Shirley Pigott MD Open Records Requests From DPS

Cohen, Jennifer
From: Shirley Pigott MD [shirleypigottmd@gmail.com]

Sent: Thursday, February 18, 2010 11:33 AM
To: PIO - Texas DPS
Subject: Open records request
Dear Ms Block,
Per Texas and United States Open government laws, please release to me in electronic format, all speeding
stops in the history of his DPS employment where Alfred Ochoa stopped or detained someone for going 9 mph
or less over the speed limit.
What was the date Officer Ochoa began his employment with DPS?
Thank you.
Shirley Pigott MD
Texas Medical Board Watch
Texas Phoenix 007
361-894-6464 home
361-652-9474 cell
1
TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. LAMAR BLVD. • BOX 4087 • AUSTIN, TX 78773-0001
512/424-2000
www.txdps.state.tx.us
COMMISSION
STEVEN C. McCRAW
ALLAN B. POLUNSKY, CHAIR
DIRECTOR
C. TOM CLOWE, JR.
LAMAR BECKWORTH
ADA BROWN
BRAD RABLE
JOHN STEEN
DEPUTY DIRECTORS
CARIN MARCY BARTH
March 5, 2010
Via Email
Shirley Pigott
shirleypigottmd@gmail.com
RE: PIA Request for traffic citation information for Alfred Ochoa involving stops for speeding 9 mph
or less over the speed limit (ORA # 10-0388)
Dear Ms. Pigott:
The Department of Public Safety received your above-referenced request on February 18, 2010. We
have determined that complying with your request will result in the imposition of a charge that exceeds
$40. Therefore, we are providing you with the enclosed cost estimate as required by Gov't Code
§ 552.2615.
The requested information can be made available only at a cost that covers the programming and/or
manipulation of data. See Gov’t Code § 552.231(a). The above-requested information is not available
in the requested form. The information is currently stored in one or more extensive databases.
Accessing the requested information will require filtering and sorting a very large amount of data. The
estimated time it will take to capture the requested data is approximately one week. The estimated cost
of providing the responsive records is $46.46, as set forth on the enclosed cost estimate. There is not a
less expensive way for you to obtain this information. These charges may be reduced if you narrow or
clarify the scope of your request.
Your request will be considered automatically withdrawn if you do not notify us in writing within ten
business days from the date of this letter that you either:
(a) accept the charges;

(b) wish to modify your request; OR
(c) have sent to the Open Records Division of the Office of the Attorney
General a complaint alleging that you are being overcharged for the
information you have requested.
EQUAL OPPORTUNITY EMPLOYER

COURTESY • SERVICE • PROTECTION
TEXAS DEPARTMENT OF PUBLIC SAFETY 2
If you have any questions regarding this request, please contact me at (512) 424-2890.
Sincerely,
Jennifer C. Cohen
Assistant General Counsel
\\hqogcs001\public\Legal\ORA\2010 requests\10-0388\10-0388 letter to requestor (10-03-05).doc

