Texas FOIA Request: Records of TX.Pen.Code 25.03 (Harris County DAO)

Egalitarian Network filed this request with the Harris County District Attorney’s Office of Houston, TX.
Est. Completion None
Status
Fix Required

Communications

From: Egalitarian Network

To Whom It May Concern:
This request is made under the THE FREEDOM OF INFORMATION ACT 5 U.S.C. § 552, which guarantees the public’s access to information in the custody of governmental agencies. I respectfully request the following information::

Documents and original electronic communications format of any internal manuals, internal memorandums, meeting agendas, e-mails, system records, electronic messaging, written correspondence, Harris County District Attorney's policies, written directives, statistical records, filed charges or other guiding material containing any of the following exchanges between officials affiliated with the Harris County District Attorney's Office between March 1, 2017 to present day that only references the following phrases for keyword search:

(1.) “Interference with Child Custody”

(2.) “ICC”

(3.) “Texas Pen. Code Sec. 25.03”

(4.) “Texas Penal Code § 25.03”

To narrow down the request for the phrase word search identified above, I am also providing email domains and email addresses to search within for key phrase search:

(1.) Harris County District Attorney Office ( “@dao.hctx.net” )

(2.) Harris County Sheriff Department ( “@sheriff.hctx.net” )

(3.) Houston Police Department ( “@houstonpolice.org” )

(4.) Harris County Constable Precinct 4 ( “@cd4.hctx.net” )

(5.) Texas Attorney General’s Office ( “@oag.texas.gov” )

(6.) Kim Ogg ( “ogg_kim@dao.hctx.net” )

(7.) Beth Barron ( “barron_beth@dao.hctx.net” )

(8.) Carvana Cloud ( “cloud_carvana@dao.hctx.net” )

(9.) Julie Roja ( "rojas_julie@dao.hctx.net” )

Please understand “officials” to include individuals identified as the following: District Attorney; Administrative Assistant; Assistant District Attorney; Chief Administrative Officer; Director of Intake; Caseworker; Investigators; Director of Communications; Licensed Texas Peace Officer, Recipient Agency, Source Agency Individuals employed and/or contracted with Harris County District Attorney’s Office.

The requested records' release does not interfere with law enforcement and crime prevention, the Open Records Act's exceptions does not apply.

The Texas Public Information Act requires that you "promptly produce" the requested records unless, within 10 days, you have sought an Attorney General's Opinion. If you expect a significant delay in responding to this request, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

The requested records will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage. Disclosure of this information is in the public interest because providing a copy of the information primarily benefits the general public. I therefore request a waiver of all fees and charges pursuant to Section 552.267 of the act.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Egalitarian Network

From: Egalitarian Network

To Whom It May Concern:
This request is made under the THE FREEDOM OF INFORMATION ACT 5 U.S.C. § 552, which guarantees the public’s access to information in the custody of governmental agencies. I respectfully request the following information::

Documents and original electronic communications format of any internal manuals, internal memorandums, meeting agendas, e-mails, system records, electronic messaging, written correspondence, Harris County District Attorney's policies, written directives, statistical records, filed charges or other guiding material containing any of the following exchanges between officials affiliated with the Harris County District Attorney's Office between March 1, 2017 to present day that only references the following phrases for keyword search:

(1.) “Interference with Child Custody”

(2.) “ICC”

(3.) “Texas Pen. Code Sec. 25.03”

(4.) “Texas Penal Code § 25.03”

To narrow down the request for the phrase word search identified above, I am also providing email domains and email addresses to search within for key phrase search:

(1.) Harris County District Attorney Office ( “@dao.hctx.net” )

(2.) Harris County Sheriff Department ( “@sheriff.hctx.net” )

(3.) Houston Police Department ( “@houstonpolice.org” )

(4.) Harris County Constable Precinct 4 ( “@cd4.hctx.net” )

(5.) Texas Attorney General’s Office ( “@oag.texas.gov” )

(6.) Kim Ogg ( “ogg_kim@dao.hctx.net” )

(7.) Beth Barron ( “barron_beth@dao.hctx.net” )

(8.) Carvana Cloud ( “cloud_carvana@dao.hctx.net” )

(9.) Julie Roja ( "rojas_julie@dao.hctx.net” )

Please understand “officials” to include individuals identified as the following: District Attorney; Administrative Assistant; Assistant District Attorney; Chief Administrative Officer; Director of Intake; Caseworker; Investigators; Director of Communications; Licensed Texas Peace Officer, Recipient Agency, Source Agency Individuals employed and/or contracted with Harris County District Attorney’s Office.

The requested records' release does not interfere with law enforcement and crime prevention, the Open Records Act's exceptions does not apply.

The Texas Public Information Act requires that you "promptly produce" the requested records unless, within 10 days, you have sought an Attorney General's Opinion. If you expect a significant delay in responding to this request, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

The requested records will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage. Disclosure of this information is in the public interest because providing a copy of the information primarily benefits the general public. I therefore request a waiver of all fees and charges pursuant to Section 552.267 of the act.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Egalitarian Network

From: Harris County District Attorney’s Office

Thank you for your email to our office. However, you may have sent this to us in error. The office of the Harris County Attorney does not have the requested information. We believe that the Harris County District Attorney’s Office may be able to assist you. We advise that you contact them directly. Thank you.

