15 Day Letter – Williamson County Texas Sheriffs, Texas Commission of Jail Standards, NCIC – DIC, Complaints, IR, POP

TEXAS COMMISSION ON JAIL STANDARDS
Executive Director: Brandon S. Wood

P.O. Box 12985
Austin, Texas 78711

Voice: (512) 463-5505
Fax: (512) 463-3185
Website: http://www.tcjs.state.tx.us
Email: info@tcjs.state.tx.us

Sheriff Kelly Rowe, Chair
Sheriff Richard Kirkpatrick, Kingsville
Commissioner Ben Perry, Waco
Dr. Esmaeil Porsa, M.D., Vice-Chair
Ross Reyes, Melissa
Duane Lock, Southlake
Judge Joseph “Joe” Fauth, III, Plantersville
Patricia M. Anthony, Garland
Monica McBride, Alpine

“The Commission on Jail Standards welcomes all suggestions and will promptly respond to all complaints directed against the agency or any facilities under its purview.”

To empower local government to provide safe, secure and suitable local jail facilities through proper rules and procedures while promoting innovative programs and ideas.


November 4, 2025

ORR 2025-10-6
Subject: 15-day letter

Office of the Attorney General
Open Records Division
P.O. Box 12548
Austin, TX 78711

Dear Office of the Attorney General:

Pursuant to Government Code §552.301(b), please accept this “15-day letter” as a request for a ruling on the exception from disclosure of public information. Please reference ORR 2025-10-6 in your response.


BACKGROUND

On October 14, 2025, the Texas Commission on Jail Standards (“Commission”) received a public information request (Exhibit A) from LeRoy Nellis for:

  • All inmate, family, or staff complaints received by TCJS
  • Records of investigations, findings, dispositions, or enforcement actions
  • Correspondence between TCJS and Williamson County officials relating to complaints
  • Any TCJS notifications, investigations, or correspondence involving:
    • Inmate deaths, serious injuries, or hospitalization
    • All annual and special inspections, notices of non-compliances
    • Administrative data (jail population reports)

Initially, Mr. Nellis submitted an open records request by mail and requested responsive documents via email. However, he did not provide an email address. The Commission therefore asked Mr. Nellis to submit a new request via email.

After clarification, on October 21, 2025, the Commission forwarded a copy of the request and responsive information to the Texas Rangers (Exhibit B) and asked whether they had objections to release of the requested information.

On October 28, 2025, the Texas Rangers responded:

“Please be advised that the Texas Department of Public Safety has active criminal investigations into the deaths of Alexis Oliva-Garcia, Caleb Matney, and Robert Hill, and the release of the requested records at this time would interfere with those investigations. Therefore, we request that the records be withheld under section 552.108(a)(1) of the Texas Government Code.” (Exhibit C)

The Texas Rangers also submitted a separate letter further detailing their objections (Exhibit C).

Accordingly, on October 28, 2025, the Commission sent a “10-day letter” to the Attorney General requesting a ruling, with a copy sent to the requester (Exhibit D).


OBJECTIONS

As the proper custodian of the information, the Commission requests to withhold the death-in-custody files of Alexis Oliva-Garcia, Caleb Matney, and Robert Hill contained in Exhibits E–G, as the Texas Rangers object to their disclosure.

The Commission further requests to withhold the death-in-custody information of Caleb Matney and Robert Hill pursuant to Government Code §552.108, as it is part of an incomplete death-in-custody investigation by the Commission.

In construing the statutory predecessor to §552.108, the Attorney General has concluded that if an administrative investigation reveals possible criminal conduct intended to be reported to law enforcement, §552.108 applies if the information relates to an open investigation or its release would interfere with law enforcement. See Attorney General Opinion MW-575 (1982); Open Records Decision No. 493 (1988).

Texas Administrative Code §269.1(5) provides that:

  1. The Texas Commission on Jail Standards shall be notified of all inmate deaths within 24 hours.
  2. The Commission shall appoint a law enforcement agency other than the jail’s operator to investigate the death.
  3. Upon conclusion, the investigating agency shall submit its report to the Commission.

While awaiting the required external investigative report, the Commission simultaneously investigates deaths in custody for potential violations of minimum jail standards. As part of this process, the Commission reviews:

  1. Booking sheet
  2. Suicide screening form
  3. “Round” sheets
  4. CCQ (Continuity of Care Query)
  5. Magistrate notification forms
  6. Available video
  7. Medical summaries and supporting medical documentation
  8. Autopsy report
  9. Final investigative report from the appointed agency

The Commission cannot complete its review until receipt of the final investigative report. The Texas Rangers were appointed to investigate the referenced deaths; however, the Commission has not yet received the final reports required under Texas Administrative Code §269.1.

Therefore, the Commission requests withholding of the gathered information pursuant to §552.108, as release would interfere with law enforcement investigations.

The Commission notes it attempted to provide remaining documents to the requester; however, the requester continued to respond with lengthy emails and did not follow provided instructions for receipt (Exhibit H).

The Commission seeks the Attorney General’s ruling on whether the statutory exceptions apply.


Respectfully submitted,

Alyssa McMahon
Program Specialist
Texas Commission on Jail Standards

Email: Alyssa.McMahon@tcjs.state.tx.us
Phone: (512) 760-7034