C-1361-15-E
Electronically Filed
4/1/2015 1:59:48 PM
Hidalgo County District Clerks
Reviewed By: Alexis Bonilla
C-1361-15-E
Electronically Filed
4/1/2015 1:59:48 PM
Hidalgo County District Clerks
Reviewed By: Alexis Bonilla
3. Defendant Mike Perez ( Perez ),
is
the City Manager
of
the City
of
Weslaco and
as
such,
is
the public information officer
of
Defendant City. Defendant Perez may be served with process at 500 South Kansas, Weslaco, Hidalgo County, Texas 78596.
VENUE
4
Venue
is
proper
in
this County pursuant to § 552.321
of
the Texas Government Code
and§
15.002
and§
15.0151
of
the Texas Civil Practice Remedies Code because this
is
an action for mandamus against a governmental body located
in
this County.
B CKGROUND F CTS ND C USES
O
CTION
5
Defendant City
is
a municipal governing body within the meaning
of
the Texas Public Information Act, Tex. Govt. Code
Ann §
552.001,
t
seq
( TPIA ), and/or
is
otherwise subject to the TPIA.
6
The TPIA provides that the public
is
entitled to information collected, assembled, or maintained by a governmental body. Tex. Govt. Code Ann. § 552.001 and § 552.021. Governmental bodies may not discriminate against members
of
the media
in
executing their obligations under the TPIA and must treat all public information and document requests uniformly. Tex. Govt. Code Ann. § 552.223.
7
By written request that was hand-delivered
on
October 27, 2014, Melissa Correa, a reporter for KRGV, made a written request (the Request ) to Defendant City under the TPIA, requesting the following document: Weslaco Police Cases: Report Nos. 14-23128, 09-28963, 09-2896; and 10-10340.
8
The information sought
by
KRGV
in
the Request constitutes public information under the TPIA because without limitation, the Request seeks information and documents
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C-1361-15-E
Electronically Filed
4/1/2015 1:59:48 PM
Hidalgo County District Clerks
Reviewed By: Alexis Bonilla
collected, assembled or maintained by a governmental body
in
connection with the transaction
of
official business. Tex. Govt. Code Ann.
§
552.002.
9
The Request was received by Defendant City on October 27, 2014. A true and correct copy
of
the Request
is
attached hereto
as
xhibit
A
and
is
incorporated by reference
as
if
fully set forth herein.
10 In
response
to
the Request, Defendant City produced only cursory information which does not comply with the requirements
of
the statute. 11. Based on information and believe, the Defendant City has produced substantial portions
of
the requested items to KGBT-TV without formal request. Tex. Govt. Code
§
552.007 requires that if a governmental body or public information officer voluntarily makes information available to the public,
in
this case, KGBT-TV, that such information must be made available to any person. The Defendants
in
this case have refused
to
provide the information previously provided
to
KGBT-TV to the Plaintiff,
in
clear violation
of
the statute. 12. The TPIA provides that an officer for public information
of
a governmental body shall promptly produce public information for inspection, duplication, or both
on
application by any person
to
the officer. Tex. Gov. Code Ann.
§
552.221(a). The TPIA further provides that
if
an
officer for public information cannot produce public information for inspection or duplication within ten (10) days after the date the information
is
requested under Subsection (a), the officer shall certify that fact
in
writing
to
the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication. Tex. Govt. Code Ann.
§
552.221(d).
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