Criminal complaint filed against Tarrant County College District with the District Attorney's...

8/17/2019 Criminal complaint filed against Tarrant County College District with the District Attorney's Office

1/18

Ms. Sharen Wilson ID: LSG-2016-TX-0008

Tarrant County District Attorney’s Office

Tim Curry Criminal Justice Center

401 West Belknap

Fort Worth, Texas 76196

Sent via: In Person

April 26th, 2016

Re: Notice of Complaint

Ms. Sharen Wilson,

Please consider this letter a complaint against Mr. Keith Whetstone, who is the Public Information

Officer of Tarrant County College District, for violating the Texas Public Information Act. Based on the

facts stated below I am hereby requesting that you file criminal charges and to prosecute Mr. Keith

Whetstone and all other officials with Tarrant County College District who are responsible for this

violation. See Texas Government Code Ann. Sec. 552.353(e).

1. On March 24th, 2016 I submitted an open records request through the Texas Public Information

Act to Mr. Keith Whetstone who is the Public Information Office of Tarrant County College

District. I submitted the request to his email at: [email protected] and I also cc’ed

the generic open records email address for TCCD at: [email protected]. See Attachment A for a

copy of the letter that I emailed.2. On April 7th, 2016 I filed a written complaint against Tarrant County College District for violating

the Texas Public Information Act with the Texas Attorney General ’s Office. See Attachment B.

3. The Texas Attorney General’s Office sent Tarrant County College District a letter that is in

regards and pertaining to a complaint that I sent to the Texas Attorney General ’s Office. See

Attachment C.

4.

On April 25th, 2016 I sent the Texas Attorney general’s Office a second complaint letter regarding

Tarrant County College District still not responding to my open records request and being

deliberately indifferent to abide by the law. See Attachment D.

5. Tarrant County College District and its officials that were responsible for responding to open

records requests were made aware through my letter to them that the Texas Public InformationAct requires that they "promptly produce" the requested records unless, within 10 days, they

have sought an Attorney General's Opinion. Twenty (20) days if my request requires substantial

programming or manipulation of data. See Tex. Gov’t Code Ann. Secs. 552.221(d) and 231(c).

6. The actions of Tarrant County College District were deliberate, intentional and they have thus

failed to abide by the law. They have demonstrated to have been deliberately indifferent to

abiding by the Texas Public Information Act.

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


2/18

As you may already know, violations of the Texas Public Information Act can result in a fine of up to

$1,000, imprisonment of up to six months, or both. See Tex. Gov’t Code Ann. Sec. 552.353(e). I am

therefore requesting the Tarrant County District Attorney Office to file criminal charges against Mr.

Keith Whetstone, Public Information Office for Tarrant County College District, and all other TarrantCounty College District officials who were in violating of the Texas Public Information Act.

It is imperative for officials to abide by the Texas Public Information Act and violations of the Texas

Public Information Act and deliberate indifference towards the law cannot be tolerated. All officials have

to be held accountable for their actions and all officials must abide by the law.

Please also note that all information contained in this letter is true and correct to the best to my

knowledge.

Contact methods:

If an employee with the Tarrant County District Attorney’s Office would like to contact me, I would

request for it to be in writing. If your office needs any more information from me regarding this

complaint, I would be happy to send it to you guys. My email address is at: [email protected]. You

can also send me correspondence that is in regards to my complaint at the following mailing address:

Isaiah X. Smith

Isaiah Smith Campaign

P.O Box 163411

Fort Worth, Texas, 76161

Respectfully,

Isaiah X. Smith


P.O Box 163411


www.isaiahxsmith.com

cc:

mailto:[email protected]:[email protected]:[email protected]://www.isaiahxsmith.com/http://www.isaiahxsmith.com/http://www.isaiahxsmith.com/mailto:[email protected]


3/18

Texas Attorney General’s Office (Complaint ID# 614488)


4/18

ATTACHMENT A


5/18

Page 1 of 2

Tarrant County College District ID: SPIR-2016-TX-0007

Attention: Keith Whetstone

1500 Houston Street


[email protected]

Sent via: Electronic mail

March 24th, 2016

Re: Open Records Request

Mr. Whetstone,

Under the Texas Public Information Act, §6252-17a et seq., I am requesting an opportunity to obtain

copies of public records that Tarrant County College District has in its possession. I am hereby requesting

the following public records:

1. A copy of Mr. Mark Evans application for employment. Mr. Mark Evans is a teacher at the Trinity

River Campus of Tarrant County College District.

