|Office of the Attorney General - State of Texas
June 8, 2000
Ms. Ann Dillon
Dear Ms. Dillon:
You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 136992.
The General Services Commission (the "commission") received a request for your e-mail and any other correspondence concerning the fulfillment and payment dispute of PO # 303-9-2496. You state that you have released the majority of the requested information. However, you claim that the some of the information responsive to the request is excepted from disclosure under section 552.107 of the Government Code. We have considered the exception you claim and reviewed the submitted information.
Section 552.107(1) excepts information from disclosure if
it is information that the attorney general or an attorney of a political subdivision is prohibited from disclosing because of a duty to the client under the Texas Rules of Civil Evidence, the Texas Rules of Criminal Evidence, or the Texas Disciplinary Rules of Professional Conduct.
In Open Records Decision No. 574 (1990), this office concluded that section 552.107(1) excepts from public disclosure only "privileged information," that is, information that reflects either confidential communications from the client to the attorney or the attorney's legal advice or opinions; it does not apply to all client information held by a governmental body's attorney. ORD No. 574 at 5. Section 552.107(1) does not protect purely factual information. Id. For example, section 552.107(1) does not except from disclosure the factual recounting of events or the documentation of calls made, meetings attended, and memoranda sent. Id. You assert that the information that you have marked reveals communications from a client to his attorney or the attorney's advice or opinions, and therefore, is protected by the attorney-client privilege. After reviewing the submitted documents we find that most of the marked information does reveal communications from a client to his attorney or the attorney's advice or opinion. Accordingly, we agree with the majority of the highlighting made by the commission that indicates the information to be withheld pursuant to section 552.107(1). Therefore, this highlighted information may be withheld under section 552.107(1). However, we find that some of the highlighted information reveals a purely factual recounting of the events. This information may not be withheld under section 552.107(1). We have marked the highlighted information to be released. Consequently, the commission must release this information, as well as the remainder of the documents to the requestor.
This letter ruling is limited to the particular records at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other records or any other circumstances.
This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For example, governmental bodies are prohibited from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the governmental body wants to challenge this ruling, the governmental body must appeal by filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the governmental body does not comply with it, then both the requestor and the attorney general have the right to file suit against the governmental body to enforce this ruling. Id. § 552.321(a).
If this ruling requires the governmental body to release all or part of the requested information, the governmental body is responsible for taking the next step. Based on the statute, the attorney general expects that, within 10 calendar days of this ruling, the governmental body will do one of the following three things: 1) release the public records; 2) notify the requestor of the exact day, time, and place that copies of the records will be provided or that the records can be inspected; or 3) notify the requestor of the governmental body's intent to challenge this letter ruling in court. If the governmental body fails to do one of these three things within 10 calendar days of this ruling, then the requestor should report that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839. The requestor may also file a complaint with the district or county attorney. Id. § 552.3215(e).
If this ruling requires or permits the governmental body to withhold all or some of the requested information, the requestor can appeal that decision by suing the governmental body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408, 411 (Tex. App.-Austin 1992, no writ).
If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. Although there is no statutory deadline for contacting us, the attorney general prefers to receive any comments within 10 calendar days of the date of this ruling.
Noelle C. Letteri
Ref: ID# 136992
Encl. Submitted documents
cc: Mr. Dennis Kean
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US