Open Records Decision No. 221
March 29, 1979

	Re:  Whether records of official action and policies of school board are public 
under Open Records Act.

Mr. Stanley D. Baskin
Attorney
Pasadena Independent School District
First Pasadena State Bank Bldg.
P. O. Box 72
Pasadena, Texas  77501

Dear Mr. Baskin:

	You have requested a decision of this office as to the applicability of the 
exception in section 3(a)(3) of article 6252-17a, V.T.C.S., to information requested by 
two representatives of the Houston Independent School District.  The records requested 
are the board minutes of the district from 1950 until the present.

	You contend that these official records of the school district are excepted from 
required public disclosure under section 3(a)(3) of the Open Records Act, which 
exception applies to certain information relating to litigation in which a governmental 
body is, or may be, involved.

	It is clear that official records of the public proceedings of a governmental body 
are among the most open of records, and this office has specifically held minutes of a 
school board to be public under the Open Records Act.  Open Records Decision Nos. 91 
(1975); 60 (1974).  See Texas Open Records Act, V.T.C.S. art. 6252-17a, §§ 6(4), (10), 
(13); Texas Open Meetings Act, V.T.C.S. art. 6252-17, § 2(l).  Even if the district were 
involved in some specific litigation, you have shown no fact or law which would 
establish the applicability of the section 3(a)(3) exception.  We doubt that the section 
3(a)(3) exception could ever be applied to except these records.  See Open Records 
Decision No. 146 (1976), where a similar contention was rejected as to the public 
availability of election returns and campaign expenditure reports.  See also Open Records 
Decision No. 139 (1976) (EEOC complaints public, not excepted under 3(a)(3) as against 
contention that disclosure would provide a “blueprint for litigation.”).

	Finally, there is no support in fact or law for the claim that the request made to 
the Pasadena Independent School District was not made by a “person” within the 
meaning of sections 1 and 4 of the Act.  As we have indicated, the request was made by 
two representatives of the Houston Independent School District.  We do not believe that 
the availability of public information to any member of the public is affected by the fact 
that the requestor is acting in a representative rather than an individual capacity.

	It is our decision that the information requested is not excepted from required 
public disclosure under the section 3(a)(3) exception.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Ted L. Hartley
Executive Assistant Attorney General

Prepared by William G. Reid
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

C. Robert Heath, Chairman
David B. Brooks
William G Reid
Bruce Youngblood