Texas Tech After incident report

Matthew Guariglia filed this request with the Texas Tech of Texas.
Tracking # OR2018-00406
Status
Rejected

Communications

From: Matthew Guariglia

To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

Any reports, including after incident reports, filed in regards to the 10/9/2017 event that resulted in the death of an officer.

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,

Matthew Guariglia

From: Texas Tech

Mr. Guariglia,

Would you please give me a call regarding this request at your earliest convenience. This matter is being investigated by the City of Lubbock Police Department and they are insisting that we not release anything due to it being an ongoing investigation. We do have a media report (public report) that we could release if that is acceptable for your request, but we cannot release the full report. Please let me know if that would satisfy this request. If not, we will need to request an opinion from the Texas Attorney General which could take 2 to 3 months and they will almost always withhold it anyway for an "ongoing investigation" under Texas Government Code section 552.108.

Sincerely,
Ronny H. Wall
Associate General Counsel
Texas Tech University System
(806) 742-2155

This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.

Required IRS Circular 230 Disclosure: Any U.S. tax advice contained in the body of this e-mail (including any attachments) is not intended or written to be used, and cannot be used, by the recipient for the purpose of (1) avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein.
[TTColor-VM2]

October 10, 2017
Texas Tech
Texas Tech University
ATTN: Public Information
2500 Broadway
Lubbock, Texas 79409

To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

Any reports, including after incident reports, filed in regards to the 10/9/2017 event that resulted in the death of an officer.

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,

Matthew Guariglia

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[http://email.requests.muckrock.com/o/eJwNzMsKwyAQQNGvqUtxJo6PhYuG9DuK0YGGIGl9kN-v3O3h5kBkxBFQgQU1QwBFEpA8olxW658bvswGGlfEh1aVf4Nbb7KMdNYrnTJdRXxCjC5li2Qw-cRAe8zWRbPobED56MRk5X3koLVZyIkavpWbvHkvsXWuc937kJzHH23CKvs]

From: Texas Tech

An interim response, stating the request is being processed.

From: Matthew Guariglia

Hello Mr. Wall,

I would like to keep this request ongoing as the investigation continues, and acquire a copy of its findings once it is complete, even if the timeline for its completion is unclear at this time.

Best,

Matthew Guariglia

From: Texas Tech

Mr. Guariglia,
Since we did not hear from you, we have sent your request to the Attorney General for review. We fully expect the AG to withhold all documents as it is an ongoing investigation. Texas does not allow standing requests so you will need to resubmit your request after the AG has a made a ruling or the City of Lubbock Police Department has agreed to release the information. You would be best served by sending your request to the City of Lubbock since they will ultimately decide when information will be released, not TTU.

Sincerely,
Ronny H. Wall
Associate General Counsel
Texas Tech University System
(806) 742-2155

This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.

Required IRS Circular 230 Disclosure: Any U.S. tax advice contained in the body of this e-mail (including any attachments) is not intended or written to be used, and cannot be used, by the recipient for the purpose of (1) avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein.
[TTColor-VM2]

From: Texas Tech

When we receive an opinion from the Texas Attorney General, we will respond accordingly.

Sincerely,
Ronny H. Wall
Associate General Counsel
Texas Tech University System
(806) 742-2155

This communication, including any attachments, originates from an Attorney and may contain confidential information and is intended only for the individual or entity to whom it is addressed. Any review, dissemination, or copying of this communication by anyone other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, delete and destroy all copies of the original message.

Required IRS Circular 230 Disclosure: Any U.S. tax advice contained in the body of this e-mail (including any attachments) is not intended or written to be used, and cannot be used, by the recipient for the purpose of (1) avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein.
[TTColor-VM2]

From: Texas Tech

The request has been rejected by the agency.

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