Cost Estimate for ORA # 10-0388
Item Number Cost Total
Standard Copies $0.10 per page
Accident Report $6.00 each (TRC 550.065)
Nonstandard Copies
Large Copies $0.50 per page
Photographs $1.26 each
Compact Discs $1.00 each
DVDs $3.00 each
Video Cassettes $2.50 each
Audio Cassettes $1.00 each
Personnel Charges 2.3 $15.00 per hour $34.50
Programming Charges $28.50 per hour
Overhead Charges 20% of labor charges $6.90
Computer Charges
Mainframe $10.00 per CPU minute
Midrange $1.50 per CPU minute
Client/Server 2.3 $2.20 per clock hour $5.06
P/C or LAN $1.00 per clock hour
Postage & Shipping actual costs
Total $46.46
Prepared on 3/5/2010
Cohen, Jennifer
From: OGC Webmaster
Sent: Monday, February 22, 2010 11:45 AM
To: 'Shirley Pigott MD'
Subject: RE: Freedom of information requests concerning DPS Officers Alfred Ochoa and Daniel
Terronez, and the events of September 29, 2007
Ms. Pigott,
The Department of Public Safety General Counsel is Stuart Platt; however, I will be coordinating the response
to your below request. Initially, please note that the federal Freedom of Information Act (5 U.S.C. Ch. 552)
applies to federal agencies, not to state agencies. The Texas Public Information Act (PIA) (Gov't Code Ch. 552)
applies to governmental bodies in this state, and your request will be considered under this act.
Further, the Department does not have a single custodian of all records. Rather, the section which originally
generates the requested records is generally the custodian of such records. As a matter of clarification, please
be advised that the Department does not certify documents, nor do we provide business records affidavits. If
you wish to authenticate documents for admission in court, please submit a subpoena to the custodian of the
requested records.
Additionally, the injunction attached to your request was issued in the case of Keith Wayne Schmidt v. DPS. It
does not appear to be related in any way to the incident for which you are seeking information. Please clarify
how this injunction is related to your request.
Jennifer C. Cohen
Texas Dept. of Public Safety
(512) 424-2890
This e-mail, including any attached files, may contain confidential and privileged information for the sole use of the intended recipient. Any review,
use, distribution, or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive information for the
intended recipient), please contact the sender by reply e-mail and delete all copies of this message.
From: Shirley Pigott MD [mailto:shirleypigottmd@gmail.com]

Sent: Monday, February 22, 2010 11:10 AM
To: PIO - Texas DPS; Bonnie Kaderka Texas Medical Board Open Records
Subject: Re: Freedom of information requests concerning DPS Officers Alfred Ochoa and Daniel Terronez, and the
events of September 29, 2007
Dear Ms Block,
Please consider this letter as a formal request for information under the Freedom of Information Act and the Texas Open Records Act,
the Public Information Act, chapter 552 of the Government Code.
Kindly identify the individual who is DPS custodian of open records and who is the DPS General Counsel that
will review my request.
TIME IS OF THE ESSENCE. Thank you for your immediate time and attention in this matter.
Sincerely,
1
Shirley Pigott MD
On Mon, Feb 22, 2010 at 10:30 AM, PIO - Texas DPS <pio@txdps.state.tx.us> wrote:
Thank you for your open records request. I have forwarded it to the DPS General Counsel’s office, and they
will send a response within 10 business days. For more information on the Public Information Act, please see
Chapter 552 of the Texas Government Code, available at
http://www.statutes.legis.state.tx.us/Docs/GV/pdf/GV.552.pdf.
Respectfully,
Texas Department of Public Safety
Public Information Office
From: Shirley Pigott MD [mailto:shirleypigottmd@gmail.com]

