 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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July 10, 2007 Ms. Linda Meekins McLain OR2007-08707 Dear Ms. McLain: 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# 283441. Blinn College (the "college"), which you represent, received a request for all personnel records regarding a specified officer, including all complaints and records of disputes with students. You state that some of the requested information has been released to the requestor. We understand you to claim that portions of the submitted information are excepted from disclosure under sections 552.101, 552.111, 552.114, 552.117, and 552.147 of the Government Code, as well as under the Family Educational Rights and Privacy Act of 1974 ("FERPA"). (1) We have considered the exceptions you claim and reviewed the submitted information. Initially, we note that a portion of the submitted information, which we have marked, was created after the college's receipt of the initial request for information. Because this information was created after the college's receipt of the request, it is not encompassed by the request. See Econ. Opportunities Dev. Corp. v. Bustamante, 562 S.W.2d 266 (Tex. Civ. App.-- San Antonio 1978, writ dism'd); Open Records Decision No. 452 at 3 (1986) (governmental body not required to disclose information that did not exist at the time request was received). Accordingly, we do not address the availability of this non-responsive information, and the college need not release it in response to this request. Next, we must address the college's obligations under section 552.301 of the Government Code, which prescribes the procedures that a governmental body must follow in asking this office to decide whether requested information is excepted from public disclosure. Pursuant to section 552.301(e), within fifteen business days of receiving the request, a governmental body must submit to this office (1) written comments stating the reasons why the stated exceptions apply that would allow the information to be withheld, (2) a copy of the written request for information, (3) a signed statement or sufficient evidence showing the date the governmental body received the written request, and (4) a copy of the specific information requested or representative samples, labeled to indicate which exceptions apply to which parts of the documents. Gov't Code § 552.301(e)(1)(A)-(D). You state that the college received the initial request for information on April 23, 2007. We understand that the college sought clarification of a portion of the request on April 30, 2007. See id. § 552.222 (providing that if request for information is unclear, governmental body may ask requestor to clarify request). In Open Records Decision No. 663 (1999), this office determined that during the interval in which a governmental body and a requestor communicate in good faith to narrow or clarify a request, the Act permits a tolling of the statutory ten business day deadline imposed by section 552.301. However, a governmental body's request for clarification or narrowing does not give that governmental body an additional ten full days from the date the requestor responds to the clarification request. Rather, "the ten-day deadline is tolled during the process but resumes, upon receipt of the clarification or narrowing response, on the day that the clarification is received." ORD 663 at 5. Thus, in regards to the information for which clarification was sought, the ten business day time period to request a decision from us under section 552.301(b) was tolled on the date that the college sought clarification of the request. See Gov't Code § 552.301(b). You state that the college received the requestor's clarification on May 14, 2007. Accordingly, we conclude that the ten business day time period for requesting a decision from our office resumed on May 15, 2007. Thus, the ten business day deadline was May 21, 2007, and the fifteen business day deadline was May 29, 2007, in regards to the information for which clarification was sought. Although you timely submitted the information for which you did not seek clarification on May 10, 2007, you did not submit the information for which you sought clarification until June 5, 2007 and June 12, 2007. Consequently, we conclude that the college failed to comply with the procedural requirements of section 552.301 of the Government Code in requesting a decision from our office with respect to the information submitted on June 5, 2007 and June 12, 2007. Pursuant to section 552.302 of the Government Code, a governmental body's failure to comply with the procedural requirements of section 552.301 results in the legal presumption that the requested information is public and must be released unless a compelling reason exists to withhold the information from disclosure. See Gov't Code § 552.302; Hancock v. State Bd. of Ins., 797 S.W.2d 379, 381-82 (Tex. App.