2. Mr. Mark Evans disciplinary file with Tarrant County College District.

Tarrant County College District is a public educational institution that receives federal financial

assistance. Mr. Mark Evans is a professor at a public educational institution and is thus employed by a

public educational institution in the State of Texas.

I would like to request a waiver of all fees associated with this request because the information is in the

public interest and will contribute significantly to the public’s understanding of the individuals employed

by Texas public educational institutions, their non-confidential by law disciplinary file, their non-

confidential by law application for employment and et cetera.

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. As provided by the Texas Public

Information Act, I will expect your response within ten (10) business days. Twenty (20) days if my

request requires substantial programming or manipulation of data. See Tex. Gov’t Code Ann. Secs.

552.221(d) and 231(c). If you expect a significant delay in responding to this request, please contact mewith information about when I might expect copies or the ability to inspect the requested records. You

can reach me via email at: [email protected].

If you deny any or all of this request, please provide a written explanation for the denial and cite each

specific statutory exemption(s) you feel justifies the refusal to release the information and notify me of

the appeal procedures available to me under the law. If your “governmental body” wants to seek the

Texas Attorney General's Opinion regarding any of our request, I ask that you immediately notify me and

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


6/18

Page 2 of 2

then seek a formal decision from the Texas Attorney General not later than ten (10) calendar days from

your receipt of this request, as required by the Texas Public Information Act. See Sec. 552.301. I would

then ask your governmental body to release to me all of the items in which you have not sought the

Attorney General's Opinion on. See Sec. 552.301, 302; see also Open Records Decision No. 664 (2000)(if

a governmental body concludes that no exceptions apply to the requested information, it must release

the information as soon as possible). If any party writes to the Texas Attorney General’s Office that is

in regards to my open records request, you must send me a copy of the correspondence.

As you may already know that violation of the open records law can result in a fine of up to $1,000,

imprisonment of up to six months, or both. See Tex. Gov’t Code Ann. Sec. 552.353(e). Litigation costs

and reasonable attorney fees may also be assessed against you. See Sec. 552.323.

It would be preferred if you would send me the requested information by electronic mail to:

[email protected]. However if not I will be happy to come into the office to pick up the requested

records. Please tell me a date and time that I will be able to pick up my requested records if you will not

send me the requested records to me by electronic mail. I will be happy to provide a flash drive for the

information to be uploaded to. I will be happy to come in at the following address to pick up my

requested records as soon as possible:

Tarrant County College District

Administration Building

1500 Houston Street


Respectfully submitted,

Isaiah X. Smith


P.O Box 163411




7/18

ATTACHMENT B


8/18

Honorable Ken Paxton ID: LSG-2016-TX-0003

Office of the Attorney General

Open Records Division

P.O. Box 12548

Austin, TX 78711

Sent via: Mail

April 7th, 2016

Re: Complaint against Tarrant County College District for violating the Texas Public Information Act

Honorable Ken Paxton,

My name is Isaiah X. Smith and I am sending you this letter as a complaint against Tarrant County

Community College District for violating the Texas Public Information Act. As you may already know,

Tarrant County College District is a public educational institution that operates in the State of Texas.

I. Statement of the facts as to this complaint

1. On March 24th, 2016 I submitted an open records request through the Texas Public Information

Act to Mr. Keith Whetstone of Tarrant County Community College District by electronic mail. I

emailed Mr. Keith Whetstone at [email protected] the letter listed in Exhibit A.

2.

Mr. Keith Whetstone is the Public Information Office of Tarrant County College District.

3. On March 24th, 2016 I made sure that I also sent another email to Mr. Keith Whetstone at

[email protected] and I also cc’ed the generic email address for Tarrant CountyCollege District that handles open records requests at [email protected]. I made sure that I

included the same letter listed in Exhibit A as an attachment in the email.

4. By the end of the business day as to April 7th, 2016, I have not received any response as to my

open records request or any information pertaining to my request from Tarrant County College

District

5.

In my “sent” open records request to Tarrant County College District I have included the

following information that can also be seen in Exhibit A:

A. Tarrant County College District is a public educational institution that receives

federal financial assistance. Mr. Mark Evans is a professor at a public educational

institution and is thus employed by a public educational institution in the State ofTexas.

B. I would like to request a waiver of all fees associated with this request because the

information is in the public interest and will contribute significantly to the public’s

understanding of the individuals employed by Texas public educational institutions,

their non-confidential by law disciplinary file, their non-confidential by law

application for employment and et cetera.

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


9/18

C. 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. As provided by the Texas Public Information Act, I will expect your

response within ten (10) business days. Twenty (20) days if my request requires

substantial programming or manipulation of data. See Tex. Gov’t Code Ann. Secs.

552.221(d) and 231(c). If you expect a significant delay in responding to this request,

please contact me with information about when I might expect copies or the ability

to inspect the requested records. You can reach me via email at:

[email protected].

D. If you deny any or all of this request, please provide a written explanation for the

denial and cite each specific statutory exemption(s) you feel justifies the refusal to

release the information and notify me of the appeal procedures available to me

under the law. If your “governmental body” wants to seek the Texas Attorney

General's Opinion regarding any of our request, I ask that you immediately notify

me and Page 2 of 2 then seek a formal decision from the Texas Attorney General not

later than ten (10) calendar days from your receipt of this request, as required by

the Texas Public Information Act. See Sec. 552.301. I would then ask your

governmental body to release to me all of the items in which you have not sought

the Attorney General's Opinion on. See Sec. 552.301, 302; see also Open Records

Decision No. 664 (2000)(if a governmental body concludes that no exceptions apply

to the requested information, it must release the information as soon as possible). If

any party writes to the Texas Attorney General’s Office that is in regards to my open

records request, you must send me a copy of the correspondence

E. As you may already know that violation of the open records law can result in a fine

of up to $1,000, imprisonment of up to six months, or both. See Tex. Gov’t Code

Ann. Sec. 552.353(e). Litigation costs and reasonable attorney fees may also be

assessed against you. See Sec. 552.323.

II. Records that I have requested

6.

I have requested to have a copy of Mr. Mark Evans application for employment. Mr. Mark Evans

is a teacher at the Trinity River Campus of Tarrant County College District. See Exhibit A.

7. I have requested a copy of Mr. Mark Evans disciplinary file with Tarrant County College District.

See Exhibit A.

III. Actions of Tarrant County College

8. Tarrant County College District and its officials that were responsible for responding to open

records requests were made aware through my letter to them that the Texas Public Information

Act requires that they "promptly produce" the requested records unless, within 10 days, they

have sought an Attorney General's Opinion. Twenty (20) days if my request requires substantial

programming or manipulation of data. See Tex. Gov’t Code Ann. Secs. 552.221(d) and 231(c).

mailto:[email protected]:[email protected]:[email protected]


10/18

9. The actions of Tarrant County College District were deliberate, intentional and they have thus

failed to abide by the law. They have demonstrated to have been deliberately indifferent to

abiding by the Texas Public Information Act.

IV.

Requested action that I am requesting

10. To have the Texas Attorney General’s Office demand Tarrant County College District to respond

to my open records request as required by the Texas Public Information Act

11. To have the Texas Attorney General’s Office demand Tarrant County College District to produce

to me (Isaiah X. Smith) the requested records that I have a legal right to obtain free to charge

12. To fine Tarrant County College District for violating the Texas Public Information Act of up to one

thousand dollars ($1000). See Tex. Gov’t Code Ann. Sec. 552.353(e).

V. Acknowledgement letter

13. Please send me all correspondence related to my complaint against Tarrant County College

District to the following mailing address for me:

Isaiah X. Smith


P.O Box 163411


14.

I am also requesting a copy of all correspondence that the Texas Attorney General’s Office sends

to Tarrant County College District and all correspondence that the Texas Attorney General’s

Office receives from Tarrant County College District in response to my complaint against them.

Please send me all of the correspondence to me at the aforementioned mailing address.

Respectfully,

Isaiah X. Smith


P.O Box 163411



http://www.isaiahxsmith.com/http://www.isaiahxsmith.com/http://www.isaiahxsmith.com/


11/18

EXHIBIT A


12/18

Page 1 of 2

Tarrant County College District ID: SPIR-2016-TX-0007

Attention: Keith Whetstone

1500 Houston Street


[email protected]

Sent via: Electronic mail

March 24th, 2016

Re: Open Records Request

Mr. Whetstone,

Under the Texas Public Information Act, §6252-17a et seq., I am requesting an opportunity to obtain

copies of public records that Tarrant County College District has in its possession. I am hereby requesting

the following public records:

1. A copy of Mr. Mark Evans application for employment. Mr. Mark Evans is a teacher at the Trinity

River Campus of Tarrant County College District.

