Threat from a Public Official?

You need to read the ruling you posted.

Maybe she doesn’t realize that every LEO is a sworn officer of the State of Texas?

Good lord… Please, please tell me you always hire an attorney for legal matters… Are a police chief’s tweets official communications as defined by the Texas Local Government Records Act? Just answer the question…

Any official communication from a gov’t official is considered to be a gov’t document. What part of that is it you are having trouble with?

If it is an official account then it is an official communication from a gov’t official.

What makes a Twitter account “official”?

This is what his twitter bio says:

Does that help?

He’s tweeting in his capacity as a public official as identified on the account.

Are tweets clearly labeled as not being that of the City of Houston “official communication”? Cite some cases where Texas courts, or heck, federal courts, have deemed these official communications…

Yeah I bet she could take him. :rofl:

Even if an official communication is stamped "not a gov’t document it is covered.

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.37.htm

Is he?

He’s identified as a public official, in the job description field of his twitter bio, but I don’t see anything stating that his tweets are “official”. In fact, he clearly states that his opinions are his own, and not “official”.

What makes his tweets an “official” communication?

What part of that 11-page document were you trying to reference?

It appears he is since he’s representing himself as the Chief of the HPD.

How so?

If he told his wife “I am the Chief of Police, and I think we should order pizza for dinner tonight”, is that an official communication?

It would be if it was tweeted on his official account.

There is no such thing as an “official” twitter account.

There are just accounts. Anyone can start one.

It’s official if it is used in his official capacity.

Again, read your own posting above, it provides his title, official email and physical addresses and telephone number at the office.

You can’t make any logical much less legal argument to the contrary.

How does one use a twitter account in an “official” capacity?

As for his bio page - everyone (who chooses to fill out the form) has a bio that looks just like that - with their job description, address, email and phone number.

LMAO… Did you actually read the statute you tried to cite? OMG… seriously…

Here is the statute you referenced…

Do his tweets meet the definition of any of these:

(A) a public school record, report, or assessment instrument required under Chapter 39, Education Code, data reported for a school district or open-enrollment charter school to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Section 42.006, Education Code, under a law or rule requiring that reporting, or a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States, unless the actor’s intent is to defraud or harm another, in which event the offense is a felony of the second degree;

(B) a written report of a medical, chemical, toxicological, ballistic, or other expert examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action;

(C) a written report of the certification, inspection, or maintenance record of an instrument, apparatus, implement, machine, or other similar device used in the course of an examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action; or

(D) a search warrant issued by a magistrate.

LMAO…

Everyone isn’t a public employee in the state of Texas.

He’s using the account to threaten police retaliation against a private citizen. If that’s not acting in his official capacity as Chief I don’t know what is.

If you believe he is not, you are delusional.

Reading apparently isn’t your strong suit.

(2) “Governmental record” means:

(A) anything belonging to, received by, or kept by government for information, including a court record;