Texas City Police - Arrest of Christopher Shull by Officer Scott Harrell - Chief's Text Messages

Stuart Martin filed this request with the Texas City Police Department of Texas City, TX.

It is a clone of this request.

Tracking #

2023-960

Status
Completed

Communications

From: Stuart Martin

To Whom It May Concern:

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

Any text message(s) controlled, maintained or archived by the Texas City Police Department or the City of Texas City, TX having the following requirements:

1) Dates for the text message(s): Between May 26, 2023 to June 05, 2023.
2) Any and all text message(s) sent or received on the Texas City Police Chief's Department Issued Cell Phone.
3) Any and all text message(s) sent or received in the transaction of official business from Texas City Police Chief's Personal Cell Phone.

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: Texas City Police Department

You have submitted a request for the following public information from the City of Texas City:

"Any text message(s) controlled, maintained or archived by the Texas City Police Department or the City of Texas City, TX having the following requirements: 1) Dates for the text message(s): Between May 26, 2023 to June 05, 2023. 2) Any and all text message(s) sent or received on the Texas City Police Chief's Department Issued Cell Phone. 3) Any and all text message(s) sent or received in the transaction of official business from Texas City Police Chief's Personal Cell Phone. Any email controlled, maintained or archived by the Texas City Police Department or the City of Texas City, TX having the following requirements: 1) Dates for the emails: Between May 26, 2023 to June 05, 2023. 2) Any and all email(s) sent by or received by Texas City Police Officer Scott Harrell (sharrell@texascitytx.gov)."

The following is the request response from the City of Texas City:

Request was received on June 5, 2023. Your PIR No. is 2023-960.

Rhomari Leigh, TRMC
City Secretary
City of Texas City
1801 9th Ave. N.
Texas City, Texas 77590
Fax: (409) 643-5917

*Please do not reply to this email. You may email at rleigh@texascitytx.gov *

From: Texas City Police Department

You have submitted a request for the following public information from the City of Texas City:

"Any text message(s) controlled, maintained or archived by the Texas City Police Department or the City of Texas City, TX having the following requirements: 1) Dates for the text message(s): Between May 26, 2023 to June 05, 2023. 2) Any and all text message(s) sent or received on the Texas City Police Chief's Department Issued Cell Phone. 3) Any and all text message(s) sent or received in the transaction of official business from Texas City Police Chief's Personal Cell Phone. Any email controlled, maintained or archived by the Texas City Police Department or the City of Texas City, TX having the following requirements: 1) Dates for the emails: Between May 26, 2023 to June 05, 2023. 2) Any and all email(s) sent by or received by Texas City Police Officer Scott Harrell (sharrell@texascitytx.gov)."

The following is the request response from the City of Texas City:

Please find attached the documents that were responsive to your request.

City of Texas City
1801 9th Ave. N.
Texas City, Texas 77590

*Please do not reply to this email. You may email at cityhall@texascitytx.gov * 

From: Stuart Martin

Subject: Public Records Request No. PIR 2023-960

Ms. Leigh,

I received an email on 06/14/2023 that documents related to my request were attached to an email but did not see any attachments. Could you verify that the documents were sent along with the email.

Sincerely,

Stuart

From: Texas City Police Department

Good afternoon,

Please see attached.

Many thanks,
Rhomari Leigh, TRMC

DISCLAIMER: This email (plus any attachments) is a public record of the City of Texas City and may subject to public disclosure under the Texas Public Information Act.

From: Stuart Martin


To Whom It May Concern:

Please find enclosed a check for $21.60 to satisfy the fee associated with the attached public records request.

Thank you.

Check sent by Muckrock Staff

Pay to the order of:

City of Texas City
City Secretary
PO Box 2608
1801 9th Ave. N.
Texas City, TX 77590

#11049
Amount of: $21.60
  • Created — 06/22/2023
  • In Transit — 06/26/2023
  • In Local Area — 06/29/2023
  • Processed For Delivery — 06/29/2023
  • Deposited — 07/06/2023

From: Stuart Martin

Ms. Leigh,

On June 29, 2023, I see that the City received the check for payment of my Open Records Request. Do you have any updates on when the information will be released?

Thanks,

Stuart

From: Texas City Police Department

Good morning,

I received a check on 7/3/2023, not 6/29/2023. I also never received a written notice that the estimated charges were accepted, as required in Texas.

Nonetheless, I began processing this request on 7/5/2023. This request consisted of more redaction than was estimated. It is currently being reviewed by the Legal Department and will be sent, via email, once complete.

Many thanks,
Rhomari Leigh, TRMC

DISCLAIMER: This email (plus any attachments) is a public record of the City of Texas City and may subject to public disclosure under the Texas Public Information Act.

From: Texas City Police Department

Good afternoon,

The information you requested contains the home address, home telephone number, emergency contact information, social security number, and/or family member information of a public employee or official, and/or information pertaining to a pending case, investigation, or prosecution of a crime. As allowed by section 552.024 and 552.108(a)(1) of the Texas Government Code, our office is prohibited by law from releasing this personal information to you, and therefore we have removed this information from the enclosed information we are providing to you.

Normally, we must request a ruling from the Texas Attorney General before we can withhold any of the information you requested. However, section 552.024 and 552.108(a)(1) allows us to withhold this specific information without requesting a ruling from the attorney general.

You have the right to appeal our decision to withhold this information from you. Instructions for appeal are at the end of this email. If you do not want to appeal, you do not need to do anything else. Please note that we are only withholding the specific categories of information that are confidential under section 552.024 and 552.108(a)(1). We have processed the rest of your request for information in accordance with the terms of the Public Information Act.

Please use this link to access the requested documents: [​Folder icon] 2023-960<https://tcgov-my.sharepoint.com/:f:/g/personal/rjackson_texascitytx_gov/EsPWTsPytbVLhRYsq4Dk-yUBc6lT_tK_l24mE4pP0q6_XQ?e=5zc4eI>

How to appeal the withholding of information under Gov’t Code section 552.024

If you wish to appeal the withholding of information discussed on the previous page, you must send the following to the attorney general:

1) a signed, written statement indicating your wish to appeal the withholding of information;

2) the name of the governmental body that withheld information from you;

3) the date you made your original request for information; and

4) a copy of your original request for information, or if you are unable to provide a copy, a description of your original request for information.

You may also submit written comments stating why you think the information should be released to you, but you are not required to do so.

Send your appeal by mail to the attorney general at:

Open Records Division

P.O. Box 12548

Austin, Texas 78711-2548
Within forty-five business days after receiving all of the above-listed items necessary to file your appeal, the attorney general will issue a written ruling on the matter. You will receive a copy of this ruling in the mail.

Many thanks,
Rhomari Leigh, TRMC

DISCLAIMER: This email (plus any attachments) is a public record of the City of Texas City and may subject to public disclosure under the Texas Public Information Act.

From: Stuart Martin

Ms. Leigh,

We just reviewed the documents the department provided and we can't locate any of the Chief's text messages as was requested. Is the department opting to withhold the information requested?

Stuart

From: Texas City Police Department

Currently, the City of Texas City does not have an adopted retrieval or retention process for this type of record.

Many thanks,
Rhomari Leigh, TRMC

DISCLAIMER: This email (plus any attachments) is a public record of the City of Texas City and may subject to public disclosure under the Texas Public Information Act.

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