Open Records Decision No. 259
November 24, 1980

	Re:  Whether the amount of a gift to a city is public under the Open Records Act 
when the donor has requested that the amount not be revealed

Mr. H. P. Wright
City Attorney
Wright & Pitre, Lawyers
1221 Dallas Street
Port Neches, Texas  77651

Dear Mr. Wright:

	You have requested our opinion regarding whether a pledge agreement relating to 
a gift to a city is public information under the Open Records Act, article 6252-17a, 
V.T.C.S., when the donor has requested that it not be revealed.

	A donor has pledged a substantial sum to the city of Port Neches for the purpose 
of building a library.  The pledge indicates that the entire amount “shall be paid in cash 
on or before February 1, 1981.”  The donor has requested that the pledge agreement be 
withheld from public disclosure at this time.

	Article 6252-17a, V.T.C.S., the Open Meetings Act, provides, in section 2(f):

The public may be excluded from that portion of a meeting during 
which a discussion is had with respect to the purchase, exchange, 
lease, or value of real property, negotiated contracts for prospective 
gifts or donations to the state or the governmental body, when such 
discussion would have a detrimental effect on the negotiating 
position of the governmental body as between such body and a third 
person, firm or corporation.

You express concern that disclosure, over the objection of the donor, “would endanger 
the timely payment” of the pledge.  As a result, we believe that the agreement between 
the city and the donor may be said to be in the negotiating stage, and will remain so until 
payment of the full amount of the pledge.  Section 3(a)(1) of the Open Records Act 
excepts from disclosure “information deemed confidential by law.”  In this instance, the 
particular law is section 2(f) of article 6252-17a.  Since the city could at this time 
exclude the public from a meeting discussing the pledge, the city may, in our view, also 
decline to reveal the contents of the pledge agreement while negotiations are pending, 
i.e., not later than February 1, 1981.

	It is therefore our decision that the city of Port Neches need not disclose a pledge 
agreement relating to a gift from a private donor until the entire amount of the gift is 
paid, or not later than February 1, 1981.  When full payment has been tendered, the city 
should disclose the requested information.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Richard E. Gray III
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Acting Chairman
Jon Bible
Rick Gilpin