-- Austin 1990, no writ) (governmental body must make compelling demonstration to overcome presumption of openness pursuant to statutory predecessor to section 552.302); Open Records Decision No. 319 (1982). Generally, a compelling reason to withhold information exists where some other source of law makes the information confidential or where third party interests are at stake. Open Records Decision No. 150 at 2 (1977). However, FERPA and sections 552.101, 552.114, 552.117, and 552.147 of the Government Code can provide compelling reasons to overcome the presumption of openness; therefore, we will consider the college's arguments under these exceptions for the information that was not submitted timely, as well as for the information that was submitted timely. You claim that the information you have marked is subject to FERPA. The United States Department of Education Family Policy Compliance Office ("DOE") informed this office that FERPA, 20 U.S.C. § 1232(a), does not permit state and local educational authorities to disclose to this office, without parental consent, unredacted, personally identifiable information contained in education records for the purpose of our review in the open records ruling process under the Act. However, FERPA is not applicable to law enforcement records maintained by the college's police department that were created by the department for a law enforcement purpose. See 20 U.S.C. § 1232g(a)(4)(B)(ii); 34 C.F.R. §§ 99.3, 99.8. The information which you have marked under FERPA includes police reports and records created and maintained by the college's police department. Thus, this information is not subject to FERPA and may not be withheld on that basis. Accordingly, we also do not address your arguments under section 552.114 of the Government Code. See Gov't Code §§ 552.026 (incorporating FERPA into the Act),. 114 (excepting from disclosure "student records"); Open Records Decision No. 539 (1990) (determining the same analysis applies under section 552.114 of the Government Code and FERPA). Therefore, the college may not withhold any of the information at issue under FERPA or section 552.114 of the Government Code. Section 552.101 of the Government Code excepts from public disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Gov't Code § 552.101. This section encompasses information protected by other statutes. You claim that the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 42 U.S.C. §§ 1320d-1320d-8, governs the information you have marked. At the direction of Congress, the Secretary of Health and Human Services ("HHS") promulgated regulations setting privacy standards for medical records, which HHS issued as the Federal Standards for Privacy of Individually Identifiable Health Information. See HIPAA, 42 U.S.C. § 1320d-2 (Supp. IV 1998) (historical & statutory note); Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. Pts. 160, 164; see also Attorney General Opinion JC-0508 at 2 (2002). These standards govern the releasability of protected health information by a covered entity. See 45 C.F.R. Pts. 160, 164. Under these standards, a covered entity may not use or disclose protected health information, except as provided by parts 160 and 164 of the Code of Federal Regulations. 45 C.F.R. § 164.502(a). This office has addressed the interplay of the Privacy Rule and the Act. In Open Records Decision No. 681 (2004), we noted that section 164.512 of title 45 of the Code of Federal Regulations provides that a covered entity may use or disclose protected health information to the extent that such use or disclosure is required by law and the use or disclosure complies with and is limited to the relevant requirements of such law. See 45 C.F.R. § 164.512(a)(1). We further noted that the Act "is a mandate in Texas law that compels Texas governmental bodies to disclose information to the public." See Open Records Decision No. 681 at 8; see also Gov't Code §§ 552.002, .003, .021. We therefore held that the disclosures under the Act come within section 164.512(a). Consequently, the Privacy Rule does not make information confidential for the purpose of section 552.101 of the Government Code. See Abbott v. Tex. Dep't of Mental Health & Mental Retardation, 212 S.W.3d 648, 662 (Tex. App.-- Austin 2006 no pet.); Open Records Decision No. 681 at 9; see also Open Records Decision No. 478 (1987) (as a general rule, statutory confidentiality requires express language making information confidential). Because the Privacy Rule does not make confidential information that is subject to disclosure under the Act, the college may withhold protected health information from the public only if the information is confidential under other law or an exception in subchapter C of the Act applies. Section 552.101 of the Government Code encompasses the Medical Practices Act ("MPA"), subtitle B of title 3 of the Occupations Code. Section 159.002 of the MPA provides in part: (a) A communication between a physician and a patient, relative to or in connection with any professional services as a physician to the patient, is confidential and privileged and may not be disclosed except as provided by this chapter. (b) A record of the identity, diagnosis, evaluation, or treatment of a patient by a physician that is created or maintained by a physician is confidential and privileged and may not be disclosed except as provided by this chapter. (c) A person who receives information from a confidential communication or record as described by this chapter, other than a person listed in Section 159.004 who is acting on the patient's behalf, may not disclose the information except to the extent that disclosure is consistent with the authorized purposes for which the information was first obtained. Occ. Code § 159.002(a)-(c). This office has concluded that the protection afforded by section 159.002 extends only to records created by either a physician or someone under the supervision of a physician. See Open Records Decision Nos. 487(1987), 370 (1983), 343 (1982). Furthermore, we have concluded that when a file is created as the result of a