 Office of the ATTORNEY GENERAL GREG ABBOTT | |
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January 13, 2003 Ms. Alice Cardozo
OR2003-0251 Dear Ms. Cardozo: You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 174908. The Texas Workforce Commission (the "commission") received a request for "records, audio recordings [,] and documents relating to [commission] Appeal Number 360074-1." You claim that the requested information is excepted from disclosure under section 552.101 of the Government Code. We have considered the exception you claim and reviewed the submitted information. We have also considered comments submitted by the requestor. See Gov't Code § 552.304 (providing that interested party may submit comments stating why information should or should not be released). Initially, we address the requestor's contention that portions of the requested information have already been released to the public. We note that section 552.007 of the Government Code prohibits a governmental body from selectively disclosing information that is not confidential by law. We note, however, that the commission claims that the requested information is confidential by law. Selective disclosure of confidential information does not destroy the confidential nature of that information. See Gov't Code § 552.007; but see Gov't Code § 552.352 (imposing criminal penalties for release of confidential information). Therefore, we will address the commission's arguments against disclosure of the requested information. You claim that the requested information is excepted from disclosure pursuant to section 552.101 of the Government Code in conjunction with federal regulations as information relating to a claim for unemployment benefits. We note that the regulations found at section 603 of title 20 of the Code of Federal Regulations send a clear message that "claim information" in the files of a state unemployment compensation agency is to be disclosed only to a "receiving agency," as defined in the regulations, or to other specified parties. See 20 C.F.R. §§ 603.1 et seq.; see also Open Records Decision No. 476 at 4 (1987). Otherwise, pursuant to section 603.7 of title 20 of the Code of Federal Regulations, state unemployment compensation agencies, such as the commission, must protect the confidentiality of claim information. "Claim information" means information regarding whether an individual is receiving, has received, or has applied for unemployment compensation, as well as "[a]ny other information contained in the records of the State employment compensation agency which is needed by the requesting agency to verify eligibility for, and the amount of, benefits." 20 C.F.R. § 603.2(c)(1), (5). We also note that the names of employers and employees who file unemployment compensation appeals fall within the definition of "claim information" and that the federal regulations prohibit the commission from disclosing this information. See Open Records Decision No. 476 at 4 (1987). This office has stated that "[a] federal statute or administrative regulation enacted pursuant to statutory authority can provide statutory confidentiality for purposes of [the predecessor to section 552.101] of the Open Records Act." Open Records Decision No. 476 at 5 (citing Open Records Decision Nos. 373 (1983); 226 (1979); Johnson v. Wells, 566 F.2d 1016 (5th Cir. 1978)). You argue that the federal Social Security Act requires states to comply with the directives of the United States Department of Labor (the "department") in administering state UI programs and that a department directive, UI Program Letter No. 34-97, specifies the conditions under which such claim information may be released. Finally, you contend that none of the release provisions specified in this directive is applicable in this instance. Based on our review of your arguments and the information at issue, we agree that the requested information is made confidential under federal law. Accordingly, we conclude that the commission must withhold from disclosure the entirety of the information at issue pursuant to section 552.101 of the Government Code. 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). Please remember that under the Act the release of information triggers certain procedures for costs and charges to the requestor. If records are released in compliance with this ruling, be sure that all charges for the information are at or below the legal amounts. Questions or complaints about over-charging must be directed to Hadassah Schloss at the Texas Building and Procurement Commission at 512/475-2497. If the governmental body, the requestor, or any other person has questions or comments about this ruling, they may contact our office. We note that a third party may challenge this ruling by filing suit seeking to withhold information from a requestor. Gov't Code § 552.325. 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. Sincerely, Cindy Nettles
c: Mr. Eric Brandler
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |