November 15, 2006

Ms. Ann Greenberg

Counsel for Lake Travis ISD

Walsh, Anderson, Brown, Schulze & Aldridge, P.C.

P.O. Box 2156

Austin, Texas 78768

OR2006-13540

Dear Ms. Greenberg:

You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 265228.

The Lake Travis Independent School District (the "district"), which you represent, received forty separate requests for information from the same requestor. The requestor seeks, in part, information pertaining to the superintendent's approved list of qualified substitute teachers available for the 2005-2006 and 2006-2007 school years, documents regarding any universal discount rates received by the district, documents submitted by the district to the Federal Communications Commission regarding internet safety measures, records pertaining to the professional qualifications of the classroom teachers and professionals expected to provide services to the requestor's son during the 2006-2007 school year, and records pertaining to the use of pesticides at a specific elementary school. ⁽¹⁾ You state that the district does not maintain information responsive to fourteen of the requests. ⁽²⁾ You also state that the district has released information responsive to twenty-three of the requests. You contend that the remainder of the requested information is excepted from disclosure under sections 552.102, 552.136, and 552.137 of the Government Code. We have considered your arguments and reviewed the submitted information.

Section 552.102(b) of the Government Code excepts from disclosure "a transcript from an institution of higher education maintained in the personnel file of a professional public school employee." Gov't Code § 552.102(b). This section further provides, however, that "the degree obtained or the curriculum on a transcript in the personnel file of the employee" are not excepted from disclosure. Id. Thus, except for the information that reveals the degree obtained and the courses taken, the district must withhold the submitted transcripts under section 552.102(b).

Next, we address your arguments under section 552.136 of the Government Code, which provides as follows:

(a) In this section, "access device" means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another access device may be used to:

(1) obtain money, goods, services, or another thing of value; or

(2) initiate a transfer of funds other than a transfer originated solely by paper instrument.

(b) Notwithstanding any other provision of this chapter, a credit card, debit card, charge card, or access device number that is collected, assembled, or maintained by or for a governmental body is confidential.

Id. § 552.136. We have reviewed the submitted documents and marked the account numbers which must be withheld under section 552.136. We find, however, that you have not demonstrated that the remaining numbers you have marked may be used to obtain money, goods, services, or another thing of value, or initiate a transfer of funds. Therefore, these numbers may not be withheld under section 552.136.

Section 552.137 of the Government Code requires a governmental body to withhold the e-mail address of a member of the general public, unless the individual to whom the e-mail address belongs has affirmatively consented to its public disclosure. See id. § 552.137(b). You do not inform us that a member of the public has affirmatively consented to the release of any e-mail address contained in the remaining information. Therefore, the district must withhold the e-mail addresses you have marked under section 552.137.

We note that portions of the remaining submitted information may be excepted from disclosure under section 552.117 of the Government Code. ⁽³⁾ Section 552.117 excepts from disclosure the home addresses and telephone numbers, social security numbers, and family member information of current or former officials or employees of a governmental body who request that this information be kept confidential under section 552.024. Whether a particular piece of information is protected by section 552.117 must be determined at the time the request for it is made. See Open Records Decision No. 530 at 5 (1989). Therefore, the district may only withhold information under section 552.117 on behalf of current or former employees who made a request for confidentiality under section 552.024 prior to the date on which the request for this information was made. For those employees who timely elected to keep their personal information confidential, the district must withhold the information that we have marked under section 552.117. The district may not withhold this information under section 552.117 for those employees who did not make a timely election to keep the information confidential.

In summary, except for the information that reveals the degree obtained and the courses taken, the district must withhold the submitted transcripts under section 552.102(b) of the Government Code. The account numbers we have marked must be withheld under section 552.136 of the Government Code. The district must withhold the e-mail addresses you have marked under section 552.137 of the Government Code. The district must withhold the information that we have marked under section 552.117of the Government Code provided that the employees at issue have timely elected to keep their personal information confidential. The remaining information must be released 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, upon receiving this ruling, the governmental body will either release the public records promptly pursuant to section 552.221(a) of the Government Code or file a lawsuit challenging this ruling pursuant to section 552.324 of the Government Code. If the governmental body fails to do one of these things, 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 Dep't of Pub. 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 Office of the Attorney General 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. 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,

Lisa V. Cubriel

Assistant Attorney General

Open Records Division

LVC/eb

Ref: ID# 265228

Enc. Submitted documents

c: Mr. David Lovelace

103 Galaxy

Austin, Texas 78734

(w/o enclosures)

1. For reference, you have numbered the requests for which you are seeking a ruling 1889, 1890, 1893, 1894, 1901, 1902, and 1903.

2. The Act does not require a governmental body to release information that did not exist when a request for information was received or to prepare new information in response to a request. See Econ. Opportunities Dev. Corp. v. Bustamante, 562 S.W.2d 266, 267-68 (Tex. Civ. App.--San Antonio 1978, writ dism'd); Open Records Decision Nos. 605 at 2 (1992), 452 at 3 (1986), 362 at 2 (1983).

3. The Office of the Attorney General will raise a mandatory exception on behalf of a governmental body, but ordinarily will not raise other exceptions. See Open Records Decision Nos. 499 (1987), 497 (1987).

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