‘Gy arom eof Hea zg srs ANNETTE JONES PO. Basso Sow PaTTERSON War, Teas 76702-2570 Suomi weston ay ah 8 Amin KATHLEEN PERDON Phone 2503505680 NDA SIORGEN Fae G5 350888 Aion ly Asomaye June 3, 2015 Jason Sickles 1680 N. Giennville Dr, Ste, 100 Richardson, TX 75081 Re: Public Information Requests received May 19, 2015; LGL-15-174 Dear Mr. Sickles: ‘The City of Waco is in receipt of your request for records. The City of Waco takes the position that some of the information requested is exempt from public disclosure. Therefore, as ‘equited by the Public Information Act (Tex. Gov'r. CDE, § 552,301), the City is requesting a Gecision from the Texas Attomey General's Office on whether the records may be withheld. A copy of the City’s letter tothe Attomey General is attached The Attomey Generl’s Office wll determine in a writen response to you and tothe City ‘Whether all or part of the withheld records must be released o you. Ifthe Attomey General decides that such records must be released, the City will then either release the records or pursue other options available through the Public information Act. You willbe notified ifthe City decides not to release the records after the Attomey General issues is opinion, ‘Regarding the information thatis not exempt from publle disclosure, we would Uke to {inform you that the City of Waco has nineteen (19) pages of information to provide for your Tequest. AtS.10 per standard page, there isa total cot of $1.90 for the records. Upon receipt of payment, we will forward the records to you, or you may come by our office and pick them up. ur o ing by to 7 youprefer to mail your payment, your check or money order should be made payable othe Ct ‘Waco and mailed to the attention of Legal Services at the above address. Assislant City AttorneyENOIFER RICHTE Lop Series PO, Banas ‘Cty Atomey ens Wie, Tena 16102.2870 SouovparrensoN Cy aed atin SOSEPHILAYNAN Piove (a5) 1503680 Supmmtnexros Fee Bsa 7505868 EATILEENFERDON EMAL jukhewaces gor Asst Cy Aten une 3, 2015 Hon. Ken Paxton Texas Attorney General Open Records Division P.O. Box 12548 Austin, Texas 78711-2548 Re: Public Information Request received May 19, 2015 Requestor: TERESA SCHILLER JASON SICKLES ANNECLAIRE STAPLETON KTVT NEW DESK ALAN HENKEL City of Waco Reference #: LGL-IS-173; LGL-1S-174; LGL-AS-175; LOLAS-176; LGL-1s-177 Public Information Request received May 20, 2015 Requestor: OLIVIA MESSER City of Waco Reference #: LGLIS-178, Public Information Request received May 21, 2015 Requestor: JOSEPH ELLIS City of Waco Reference #: LGLIS-179 Dear Attorney General: ‘The City of Waco, Texas has received several requests for public information conceming the incident that took place ou May 17, 2015 at the Twin Peaks located in Wavy flow seven different requestors (EXHIBIT 1), The City of Waco's response letter is attached as EXHIBIT. 2 The City of Waco contends that all or part of the information requested is excepted fom public disclosure pursuant to the herein recited section or sections of the Govemment Code and ater cited law. Because the City asserts that the information requested is excepted font slisclosure under said law, the City is submitting this request for a decision. ‘The City of Wace ‘was closed May 25, 2015 in observance of Memorial Day. 1 ‘The City has released some of the information requested. However, itis the City’s postion that Some of the infomnation is exempt from disclosure and has not been releasod. ‘The City has submitted this information previously on June 2, 2015 and the status remains the same‘The requests recived by the City conceming a pening City of Waco Police Report [EXHIBIT 3, It's the City’s postion that some ofthe requested information is excepted fom cieconere under the following laws: Gov't Code, Section 52.108: Exception: Certain Law Enforcement and Prosecutorial Information (2) Information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of a crime is excepted from the requirements of Section $52.021 if (D he release of the information would interfere with the detection, investigation, or prosecution of crime. The information requested is held by @ law enforcement agency dealing with te deestion, investigation, andor prosecution of ime which is still open and pending. “The need w watocl {he infomation pertaining to an open and pending case in order to deal with the deectns investigation, andor prosecution of a csime is « compelling reason for nondislosute of ho information. The release of the information would interfere with the investigation or proccorteg of the crime which i the subject of said information. The information shoul be cxccpcd tay dlsclosure under the statutory exception ated in his reply tothe Attorney General, "The Cy will release basic information. Gov't Code, Section 552.101. Exception: Confidential Information Information is excepted from the requirements of Section 552.021 if is information considered tobe confidential by nv either constitutional, statutory, or by judicial decision. Some ofthe responsive information is exespted from required dislosure under section 852.101 ofthe Goverment Code in conjunction with the common-aw physical safey exception The Dubie release] if disclosure would crete a substan tveat of physical harm.” 1d. Inaplyiog this new standard, the court noted "deference must be afforded law enforcement errere ‘eaaring the probability of harm, but futher cautioned, "vague assertions of ak will no ory the day." Id. at 119.responsive information will jeopardize the safety of those involved in the detection, investigation, and/or prosecution ofthe pending criminal cases, Gov't Code, Section 552.152: Confidentiality of Information Concerning Public ‘Employee or Officer Personal Safety Information in the custody of a governmental body that relates fo an employee or officer of the governmental body is excepted from the requirements of Section ‘threat of physieal harm. ‘The City also contend that some ofthe responsive information pertains to employees or oficem ofthe Waco pice department as well as other governmental agencies involved in the dlosion investigation, and/or prosecution of the pending criminal cases. Release of this information 1s ender to comply with Sestion $52.301(e) Gov't Coe, the City of Waco is submiting a copy of information which pertains to the specific information requested and is labeling tat copy HIGHLIGHTING to indicate which exceptions apply to which pats of the coy, That fe HIGHLIGHTED PORTIONS INDICATE INFORMATION WHICH SHOULD’ Bs EXCEPTED FROM DISCLOSURE UNDER THE STATUTORY EXCEPTIONS STATED IN ‘THIS REPLY TO THE ATTORNEY GENERAL. ‘Toank you for your consideration ofthis mater. Ifyou should require more information, please do not hesitate fo contact me.