Texas Public Information Act Request: Records of Elected Officials

Egalitarian filed this request with the Texas Secretary of State of Texas.
Est. Completion None
Status
Partially Completed

Communications

From: Egalitarian

To Whom It May Concern:

This request is made under the Texas Public Information Act, Chapter 552, Texas Government Code, which guarantees the public’s access to information in the custody of governmental agencies. I respectfully request the following information: copies of the executed "Statement of Officer" (Form 2201) ; notarized "Oath of Office" (Form 2204) and notarized Declination of Remuneration (Form 2207) of the following elected officials:

1. Texas Attorney General Ken Paxton
2. Harris County District Attorney Kim Ogg
3. Dallas County District Attorney John Creuzot
4. Bexar County District Attorney Joe Gonzales
5. Travis County District Attorney Margaret Moore
6. Collin County District Attorney Greg Willis
7. Hidalgo County District Attorney Ricardo Rodriguez, Jr.
8. El Paso County District Attorney Jaime Esparza
9. Denton County District Attorney Paul Johnson
10. Fort Bend County District Attorney Brian Middleton
11. Montgomery County District Attorney Brett Ligon
12. Williamson County District Attorney Shawn Dick
13. Tarrant County District Attorney Sharen Wilson
14. Cameron County District Attorney Luis V. Saenz
15. Brazoria County District Attorney Jerilynn 'Jeri' Yenne

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.

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 by email with information about when I might expect copies of 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.

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,

Brian Greer

From: Texas Secretary of State

This email acknowledges receipt of your request for information under the Public Information Act, and we will process it in accordance with Chapter 552 of the Texas Government Code.

We will let you know if we have any questions or need clarification.
Regards,

Office of the Texas Secretary of State

From: Texas Secretary of State

Good afternoon, Mr. Greer,

Please see the attached letter, with 14 enclosures, in response to your request for information under Chapter 552 of the Texas Government Code.

Jennifer Williams
Legal Assistant to the General Counsel
Office of the Texas Secretary of State

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From: Egalitarian

Thank you for taking the time to gather the requested records. After reviewing the requested records, it was discovered that the requested records are missing for #2 and # 14.
Can you please provide an explanation for the following missing records below that was requested on 1/11/20:

2. Harris County District Attorney Kim Ogg's notarized "Oath of Office" (Form 2204) and notarized Declination of Remuneration (Form 2207)

14. Cameron County District Attorney Luis V. Saenz's "Statement of Officer" (Form 2201) ; notarized "Oath of Office" (Form 2204) and notarized Declination of Remuneration (Form 2207)

Kind regards,

Brian Greer

From: Texas Secretary of State

Good morning, Mr. Greer,

A diligent search of our records did not locate those documents.

The result of a record search evidences only that the document in question has or has not been filed, and does not constitute a conclusion that the document should have been filed.

Jennifer Williams
Legal Assistant to the General Counsel
Office of the Texas Secretary of State

From: Egalitarian

Morning Ms. Williams,

In your last correspondence you stated, "The result of a record search evidences only that the document in question has or has not been filed, and does not constitute a conclusion that the document should have been filed.". Can you please clarify your above statement, what does this mean?

Did Harris County District Attorney Kim Ogg file the required Oath with the Office of the Texas Secretary of State?

Is it the finding of the Office of the Texas Secretary of State that the required Oath of Harris County District Attorney Kim Ogg was not filed ?

Given that Harris County District Attorney Kim Ogg is an elected official, what is the Office of the Texas Secretary of State procedures when elected officials fail to comply with required filings?

From: Texas Secretary of State

Mr. Greer,

We received your email of February 26th in which you asked the following questions:

· In your last correspondence you stated, "The result of a record search evidences only that the document in question has or has not been filed, and does not constitute a conclusion that the document should have been filed." Can you please clarify your above statement, what does this mean?

· Did Harris County District Attorney Kim Ogg file the required Oath with the Office of the Texas Secretary of State?

· Is it the finding of the Office of the Texas Secretary of State that the required Oath of Harris County District Attorney Kim Ogg was not filed ?

· Given that Harris County District Attorney Kim Ogg is an elected official, what is the Office of the Texas Secretary of State procedures when elected officials fail to comply with required filings?

The Office of the Secretary of State provides a repository for official and business and commercial records required to be filed with the Office. A diligent search of our records did not locate those documents. We note that the Public Information Act (the "Act") does not require the governmental entity to answer factual questions, perform legal research, or create new information in responding to a request. See Open Records Decision Nos. 605 at 2 (1992), 563 at 8 (1990), 555 at 1-2 (1990), 534 at 2-3 (1989); see also AT&T Consultants, Inc. v. Sharp, 904 S.W.2d 668, 676 (Tex.1995); Fish v. Dallas Indep. Sch. Dist., 31 S.W.3d 678, 681(Tex. App.-Eastland, pet. denied).

Kind regards,

Jennifer Williams
Legal Assistant to the General Counsel
Office of the Texas Secretary of State

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