Articles By Bob Gorsky DPA FILES RECORDS LAWSUIT On August 28, 2008, we filed a lawsuit against the City of Dallas on behalf of the DPA as a result of two (2) open records requests submitted on the DPA’s behalf that we think the City failed to completely respond to. The first request, on June 2, 2008, sought information regarding Chief Kunkle’s proposed reorganization of the Police Department and creation of a Commanders rank. The second request was made on June 13, 2008 and asked for information regarding the bonuses paid to Chief Kunkle, the Assistant Police Chiefs and Deputy Chiefs. The lawsuit followed efforts on our part to obtain all documentation in the City’s possession responsive to the open records request. While some additional information was produced as a result of our follow up, we believe that the City continued to fail to fully respond. For example, regarding the creation of the Commanders rank, the City produced the first page of memorandum marked draft from Chief Kunkle to Assistant City Manager Ryan Evans and dated May 5, 2008. When we pointed out that there was obviously a second page, the City produced a second page of a draft dated April 16, 2008. Given the discrepancy in the dates of the draft memorandums—May 5, 2008 and April 16, 2008—DPA sent another follow-up letter to the City, but the City claimed there were no other pages. The Texas Public Information Act is on the books for a reason and it must be complied with. In light of the City’s actions, we had to file suit. As of the submission of this column, the City had not filed an answer to the lawsuit. It has until September 29, 2008 to do so. CAR ACCIDENT SURCHARGE (GOOD IDEA OR BAD?)..... According to an August 9, 2008 Dallas Morning News article, the City is reportedly looking at charging a $400 - $500 fee to non-residents for wrecking their cars in Dallas. It’s not clear how the plan, if implemented, would be enforced but it would be assessed against all parties to the accident, not just those at fault. While raising needed money through “creative” means might be needed, charging those who are not at fault is a bad idea. I only hope that you’ll be exempt. TASER LOSES ONE….. A California jury found Taser International, Inc. 15% liable and awarded $6.2 million to the family of a man who died after he was tasered multiple times. The jury found that Taser International, Inc. failed to warn police that prolonged exposure to electrical shock could cause a risk of cardiac arrest. Before the verdict Taser had never lost a product liability claim. Taster International, Inc. will have to pay its proportionate share of the award, if its upheld on appeal. ______________________________________________________________ Bob Gorsky is a partner at the Dallas law firm of Lyon, Gorsky, Haring & Gilbert, L.L.P., 3131 McKinney Avenue, Suite 100, Dallas, Texas 75204; 214/965-0090, website: lyongorsky.com or email Bob at bgorsky@LyonGorsky.com. _______________________________________________________________ |