hospital stay, all of the documents in the file that relate to diagnosis and treatment constitute either physician-patient communications or records of the identity, diagnosis, evaluation, or treatment of a patient by a physician that are created or maintained by a physician. See Open Records Decision No. 546 (1990). Medical records must be released upon the patient's signed, written consent, provided that the consent specifies (1) the information to be covered by the release, (2) reasons or purposes for the release, and (3) the person to whom the information is to be released. See Occ. Code §§ 159.004, .005. Any subsequent release of medical records must be consistent with the purposes for which the governmental body obtained the records. See id. § 159.002(c); Open Records Decision No. 565 at 7 (1990). We have marked the medical records that are subject to the MPA. The college may only disclose these records in accordance with the access provisions of the MPA. Absent the applicability of an MPA access provision, the college must withhold these records pursuant to the MPA. See Open Records Decision No. 598 (1991). Section 552.101 also encompasses criminal history record information ("CHRI") generated by the National Crime Information Center or by the Texas Crime Information Center. Title 28, part 20 of the Code of Federal Regulations governs the release of CHRI that states obtain from the federal government or other states. Open Records Decision No. 565 (1990). The federal regulations allow each state to follow its individual law with respect to CHRI it generates. Id. Section 411.083 of the Government Code deems confidential CHRI that the Texas Department of Public Safety ("DPS") maintains, except that the DPS may disseminate this information as provided in chapter 411, subchapter F of the Government Code. See Gov't Code § 411.083. Sections 411.083(b)(1) and 411.089(a) authorize a criminal justice agency to obtain CHRI; however, a criminal justice agency may not release CHRI except to another criminal justice agency for a criminal justice purpose. Id. § 411.089(b)(1). Other entities specified in chapter 411 of the Government Code are entitled to obtain CHRI from DPS or another criminal justice agency; however, those entities may not release CHRI except as provided by chapter 411. See generally id. §§ 411.090-.127. We note, however, that the definition of CHRI does not include driving record information maintained by DPS under chapter 521 of the Transportation Code. See Gov't Code § 411.082(2)(B). We also note that because the laws that govern the dissemination of information obtained from NCIC and TCIC are based on both law enforcement and privacy interests, the CHRI of a deceased individual that is obtained from a criminal justice agency may be disseminated only as permitted by subchapter F of chapter 411 of the Government Code. See Open Records Decision No. 565 at 10-12 (1990). We have marked the CHRI that must be withheld under section 552.101 of the Government Code in conjunction with federal law and subchapter F of chapter 411 of the Government Code. We next note that the submitted information contains fingerprints, which are excepted from disclosure under section 552.101 in conjunction with chapter 560 of the Government Code. Chapter 560 provides that a governmental body may not release fingerprint information except in certain limited circumstances. See Gov't Code §§ 560.001 (defining "biometric identifier" to include fingerprints),.002 (prescribing manner in which biometric identifiers must be maintained and circumstances in which they can be released),.003 (providing that biometric identifiers in possession of governmental body are exempt from disclosure under Act). You do not inform us and the submitted information does not indicate that section 560.002 permits the disclosure of the submitted fingerprint information. Accordingly, the submitted fingerprint information, which we have marked, is confidential under section 560.003 and must be withheld under section 552.101 of the Government Code. Section 552.101 also encompasses section 58.007 of the Family Code. Juvenile law enforcement records relating to conduct that occurred on or after September 1, 1997 are confidential under section 58.007. The relevant language of section 58.007(c) reads as follows: (c) Except as provided by Subsection (d), law enforcement records and files concerning a child and information stored, by electronic means or otherwise, concerning the child from which a record or file could be generated may not be disclosed to the public and shall be: (1) if maintained on paper or microfilm, kept separate from adult files and records; (2) if maintained electronically in the same computer system as records or files relating to adults, be accessible under controls that are separate and distinct from controls to access electronic data concerning adults; and (3) maintained on a local basis only and not sent to a central state or federal depository, except as provided by Subchapter B. Fam. Code § 58.007(c). The information we have marked pertains to juvenile conduct that occurred after September 1, 1997. It does not appear that any of the exceptions to section 58.007 apply. Therefore, the information we have marked is confidential pursuant to section 58.007(c) of the Family Code, and must be withheld pursuant to section 552.101 of the Government Code. Section 552.101 also encompasses section 411.192 of the Government Code. Section 411.192 governs the release of all information maintained