[https://img.newoldstamp.com/f/000/027/u314.png?589b4e7459337]
Amaka Balonwu, J.D.
Public Information Coordinator
General Counsel Practice Group
Office of Harris County Attorney
1019 Congress, 15th Floor
Houston, Texas 77022
Direct Dial: (713) 274- 5352
Amaka.Balonwu@cao.hctx.net<mailto:Amaka.Balonwu@cao.hctx.net>

From: Egalitarian Network

Hi,

Thanks so much for your help with this request! I really appreciate it.

Sincerely,
Brian Greer

From: Harris County District Attorney’s Office

Please see the attached correspondence seeking clarification of your request dated January 11, 2020 and received by our office on January 21, 2020. Contact me with any questions.

Elizabeth Stevens
Assistant District Attorney
Harris County District Attorney's Office
500 Jefferson, Suite 600
Houston, Texas 77002
713.274.5949

From: Egalitarian Network

Good Morning,

Thank you for following up with me regarding the FOIA request.

To address your clarification request, please see following clarifying details below regarding the filed January 11, 2020 FOIA request for records of :

1. Harris County District Attorney's Office policy regarding the complaint, investigation and prosecution of Texas Penal Code 25.03 - “Interference with Child Custody” .

2. Please see attachment for Statistical records request from March 1, 2017 to present day example format

3. The FOIA request is for all correspondence that only references the previous 1-4 phrases for keyword search, that is identified within the previously 1-9 listed email domains and email addresses from March 1 2017 to present day.

4. The term “recipient agency” means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program.

Thank you and again and I look forward to your response in this matter.

From: Harris County District Attorney’s Office

Please see the attached correspondence which was submitted to the Attorney General today. I am in the process of gathering and reviewing the information you have requested, and submit this request to the Attorney General in the event that there is information for which we need to see a ruling. Please contact me with any questions.

Elizabeth Stevens
Assistant District Attorney
Harris County District Attorney’s Office
500 Jefferson, Suite 600
Houston, Texas 77002
713.274.5949

  • Attorney General Correspondence - Request for Determination

From: Harris County District Attorney’s Office

Please see the attached correspondence which is being submitted to the Attorney General today concerning your request of January 21, 2020. Contact me with any questions.

Elizabeth Stevens
Assistant District Attorney
Harris County District Attorney's Office
500 Jefferson, Suite 600
Houston, Texas 77002
713.274.5949

From: Harris County District Attorney’s Office

The request has been forwarded from one agency to another agency or department for further review or follow up.

From: Harris County District Attorney’s Office

The Attorney General's determination dated April 24, 2020 is attached. The Attorney General likely mailed your copy to the mailing address. I will review the information and determine if responsive emails not excepted from disclosure remain to be produced and will let you know as soon as possible.

From: Egalitarian Network

To Whom It May Concern:
This request is made under the TX Public Information ACT and THE FREEDOM OF INFORMATION ACT 5 U.S.C. § 552, which guarantees the public’s access to information in the custody of governmental agencies. I respectfully request the following information:

1. The 2017-2021 general manuals on the operating procedures/guidelines and policies within the Harris District Attorney's Office:

- Interference with Child Custody, TX Pen. Code 25.03, a state jail felony.
- Kidnapping, TX Pen. Code 20.03, a felony

The laws are decades old, so I'm requesting a copy for my upcoming meeting with legislatures.

A recent investigative story covering the DA's office highlighted such a policy in the public domain. See minute 7:08 of https://www.youtube.com/watch?v=xd8ikXV-c9s references such document. By the look of the document, it is not titled as a training document nor does it contain training impressions on the page as such. Therefore, it does not seem excepted from public disclosure as a work product under Gov’t Code Section 552.108(a)(4)(B) and 552.108(b)(3)(B). The document is procedural as a policy as it discusses steps and exceptions as guidelines.

2. Any and all professional integrity, civil rights, internal affairs complaints, grievances, and corrective actions between the years of 2018-2021 filed against:
- Kimbra Kathryn 'Kim' Ogg
- Carvana Cloud
- Julie Roja
- Elizabeth 'Beth' Barron
- Mary McFaden

I want to kindly emphasize that my request does not interfere with the detection, investigation, or prosecution of a crime.
This formal request is NOT seeking information on active cases per Government Code 552.101 and 552.108, merely requesting the records, policies, and procedural documents.

The Texas Public Information Act requires that you "promptly produce" the requested records unless, within 10 days, if you expect a significant delay in responding to this request, please contact me with information about when I might expect copies.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

The requested records will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press, and is made in the process of news gathering and not for commercial usage. Disclosure of this information is in the public interest because providing a copy of the information primarily benefits the general public. I, therefore, request a waiver of all fees and charges pursuant to Section 552.267 of the act.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available, or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 business days, as the statute requires.

From: Harris County District Attorney’s Office

Good afternoon,

Please see the attached clarification request concerning your recent record requests.

Thank you,

General Litigation Division
Harris County District Attorney's Office
Harris County, Texas
Phone: 713-274-5816
Email: PIARequest@dao.hctx.net

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