The Field Review - Local

City of Kyle Continues Improper Records Withholding Practices

NOTE: Nothing in this publishing or on this website should be taken as legal advice.

City of Kyle Continues Improper Records Withholding Practices

We have previously published a story on the City of Kyle’s Texas Public Information Act (TPIA) practices. In that story, the Hays County District Attorney’s Office confirmed the City of Kyle was in violation of the open records act.

A subsequent complaint was made to the Hays County District Attorney’s Office. During that complaint process, as we have previously published, they made changes to their TPIA complaint process.

Since the time of us making a subsequent complaint the Hays County District Attorney’s Office has modified its complaint process again. This may be due, in part, to our response to the new process. After the Hays County District Attorney’s Office modified the complaint process we filed their response with the Texas Attorney General’s Office.

The complaint process we are speaking to in this publishing is not the informal TPIA complaint process where one calls the TPIA line of the Texas Attorney General’s Office and attempts to obtain a complaint number to submit supporting documents.

This process is a request for injunction consideration. An injunction, per Oxford Languages, is:

a judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act, e.g., to make restitution to an injured party.

We have had repetitive issues receiving public records from the City of Kyle; thus, have looked at other means to assure our statutory rights are preserved.

Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, 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. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

Texas Government Code 552.001(a)

Texas Attorney General’s Office Takes Complaint on City of Kyle

The Texas Attorney General’s Office received our complaint and reasoning for why it was filed with their office. The Texas Attorney General’s Office contacted the Hays County District Attorney’s Office. Since such communication, the Hays County District Attorney’s Office has modified their complaint process.

Now, the complaint form requiring a notary is not a mandated document, but a suggestive form to assist in processing complaints related to TPIA violations. Essentially, reverting back to the initial process we completed with the Hays County District Attorney’s Office.

The e-mail address to submit a compliant complaint under Texas Government Code 552.3215 is:

City of Kyle is Accused of Withholding Public Records from the Public

In our complaint we detail four requests made over two years ago which are still, in our opinion, being improperly withheld from the public. The information requested is associated with law enforcement hiring practices and procedures during investigative inquires which may result in civil rights violations.

We have also requested information surrounding the City of Kyles complaint processes. We were attempting to identify if the City of Kyle takes any complaints from citizens and actually resolves them, or do they simply hide in their claims of immunity as a government servant or attempt to undermine the word of the citizens to protect an imagine.

We will update as information becomes available.

A Couple of Our Other Reads

You may be interested in reading about a lawsuit filed by a local attorney for claims of police brutality in the Hays County jail.

Or you may find the our publishing on the Hays County jail, of interest.

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