by the Department of Public Safety ("DPS") concerning the licensure of individuals to carry a concealed handgun, and provides as follows: (a) [DPS] shall disclose to a criminal justice agency information contained in its files and records regarding whether a named individual or any individual named in a specified list is licensed under this subchapter. Information on an individual subject to disclosure under this section includes the individual's name, date of birth, gender, race, and zip code. Except as otherwise provided by this section and by Section 411.193, all other records maintained under this subchapter are confidential and are not subject to mandatory disclosure under the open records law, Chapter 552. (b) An applicant or license holder may be furnished a copy of disclosable records regarding the applicant or license holder on request and payment of a reasonable fee. Act of May 11, 2007, 80th Leg., R.S., H.B. 991, § 1 (to be codified as an amendment to Gov't Code § 411.192(a), (b), (d)). In this instance, the requestor is neither a criminal justice agency nor the license holder. We note that section 411.193 is not applicable because the submitted information does not contain a statistical report. Gov't Code § 411.193 (making a statistical report including the number of licenses issued, denied, revoked, or suspended by the Department of Public Safety during the preceding month available to the public). Therefore, the college must withhold the concealed handgun license information, which we have marked, pursuant to section 552.101 in conjunction with section 411.192 of the Government Code. Section 552.101 also encompasses the common-law right of privacy, which protects information if (1) the information contains highly intimate or embarrassing facts, the publication of which would be highly objectionable to a reasonable person, and (2) the information is not of legitimate concern to the public. Indus. Found. v. Tex. Indus. Accident Bd., 540 S.W.2d 668, 685 (Tex. 1976). To demonstrate the applicability of common-law privacy, both prongs of this test must be met. Id. This office has found that the following types of information are excepted from required public disclosure under common-law privacy: personal financial information not relating to a financial transaction between an individual and a governmental body, see Open Records Decision Nos. 600 (1992), 545 (1990); some kinds of medical information or information indicating disabilities or specific illnesses, see Open Records Decision Nos. 470 (1987) (illness from severe emotional and job-related stress), 455 (1987) (prescription drugs, illnesses, operations, and physical handicaps); and identities of victims of sexual abuse, see Open Records Decision Nos. 440 (1986), 393 (1983), 339 (1982). Further, a public employee's allocation of his salary to a voluntary investment program or to optional insurance coverage which is offered by his employer is a personal investment decision and information about it is excepted from disclosure under the common-law right of privacy. See Open Records Decision No. 545 (1990). We have marked the information that the college must withhold under section 552.101 of the Government Code in conjunction with common-law privacy. You also claim that portions of the timely submitted information, which you have marked, are excepted from disclosure under section 552.111 of the Government Code. Section 552.111 excepts from disclosure "an interagency or intraagency memorandum or letter that would not be available by law to a party in litigation with the agency" and encompasses the deliberative process privilege. See Open Records Decision No. 615 at 2 (1993). The purpose of section 552.111 is to protect advice, opinion, and recommendation in the decisional process and to encourage open and frank discussion in the deliberative process. See Austin v. City of San Antonio, 630S.W.2d 391, 394 (Tex. App.-- San Antonio 1982, no writ); Open Records Decision No. 538 at 1-2 (1990). In Open Records Decision No. 615 (1993), this office re-examined the statutory predecessor to section 552.111 in light of the decision in Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408 (Tex. App.-- Austin 1992, no writ). We determined that section 552.111 excepts from disclosure only those internal communications that consist of advice, recommendations, opinions, and other material reflecting the policymaking processes of the governmental body. See Open Records Decision No. 615 at 5. A governmental body's policymaking functions do not encompass routine internal administrative or personnel matters, and disclosure of information about such matters will not inhibit free discussion of policy issues among agency personnel. Id.; see also City of Garland v. Dallas Morning News, 22 S.W.3d 351 (Tex. 2000) (section 552.111 not applicable to personnel-related communications that did not involve policymaking). A governmental body's policymaking functions do include administrative and personnel matters of broad scope that affect the governmental body's policy mission. See Open Records Decision No. 631 at 3 (1995). Additionally, section 552.111 does not generally except from disclosure purely factual information that is severable from the opinion portions of internal memoranda. See Arlington Indep. Sch. Dist. v. Tex. Attorney Gen., 37 S.W.3d 152 (Tex. App.