Sent: Saturday, February 20, 2010 1:41 AM
To: PIO - Texas DPS
Cc: Shirley Pigott MD Texas USA
Subject: Freedom of information requests concerning DPS Officers Alfred Ochoa and Daniel Terronez, and the events of September
29, 2007
Dear Ms Block:
Please consider this letter as a formal request for information under the Freedom of Information Act and the Texas Open Records Act,
the Public Information Act, chapter 552 of the Government Code.
On the night of September 29, 2007, I was stopped by DPS Officer Alfred Ochoa, ostensibly for speeding 9 mph over the posted speed
limit. Unbelievably, events ensued which led to felony indictments against me being issued on January 8, 2008. The evening of
January 7, 2008, my husband of 39 years, a professor of organic chemistry at Victoria College, who, I believe, had been warned in
advance of the outcome, committed suicide.
Judge Randy Clapp granted me a motion to compel the production of a certified true, correct, and complete copy of the video, but the
Wharton County DA gave me an uncertified copy which lacked the first few seconds or minutes.
DPS is required both by federal and state law to provide me with the evidence I have requested. I have attached an order issued by
Federal Judge Keith Ellison which makes it clear that DPS must comply with the law in this situation.
DPS videos, as you know, are triggered to begin when an officer turns on his lights and siren. The video I received begins with
dispatch citing my name, which was their response to Officer Ochoa 'running my plates'. The first critical exculpatory moments,
which would show Officer Ochoa turning on his lights and siren while tailgating me at 74 mph, are missing.
2
Under the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with a
certified true and correct copy of the first five minutes of the official DPS video, beginning at the beginning, ie, when it was triggered
by Officer Ochoa turning on his lights and siren.
Under the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with
any and all documents, field notes, transcripts, emails, telephone records, dispatch records, memoranda, dispatch tapes, audio tapes,
video tapes, CDs or DVDs, written or recorded statements, or any other evidence concerning the incident with Officer Ochoa on
September 29, 2007, that have come into your possession, including but not limited to any and all files you have in your possession or
in the possession of any employee of the Texas DPS.
Pursuant to the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me
with any and all written policies and procedures or guidelines concerning, guiding, directing, or controlling the Texas DPS Officers
which may dictate or suggest the mode and manner of carrying out their duties and expected behavior in dealing with or addressing
the public during a traffic stop. This request is for the written policies and procedures or guidelines that were applicable and in effect
on September 29, 2007.
with the complete personnel file concerning or pertaining to Officers Ochoa and Daniel Terronez.
with the complete employment and disciplinary file concerning or pertaining to Officer Ochoa and Officer Daniel Terronez.
with copies of any and all documents, photographs, images, emails, memoranda, letters, written communications, videotapes, audio
recordings, or digital recordings of any kind showing, reflecting, or evidencing the scene, activities, or events in or surrounding any
concern, inquiry, report, or complaint filed against Officer Ochoa or Terronez or any of the other officers, supervisors, deputies, or
other employees of the Texas DPS who came in contact with me on September 29, 2007.
with a list all traffic stops, including warnings or citations made by Officers Ochoa or Terronez in the history of their employment at
DPS where the alleged speed was less than 10 mph in excess of the posted speed limit.
This request is for any documents or tangible evidence that you may have or that you may have the ability to secure in performing
your duty to investigate the conduct and actions of Officers Ochoa and Terronez. I must remind you that it is a crime to destroy or
hide any of the exculpatory evidence requested herein or to advise, assist, or coach any other person to destroy or secret exculpatory
evidence. Your proper role as an investigator, consistent with your legal obligation to afford the accused the presumption of
innocence, is to secure, protect, and preserve all of the evidence, including any and all exculpatory evidence. Considering the conduct
of the officers involved, it is urgent that we remind this department of its duty with respect to investigations.
If you refuse to comply with this request, then immediately explain your refusal to do so.
TIME IS OF THE ESSENCE. Thank you for your immediate time and attention in this matter.
3
Very truly yours,
Shirley Pigott MD
Texas Phoenix 007
361-894-6464 home
361-652-9474 cell
4
512/424-2000
COMMISSION
STEVEN C. McCRAW
DIRECTOR
C. TOM CLOWE, JR.
LAMAR BECKWORTH
ADA BROWN
BRAD RABLE
JOHN STEEN
DEPUTY DIRECTORS
CARIN MARCY BARTH
March 9, 2010
Via Email
Shirley Pigott
RE: PIA Request for complete personnel and disciplinary files of Trp. Alfred Ochoa and Lt.
Daniel Terronez (ORA # 10-0401)
Dear Ms. Pigott:
The Department of Public Safety received your above-referenced request on February 22, 2010.
Initially, please note that the federal Freedom of Information Act (5 U.S.C. Ch. 552) applies to
federal agencies, not to state agencies. The Texas Public Information Act (PIA) (Gov't Code Ch.
552) applies to governmental bodies in this state. Further, please be advised that the Department
does not certify documents, nor do we provide business records affidavits. If you wish to
authenticate documents for admission in court, please submit a subpoena to the custodian of the
requested records.
Regarding your request for “a certified true and correct copy of the first five minutes of the
official DPS video” of your traffic stop, please be advised that a search of Department records
based on the information provided revealed no information responsive to this request. The
requested video was turned over to the district attorney, and the Department no longer has a
copy. You were previously notified of this on June 11, 2009.
Regarding your request for “any and all documents…concerning the incident with Officer Ochoa
on September 29, 2007,” please note that the Department has previously obtained a ruling from
the attorney general’s office with respect to this information. Open Records Letter Ruling 2009-
11328. Your criminal case is still pending in the courts; accordingly, we are continuing to
withhold the requested information pursuant to Gov’t Code § 552.108(a)(1). See id. The first
page of your offense report was previously released to you on August 4, 2009.
Turning now to your request for “any and all written policies and procedures or guidelines
concerning, guiding, directing, or controlling the Texas DPS Officers which may dictate or
suggest the mode and manner of carrying out their duties and expected behavior in dealing with
or addressing the public during a traffic stop,” please find enclosed an electronic copy of the
Department’s General Manual from 2007. Also enclosed is a copy of the current Texas Highway