2. Mr. Mark Evans disciplinary file with Tarrant County College District.

Tarrant County College District is a public educational institution that receives federal financial

assistance. Mr. Mark Evans is a professor at a public educational institution and is thus employed by a

public educational institution in the State of Texas.

I would like to request a waiver of all fees associated with this request because the information is in the

public interest and will contribute significantly to the public’s understanding of the individuals employed

by Texas public educational institutions, their non-confidential by law disciplinary file, their non-

confidential by law application for employment and et cetera.

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. As provided by the Texas Public

Information Act, I will expect your response within ten (10) business days. Twenty (20) days if my

request requires substantial programming or manipulation of data. See Tex. Gov’t Code Ann. Secs.

552.221(d) and 231(c). If you expect a significant delay in responding to this request, please contact mewith information about when I might expect copies or the ability to inspect the requested records. You

can reach me via email at: [email protected].

If you deny any or all of this request, please provide a written explanation for the denial and cite each

specific statutory exemption(s) you feel justifies the refusal to release the information and notify me of

the appeal procedures available to me under the law. If your “governmental body” wants to seek the

Texas Attorney General's Opinion regarding any of our request, I ask that you immediately notify me and

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


13/18

Page 2 of 2

then seek a formal decision from the Texas Attorney General not later than ten (10) calendar days from

your receipt of this request, as required by the Texas Public Information Act. See Sec. 552.301. I would

then ask your governmental body to release to me all of the items in which you have not sought the

Attorney General's Opinion on. See Sec. 552.301, 302; see also Open Records Decision No. 664 (2000)(if

a governmental body concludes that no exceptions apply to the requested information, it must release

the information as soon as possible). If any party writes to the Texas Attorney General’s Office that is

in regards to my open records request, you must send me a copy of the correspondence.

As you may already know that violation of the open records law can result in a fine of up to $1,000,

imprisonment of up to six months, or both. See Tex. Gov’t Code Ann. Sec. 552.353(e). Litigation costs

and reasonable attorney fees may also be assessed against you. See Sec. 552.323.

It would be preferred if you would send me the requested information by electronic mail to:

[email protected]. However if not I will be happy to come into the office to pick up the requested

records. Please tell me a date and time that I will be able to pick up my requested records if you will not

send me the requested records to me by electronic mail. I will be happy to provide a flash drive for the

information to be uploaded to. I will be happy to come in at the following address to pick up my

requested records as soon as possible:

Tarrant County College District

Administration Building

1500 Houston Street


Respectfully submitted,

Isaiah X. Smith


P.O Box 163411




14/18

ATTACHMENT C


15/18


16/18


17/18

ATTACHMENT D


18/18

Page 1 of 1

Honorable Ken Paxton ID: LSG-2016-TX-0007

Office of the Attorney General

Open Records Division

P.O. Box 12548

Austin, TX 78711

Sent via: Mail

April 25th

, 2016

Re: Complaint ID# 614488 against Tarrant County College District for violating the Texas Public

Information Act

Honorable Ken Paxton,

This is Isaiah X. Smith and I am sending you this letter again to make sure that the Texas Attorney

General’s Office is notified of the fact that since your government agency sent a letter on April 14th

,

2016 to Tarrant County College District, to this date I have still received no responses from Tarrant

County College District regarding my open records request. Tarrant County College District has my

contact information and they have failed to send me my requested records.

I am still requesting the records that I have requested from Tarrant County College District by my open

records request. I urge the Texas Attorney General’s Office to take action against Tarrant County College

District for violating the Texas Public Information Act and to recommend a criminal investigating for a

violation of the Texas Public Information Act committed by officials with the Tarrant County CollegeDistrict.

Tarrant County College District has violated the Texas Public Information Act and they are being

deliberately indifferent to abiding by the law.

Respectfully,

Isaiah X. Smith


P.O Box 163411


http://www.isaiahxsmith.com/http://www.isaiahxsmith.com/http://www.isaiahxsmith.com/

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