Lake Jackson Texas Police - Arrest of Rolando Reyes by Officer Johnny Cagle and Officer Mendoza - Officer Johnny Cagle's Complaints & IA Report
It is a clone of this request.
| Tracking # |
PD-2023-400 |
| Submitted | Oct. 6, 2023 |
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Communications
From: Stuart Martin
To Whom It May Concern:
Pursuant to the Texas Public Information Act, I hereby request the following records:
1) A copy of any and all complaint(s) received for the following officer: Officer Johnny Cagle.
2) A copy of any and all Internal Affairs Report(s) and or Finding(s) for the following officer: Officer Johnny Cagle.
3) A copy of any and all Disciplinary Record(s) for the following officer: Officer Johnny Cagle.
4) A copy of any termination paperwork, or letter of resignation from the following officer: Officer Johnny Cagle.
Excluded from this request:
a) Confidential information deemed protected by Texas Law, Statute or Attorney General Ruling.
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,
Stuart Martin
From: Lake Jackson Police Department
Dear Requester,
Thank you for your interest in public records of the City of Lake Jackson. Your request has been received and is being processed in accordance with Chapter 552 of Texas Government Code, the Public Information Act. Your request was received in this office on Friday, October 6, 2023 at 1:00 AM (Central Standard Time). Your request has been given the reference number Request Number: PD-2023-400 and the security key 859226 for tracking purposes.
Records Requested:
Field NameResponse
PDAccidentReportRedactionRedacted
PDAccidentNames
CaseorEventNumber
Zip02115
PDInfoRequestedOther
AddressMuckRock News DEPT MR 152878, 263 Huntington Ave
requests@muckrock.com
CityBoston
StateMassachusetts
DescriptionTo Whom It May Concern: Pursuant to the Texas Public Information Act, I hereby request the following records: 1) A copy of any and all complaint(s) received for the following officer: Officer Johnny Cagle. 2) A copy of any and all Internal Affairs Report(s) and or Finding(s) for the following officer: Officer Johnny Cagle. 3) A copy of any and all Disciplinary Record(s) for the following officer: Officer Johnny Cagle. 4) A copy of any termination paperwork, or letter of resignation from the following officer: Officer Johnny Cagle. Excluded from this request: a) Confidential information deemed protected by Texas Law, Statute or Attorney General Ruling. 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, Stuart Martin Upload documents directly:
PDAccidentReportCertifyA
Phone6172991832
PDAccidentAddress
DeliveryMethodElectronic
NameStuart Martin
Your request will be forwarded to the relevant City department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided copies of the records in question. PLEASE NOTE: The Texas Public Information Act does not require a governmental body to create new information, to do legal research, or to answer questions.
You'll receive an email when your request has been completed. Again, thank you for using the Open Records Center.
Thank you,
Lake Jackson Police Department
5A Oak Drive
Lake Jackson, TX 77566
979-415-2704
________________________________________________________________________________________________________
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.
From: Lake Jackson Police Department
Dear Requestor,
The request Request Number: PD-2023-400 has been completed. Please click on the request link to download the response documentation. Any and all formal complaints received by the officer will be in the HR file that I am releasing to you again. I have also attached the letters you are requesting. Internal affair reports are not subject to be released.
Thank you,
Lake Jackson Police Department
5A Oak Drive
Lake Jackson, TX 77566
979-415-2704
________________________________________________________________________________________________________
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.
From: Stuart Martin
Lake Jackson,
Section 552.001 states: (. . .) it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees.
Unless there is a specific exception listed in Chapter 552, all documents must be released unless the government agency requests a decision from the Attorney General’s Office. This request must be made within 10 business days from the receipt of the request. (Sec. 552.301). Your office acknowledged receipt of my request on October 10, 2023 and have failed to request a decision from the Texas Attorney General's Office to withhold any documents.
The request for the following documents have been denied by your office:
• A copy of the complaint against Officer Johnny Cagle. A complaint was not found in the Employee File released.
• A copy of the IA Report for the complaint against Officer Johnny Cagle.
The department has provided a copy of some type of disciplinary action taken against Officer Johnny Cagle, meaning you must have first complied with Section 614.023 of the Texas Government Code:
• Sec. 614.023. COPY OF COMPLAINT TO BE GIVEN TO OFFICER OR EMPLOYEE.
• A copy of a signed complaint against a law enforcement officer of this state or a fire fighter, detention officer, county jailer, or peace officer appointed or employed by a political subdivision of this state shall be given to the officer or employee within a reasonable time after the complaint is filed.
• Disciplinary action may not be taken against the officer or employee unless a copy of the signed complaint is given to the officer or employee.
• In addition to the requirement of Subsection (b), the officer or employee may not be indefinitely suspended or terminated from employment based on the subject matter of the complaint unless:
o the complaint is investigated; and
o there is evidence to prove the allegation of misconduct.
There are two recent Attorney General Decisions that address Internal Affairs Reports you had available to review. Cornyn OR99-1167 and Abbott OR 2012-02011.
With the evidence of disciplinary action taken against Officer Johnny Cagle, I am requesting copies of the documents previously withheld by your department. If the department continues to withhold the requested documents, we will file a Formal Criminal Complaint with the Brazoria County District Attorney’s Office and then to the Texas Attorney’s Office for your violation of the Texas Public Information Act.
Please provide the documents as required by Texas Law.
Attached:
OAG Decision: Abbott OR2012-02011
OAG Decision: Cornyn OR99-1167
Draft copy of Formal Complaint to District Attorney’s Office
From: Lake Jackson Police Department
Good Morning Mr., Stewart,
I have spoken with my Chief of police and there was never a formal complaint made on Officer Cagle. We were aware of the situation instantly and took immediate action ourselves. Again, there was never a complaint made on Officer Cagle, therefore, the documentation you are requesting in nonexistent. We cannot release you a formal complaint if one was never made to us.
Caitlin Stark
Records Secretary
Lake Jackson Police Department
979-415-2709
Cstark@lakejacksonpd.net
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From: Lake Jackson Police Department
Good Morning Mr., Stewart,
I have spoken with my Chief of police and there was never a formal complaint made on Officer Cagle. We were aware of the situation instantly and took immediate action ourselves. Again, there was never a complaint made on Officer Cagle, therefore, the documentation you are requesting in nonexistent. We cannot release you a formal complaint if one was never made to us.
Caitlin Stark
Records Secretary
Lake Jackson Police Department
979-415-2709
Cstark@lakejacksonpd.net
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From: Stuart Martin
Ms. Stark,
Sorry to having to keep following up with you on this, but my requests were based on a press release from the Lake Jackson's Police Department.
Attached is a copy of that press release with the statement: 'March 4,2022 - Incident, Internal Affairs Findings'
I'm a little bit confused here, if an Internal Affairs Investigation happened about this incident it would need to be documented. Correct? Is it still the Department's position that no Internal Affairs Investigation took place?
Stuart
From: Lake Jackson Police Department
The letter I send you already has the Internal Affair findings in it.
Caitlin Stark
Records Secretary
Lake Jackson Police Department
979-415-2709
Cstark@lakejacksonpd.net
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