Patrol Manual. Please note that historical copies of the THP manual are not retained by the
Department; however, each page contains on the bottom the date on which that page was last
updated.
You next request “the complete personnel file concerning or pertaining to Officers Ochoa and
Daniel Terronez” and “the complete employment and disciplinary file concerning or pertaining
to Officer Ochoa and Officer Daniel Terronez.” Disciplinary records are part of an officer’s
personnel file; accordingly, these requests seem to be for the same information. Release of a
commissioned officer’s personnel records is governed by Gov’t Code § 411.00755. Please see
the attached cost estimate for information on the cost of obtaining the public information from
Trp. Ochoa’s and Lt. Terronez’s personnel files.
Records related to misconduct by an officer may not be disclosed unless they resulted in
disciplinary action against the officer. See id. at § 411.00755(b)(1)(B). As used in this statute,
disciplinary action means “discharge, suspension, or demotion.” See id. at §§ 411.00755(a)(2)
and 411.0072(a)(1). We believe the remaining records responsive to this portion of your request
may be excepted from required public disclosure at this time pursuant to Gov’t Code § 552.101
in conjunction with § 411.00755. We are seeking a ruling from the attorney general's office with
respect to disclosure of these records, and a copy of our request letter is enclosed. You will be
notified directly by the attorney general's office when a ruling is issued.
You also request “any and all documents…showing, reflecting, or evidencing the scene,
activities, or events in or surrounding any concern, inquiry, report, or complaint filed against
Officer Ochoa or Terronez or any of the other officers, supervisors, deputies, or other employees
of the Texas DPS who came in contact with me on September 29, 2007.” As noted above,
complaint investigations against a commissioned officer are not subject to disclosure unless they
resulted in disciplinary action. Further, the Department does not have any records responsive to
this portion of your request except for the information the Department is withholding pursuant
to Gov’t Code § 552.108(a)(1), above.
Next, you request “a list all traffic stops, including warnings or citations made by Officers Ochoa
or Terronez in the history of their employment at DPS where the alleged speed was less than 10
mph in excess of the posted speed limit.” Please note that the Department does not classify stops
as less than 10 mph over the speed limit. However, we will be happy to provide you with a list
of all stops made by Trp. Ochoa and/or Lt. Terronez for which we have records. The requested
information can be made available only at a cost that covers the programming and/or
manipulation of data. See Gov't Code § 552.231(a). The above-requested information is not
available in the requested form. The information is currently stored in one or more extensive
databases. Accessing the requested information will require programming to filter and sort a
very large amount of data. The estimated time it will take to capture the requested data is
approximately two weeks. Please see the attached cost estimate for information on the cost of
obtaining these records.
Finally, you request “any documents or tangible evidence that you may have or that you may
have the ability to secure in performing your duty to investigate the conduct and actions of
Officers Ochoa and Terronez.” It is unclear what information you may be referring to here. The

only documents or evidence viewed in reviewing your complaint of Trp. Ochoa and Lt. Terronez
was your offense report and Trp. Ochoa’s dash-cam video. As noted above, the Department is
withholding your offense report pursuant to Gov’t Code § 552.108(a)(1), and we do not have a
copy of Trp. Ochoa’s dash-cam video as it was turned over to the district attorney’s office some
time ago.
We have determined that complying with your request will result in the imposition of a charge
that exceeds $40. Therefore, we are providing you with the enclosed cost estimate as required by
Gov't Code § 552.2615. The estimated cost of providing the responsive records is $170.66, as
set forth on the enclosed cost estimate. There is a less expensive way for you to obtain this
information. You may view the personnel information in person at our offices. If you choose to
view the information in person, please provide me with three dates and times when it will be
convenient for you to visit. Additionally, these charges may be reduced if you narrow or clarify
the scope of your request.
Your request will be considered automatically withdrawn if you do not notify us in writing
within ten business days from the date of this letter that you either:
(a) accept the charges;

