Open Records Request - 1/24/05

Request to Review Documents Requesting Political Sign Ordinance Changes

Note:  Political Signs are always a hot potato.  Who initiated this change and what was discussed prior to council meetings.  Was there a "walking quorum" to avoid open meeting laws?

-------- Original Message --------
Subject:     Open Records Request 012405-5
Date:     Mon, 24 Jan 2005 08:25:05 -0600
From:     Ron West <rcw@ronwest.org>
To:     Patricia Hutson <PHUTSON@nrhtx.com>

Dear Ms. Hutson:

This is a request under the Texas Open Records Act, chapter 552 of the Government Code (formerly V.T.C.S. article 6252) as well as Article I, Sec. 8 of the Texas Constitution, the First Amendment to the United States Constitution, the common law of the State of Texas and any statue providing for public access to government information.

I request that I be sent copies of the following documents or, if there are a large number, be permitted to inspect the following documents and receive copies of the ones I would like:

   1)    A copy of all interoffice memos, written directives, notes, emails and any other written documents communicated between, from, or to, the Mayor, City Manager, either of the current Assistant City Managers, the City Attorney, all members of the City Council, David Pendley and any other city employees relating to the drafting of the changes to the "Political Sign Ordinance" identified in both the Pre-council and Council Agendas for the 1/24/2005 meetings.  This request is for the period of 90 days preceding today's meeting on 1/24/2005.

This information is requested to try to determine the course of the creation of new city ordinances prior to them showing up as an agenda item for council action in our city.
 
If you have any questions about the nature or scope of this request, please call me at the phone number listed below. If you determine that all or some portion of the information requested is excepted from required disclosure, I request that you provide me with the portions of the requested information that are public and reasonably segrable from that which you believe is excepted. If any records are in active use or in storage, please certify this fact in writing and set a date and hour within a reasonable time when the records will be available, as required by section 552.221 of the Act. If you determine that all or some portion of the information requested is excepted from required public disclosure under a particular exception, I request that you advise me as to which exceptions you believe apply. If you rely on previous determination, please advise me of the applicable court decision or Attorney General's opinion. If there is no such determination, please advise me of the request for such an opinion, as required under section 552.301 of the Act, and a dated copy of your letter to the Attorney General. I call your attention to section 522.353 of the Act, which provides penalties for a failure to release public records. I am prepared to pay reasonable costs for copying, within the guidelines set by sections 552.261, 552.262, 552.263, 552.267, 552.268, 552.269.

Thank you for your attention to this and I expect to hear from your office within ten days.

Sincerely,

Ron C. West

Compliance:   None to date.  City is attempting to deny release of any such documents via request from Charlotte L. Staples (of the same law firm as George Staples) to the Attorney General of Texas for a ruling.