirmed Ferris's withdrawal of their request for an open records decision. (See attached.) |
Ferris img-110311101728-0001.pdf | |||||||||||||
| Wed, 02/16/2011 |
Emailed Chase Griffith, pointing out that I requested a backup copy of a MySql database, not copies of paper case records. |
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| Mon, 02/07/2011 |
Received two different letters from Ferris's attorney B. Chase Griffith. (Receipt delayed due to SMU closure last week due to ice.) Letter 1 says that they are rescinding their Texas Attorney General request for a Public Information Opinion. Letter 2 says they have about 400,000 documents relevant to my request and would be happy to produce them for $40,360.00. |
img-110207085656-0001.pdf, img-110207085753-0001.pdf | |||||||||||||
| Sun, 01/23/2011 |
Sent letter to Texas Attorney General stating my side of the issue (attached). |
Ferris - TAG appeal.pdf | |||||||||||||
| Fri, 01/21/2011 |
Through an attorney, Ferris appealed my open records request to the Texas Attorney General. Letter attached. (This is standard procedure for when a jurisdiction does not feel the open records request is proper.) |
Ferris-Open records rejection.jpg | |||||||||||||
| Wed, 01/05/2011 |
Doug responded with: Since your new request exceeds the scope of your last open records request you will need to call our City Hall and get another Open Records request form. You can call Shalonda Nelson at 972-842-5761 for more information about this process. I called Sholanda, and she faxed me the form. Filling out the form was simple, and I included a copy of the email sent to Doug. I faxed it back but kept running into errors, probably due to a problem with Ferris's fax machine. I emailed Doug a PDF copy of the faxed document. |
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| Tue, 01/04/2011 |
Emailed Doug Childers with a formal request of a backup copy of their MySql database. |
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| Fri, 07/23/2010 |
Received response from Ferris in the US mail. Main points:
(Ferris's response will not be on this web site because it contains some personally-identifying information.) |
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| Fri, 07/02/2010 |
Called Shalonda (972-544-2110). Asked for the info that Doug had provided her. After lengthy hold (> 6 minutes), she said that all she got was about 5 pages of sample data (my interpretation). She is presenting it to the city attorney to see what can be released to me. I asked her if it can be faxed to our departmental fax machine, and she said that should be OK. She asked if any fees had been discussed with me, and I said that fees would be unusual for such a small job. She didn't respond to that. Emailed Doug back basically asking if he intended for Shalonda to only have this sample data and not any electronic exports. |
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| Wed, 06/30/2010 |
Got this email from Doug Childers: Just wanted to let you know all may data has been turned in to our city manager and his secretary. Since you want all the data release which includes all personal information he has sent your request along with the penal code that you sent me to our city attorney. Please follow up with Shalonda at our city hall for the status of your request. Thanks again and have a great day. |
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| Fri, 06/25/2010 |
Called Doug Childers (972-842-2752). Was in meeting (4:03 PM). |
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| Tue, 06/22/2010 |
Asked Doug Childers for status. |
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| Thu, 04/29/2010 |
Asked Doug Childers for status update. |
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| Tue, 03/30/2010 |
Doug Childers responded with, "Just wanted to give you an update. I did receive your fax last week. Our court clerk has been our recovering from surgery so when she returns this week I will get with her on the reports that we need." |
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| Fri, 03/19/2010 |
Shalonda called at 11:38 AM (972-842-5761) to say that Doug (the IT guy) had to respond to some "tower" outage last night but will be in at lunch. She expected to be able to call back this afternoon. Doug Childers called at 3:35 PM (972-842-2786). Highlights of call:
Shortly afterwards (around 4 PM) faxed him copy of transportation code plus updated version of requested fields, and sent email that fax had been sent. |
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| Thu, 03/18/2010 |
Shalonda will call the IT department and call me back. Will call back tomorrow. Explained that the response should have been 10 days after my original, September 8, 2009 request and that I may need to engage the Texas Attorney General's open records staff if they don't cooperate. Shalonda apologized, gave the same story about a part time IT guy and "2-3 systems," and said she’ll get back with me by tomorrow with an update. |
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| Tue, 01/26/2010 |
Called Shalonda. She says IT guy is setting up a new traffic ticket records system and that is delaying her fulfilling this request. She will talk to him tomorrow. Says that the traffic ticket records system has changed since I last called and that police are using new system to issue tickets (if I understood her correctly?), but still maintains there are no electronic records available. |
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| Wed, 12/09/2009 |
Called for Shalonda, but she is out. Reached Pat and asked for a follow up on my open records request from September. Pat found Shalonda's folder. Said it has 14 pages in it but wasn't really sure if it is a complete response to the request. She said Shalonda would probably return tomorrow. |
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| Tue, 12/08/2009 |
Called for Shalonda, but she had already left for the day. |
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| Wed, 10/28/2009 |
Shalonda said she hasn't been able to get with their IT guy because he is a contract employee and she is never sure of his schedule. I said I'll check up again in about a week. |
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| Mon, 10/19/2009 |
Shalonda says their IT department is in the middle of a "transition," possibly to new traffic ticket management software. This suggests that Ferris may in fact have electronic data of its traffic tickets.
I assured Shalonda that I am not in a rush but would appreciate hearing back the middle of next week if possible. |
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| Thu, 10/15/2009 |
Shalonda left message requesting call back about my open records request. (972-544-2110) |
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| Tue, 09/08/2009 |
EDIT: Shalonda was originally mis-spelled as Cholanda. Submitted new TPIA request: Ms. Bradley,
Thank you for your assistance, Aren Cambre, Doctoral Student Southern Methodist University Fax: 214-768----- (departmental fax; please call first so I can know to pick it up) |
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| Thu, 08/27/2009 |
Received call from Shalonda Nelson from 972-842-5761. She says that they retain 5 years of records and have no electronic copies. I said to cancel the TPIA request and that I will get back with them if I can figure out a viable way to deal with paper records. |
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| Tue, 08/25/2009 |
Emailed request to Pat Bradley, City Secretary. |
This work by Aren Cambre is licensed under a Creative Commons Attribution 3.0 United States License.