(b) wish to modify your request; OR
(c) have sent to the Open Records Division of the Office of the
Attorney General a complaint alleging that you are being
overcharged for the information you have requested.
If you have any questions regarding this request, please contact me at (512) 424-2890.
Sincerely,
Jennifer C. Cohen
cc: The Honorable Greg Abbott

Attorney General of Texas
Open Records Division
209 West 14th Street, 6th Floor
Austin, Texas 78701
fax: (512) 463-2092
\\hqogcs001\public\Legal\ORA\2010 requests\10-0401\10-0401 letter to requestor (10-03-09).doc

512/424-2000
COMMISSION
STEVEN C. McCRAW
DIRECTOR
C. TOM CLOWE, JR.
LAMAR BECKWORTH
ADA BROWN
BRAD RABLE
JOHN STEEN
DEPUTY DIRECTORS
CARIN MARCY BARTH
March 9, 2010
Via Facsimile
The Honorable Greg Abbott

(512) 463-2092
RE: PIA Request for complete personnel and disciplinary files of Trp. Alfred Ochoa and Lt. Daniel
Terronez (ORA # 10-0401)
DATE REQUEST FOR INFORMATION RECEIVED: 2/22/2010

DATE REQUEST FOR RULING SUBMITTED TO ATTORNEY GENERAL: 3/9/2010
Dear Attorney General Abbott:
The Department of Public Safety received the above-referenced request for information from Shirley
Pigott on February 22, 2010. Due to the Texas Independence Day holiday on March 2, 2010, when our
offices were closed, we believe this request for a ruling on disclosure is timely made in accordance with
Gov’t Code § 552.301. We believe at least a portion of the requested information is excepted from
required public disclosure pursuant to Gov’t Code § 552.101. Accordingly, we are requesting a ruling
regarding the release of these records.
Please find enclosed the request from Shirley Pigott and the notice of our request for a ruling sent to the
requestor. The responsive records will be submitted to your office no later than March 16, 2010. Please
feel free to contact me at (512) 424-2890 if you have any questions.
Sincerely,
Jennifer C. Cohen
cc: Shirley Pigott MD

\\hqogcs001\public\Legal\ORA\2010 requests\10-0401\10-0401 letter to AG (10-03-09).doc

Cost Estimate for ORA # 10-0401
Item Number Cost Total
Standard Copies 202 $0.10 per page $20.20
Accident Report $6.00 each (TRC 550.065)
Nonstandard Copies
Large Copies $0.50 per page
Photographs $1.26 each
Compact Discs $1.00 each
DVDs $3.00 each
Video Cassettes $2.50 each
Audio Cassettes $1.00 each
Personnel Charges 7.3 $15.00 per hour $109.50
Programming Charges $28.50 per hour
Overhead Charges 20% of labor charges $21.90
Computer Charges
Mainframe $10.00 per CPU minute
Midrange $1.50 per CPU minute
Client/Server 7.3 $2.20 per clock hour $16.06
P/C or LAN $1.00 per clock hour
Postage & Shipping actual costs $3.00
Total $170.66
Prepared on 3/9/2010
512/424-2000
COMMISSION
STEVEN C. McCRAW
DIRECTOR
C. TOM CLOWE, JR.
LAMAR BECKWORTH
ADA BROWN
BRAD RABLE
JOHN STEEN
DEPUTY DIRECTORS
CARIN MARCY BARTH
March 10, 2010
Via Hand Delivery
The Honorable Greg Abbott

209 West 14th Street, 6th Floor
Austin, Texas 78701
RE: PIA Request for complete personnel and disciplinary files of Trp. Alfred Ochoa and Lt. Daniel
Terronez (ORA # 10-0401)
DATE REQUEST FOR INFORMATION RECEIVED: 2/22/2010

