Open Records Decision No. 263
January 20, 1981

	Re:  Whether financial disclosure statements filed by city officials are available to 
the public

Honorable A. C. Gonzalez
City Manager
City of San Marcos
P. O. Box 725
San Marcos, Texas  78666

Dear Mr. Gonzalez:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether financial disclosure statements filed by city officials are available 
to the public.

	In April 1980 the city of San Marcos adopted an ordinance which requires certain 
city officials to file financial disclosure statements.  The ordinance, while giving to 
“[a]ny citizen of San Marcos” the “right to examine any disclosure statement,” provides 
that “no copies shall be made of any part of any statement, and no publication shall be 
allowed.”  In order to examine a file, an individual must execute “a sworn statement that 
gives reasonable details of why he or she believes a certain employee or officer has a 
conflict of interest.”  The ordinance also requires that certain city officials be present 
during the examination of any file.  The city of San Marcos recently received a request 
for copies of all financial statements filed pursuant to the disclosure ordinance.  You 
contend that the information is excepted by the terms of the ordinance and by sections 
3(a)(9) and 3(a)(10) of the Open Records Act.

	In Attorney General Opinion H-1070 (1977), this office addressed a general 
inquiry regarding the validity of various provisions in a proposed financial disclosure 
ordinance for home rule cities.  One question was whether “the city . . . could exempt 
from public inspection the entire financial statement of city employees.”  The opinion 
said that information in the financial disclosure statement:

would . . . be subject to the Open Records Act.  Such information 
might, of course, be excepted from disclosure in individual cases 
under one or more of the provisions of section 3 of that Act.  We 
believe, however, that any attempt to make the information 
contained in the proposed financial disclosure statements per se 
exempt from public disclosure would run afoul of the Open Records 
Act and be of no effect.

As an example of specific information which might be withheld, the opinion suggested 
that a “list of customers required of an attorney or physician might be confidential by law 
in some cases,” under section 3(a)(1) or 3(a)(2).  You have not in the present instance 
submitted individual disclosure statements, or suggested that any of them might be 
specifically withheld under a particular exception of the Open Records Act in accordance 
with the standard imposed in Attorney General Opinion H-1070.

	We note additionally that the city ordinance at issue here, while not entirely 
exempting financial statements from public inspection, imposes somewhat onerous 
conditions upon their disclosure, and does so on the basis of the requestor's reasons for 
seeking inspection.  The act itself prohibits a custodian from making any inquiry into the 
motives of the requestor.  V.T.C.S. art. 6252-17a, §5(b).  It is therefore our conclusion 
that the city of San Marcos must make available to the public, in accordance with the 
Open Records Act, copies of all financial disclosure statements required by law to be 
filed, excepting only those portions of any particular statement excepted from disclosure 
by a specific provision of the act.  The applicability of any such exception should be 
determined on a case-by-case basis.  Attorney General Opinion H-1070 (1977).

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
Bruce Youngblood