DATE REQUEST FOR RULING SUBMITTED TO ATTORNEY GENERAL: 3/9/2010
DATE RESPONRIVE RECORDS SUBMITTED TO ATTORNEY GENERAL: 3/10/2010
Dear Attorney General Abbott:
The Department of Public Safety received the above-referenced request for information from Shirley
Pigott on February 22, 2010. Due to the Texas Independence Day holiday on March 2, 2010, when our
offices were closed, we believe this request for a ruling on disclosure is timely made in accordance with
Gov’t Code § 552.301. As previously noted, we believe at least a portion of the requested information is
excepted from required public disclosure pursuant to Gov’t Code § 552.101.
Government Code § 552.101 states that “[i]nformation is excepted from the requirements of Section
552.021 if it is information considered to be confidential by law, either constitutional, statutory, or by
judicial decision.” This section encompasses Gov’t Code § 411.00755, which states:
(b) Notwithstanding Chapter 552, the personnel records of a

commissioned officer of the department may not be disclosed or otherwise
made available to the public, except the department shall release:
(1) any letter, memorandum, or document relating to:
…
(B) misconduct by the officer, if the letter, memorandum, or document
resulted in disciplinary action.
For purposes of Gov’t Code § 411.00755, disciplinary action includes only “discharge, suspension, or
demotion.” See id. at §§ 411.0072(a)(1) and 411.00755(a)(2). The requestor seeks information
regarding investigation into a complaint against a commissioned officer, where the investigation did not

result in disciplinary action against the officer. Accordingly, we believe that the requested documents
are confidential and must be withheld under Gov’t Code § 552.101 in conjunction with § 411.00755.
Please find enclosed the responsive records we wish to except from required disclosure. The
Department also wishes to withhold photographs and/or videos that constitute a pictorial illustration of
matters described in the requested documents. If you need to view these records in order to determine
whether they are also excepted from disclosure pursuant to Gov’t Code § 552.108, please notify me and
I will provide copies to you. Please feel free to contact me at (512) 424-2890 if you have any questions.
Sincerely,
Jennifer C. Cohen
cc: Shirley Pigott

\\hqogcs001\public\Legal\ORA\2010 requests\10-0401\10-0401 letter to AG (10-03-09).doc


Shirley Pigott MD Open Records Requests From DPS

Diunggah oleh

Informasi Dokumen

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

Shirley Pigott MD Open Records Requests From DPS

Diunggah oleh

Hak Cipta:

Format Tersedia

Cohen, Jennifer

From: Shirley Pigott MD [shirleypigottmd@gmail.com]

Dear Ms. Pigott:

(a) accept the charges;

EQUAL OPPORTUNITY EMPLOYER

\\hqogcs001\public\Legal\ORA\2010 requests\10-0388\10-0388 letter to requestor (10-03-05).doc

EQUAL OPPORTUNITY EMPLOYER

From: Shirley Pigott MD [mailto:shirleypigottmd@gmail.com]

Texas Department of Public Safety

Public Information Office

From: Shirley Pigott MD [mailto:shirleypigottmd@gmail.com]

Dear Ms. Pigott:

EQUAL OPPORTUNITY EMPLOYER

EQUAL OPPORTUNITY EMPLOYER

(a) accept the charges;

cc: The Honorable Greg Abbott

\\hqogcs001\public\Legal\ORA\2010 requests\10-0401\10-0401 letter to requestor (10-03-09).doc

EQUAL OPPORTUNITY EMPLOYER

The Honorable Greg Abbott

DATE REQUEST FOR INFORMATION RECEIVED: 2/22/2010

Dear Attorney General Abbott:

cc: Shirley Pigott MD

EQUAL OPPORTUNITY EMPLOYER

March 10, 2010

Via Hand Delivery

The Honorable Greg Abbott

DATE REQUEST FOR INFORMATION RECEIVED: 2/22/2010

Dear Attorney General Abbott:

(b) Notwithstanding Chapter 552, the personnel records of a

EQUAL OPPORTUNITY EMPLOYER

cc: Shirley Pigott

\\hqogcs001\public\Legal\ORA\2010 requests\10-0401\10-0401 letter to AG (10-03-09).doc

EQUAL OPPORTUNITY EMPLOYER

Anda mungkin juga menyukai