-- Austin 2001, no pet.); ORD 615 at 4-5. Upon review of the submitted information, we find you have not established that the information you have marked under section 552.111 consists of advice, opinion, or recommendations reflecting the policymaking processes of the college. Therefore, the college may not withhold any of the information at issue under section 552.111 of the Government Code. You also claim that information you have marked is excepted from disclosure under section 552.117 of the Government Code. Section 552.117(a)(2) excepts from disclosure the current and former home addresses and home telephone numbers, social security number, and family member information of a peace officer, regardless of whether the officer made an election under section 552.024 of the Government Code or complies with section 552.1175 of the Government Code. See Gov't Code § 552.117(a)(2). This section applies to peace officers as defined by article 2.12 of the Code of Criminal Procedure. Therefore, to the extent the information we have marked pertains to a peace officer employed by the college, this information must be withheld under section 552.117(a)(2). To the extent that the individuals whose information is at issue are not currently licensed peace officers, but are current or former department employees, section 552.117(a)(1) may apply. Section 552.117(a)(1) excepts from disclosure the current and former home addresses and home telephone numbers, social security numbers, and family member information of a current or former official or employee of a governmental body who requests that this information be kept confidential under section 552.024. Whether a particular piece of information is protected by section 552.117(a)(1) must be determined at the time the request for it is made. See Open Records Decision No. 530 at 5 (1989). Therefore, the college may only withhold information under section 552.117(a)(1) on behalf of a current or former official or employee who made a request for confidentiality under section 552.024 prior to the date on which the request for this information was made. Accordingly, if the employees timely elected to keep their personal information confidential, the college must withhold the information we have marked under section 552.117(a)(1). The college may not withhold this information under section 552.117(a)(1) if the employees did not make timely elections to keep the information confidential. We note that some of the information at issue may be excepted under section 552.1175 of the Government Code, which provides in part the following: (b) Information that relates to the home address, home telephone number, or social security number of [a peace officer as defined by article 2.12 of the Code of Criminal Procedure], or that reveals whether the individual has family members is confidential and may not be disclosed to the public under this chapter if the individual to whom the information relates: (1) chooses to restrict public access to the information; and (2) notifies the governmental body of the individual's choice on a form provided by the governmental body, accompanied by evidence of the individual's status. Gov't Code § 552.1175(b). The submitted documents contain information pertaining to officers who do not work for the college. If these individuals are currently licensed peace officers who elect to restrict access to this information in accordance with section 552.1175(b), the college must withhold the information, which we have marked, under section 552.1175. The submitted documents also contain information that is excepted from disclosure pursuant to section 552.130 of the Government Code. (2) Section 552.130 provides in relevant part: (a) Information is excepted from required public disclosure if the information relates to: (1) a motor vehicle operator's or driver's license or permit issued by an agency of this state; [or] (2) a motor vehicle title or registration issued by an agency of this state; or (3) a personal identification document issued by an agency of this state or a local agency authorized to issue an identification document. Gov't Code § 552.130(a). We note, however, that the purpose of section 552.130 is to protect the privacy interests of individuals. Since the right of privacy lapses at death, the Texas motor vehicle record information that pertains to deceased individuals may not be withheld under section 552.130. See Moore v. Charles B. Pierce Film Enters., Inc., 589 S.W.2d 489, 491 (Tex.App.-- Texarkana 1979, writ ref'd n.r.e.); see also Attorney General Opinions JM-229 (1984); H-917 (1976); Open Records Decision No. 272 at 1 (1981). We also note that section 552.130 does not apply to out-of-state motor vehicle record information. Accordingly, the college must withhold the Texas motor vehicle record information we have marked under section 552.130. We also note that section 552.136 of the Government Code is applicable to some of the submitted information. Section 552.136(b) states that "[n]otwithstanding any other provision of [the Act], 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." Gov't Code § 552.136(b); see also id. § 552.136(a) (defining "access device"). We have marked the account numbers and insurance policy numbers the college must withhold under section 552.136 of the Government Code. We note that some of the remaining information is excepted under section 552.137 of the Government Code. Section 552.137 excepts from disclosure "an e-mail address of a member of the public that is provided for the purpose of communicating electronically with a governmental body" unless the member of the public consents to its release or the e-mail address is of a type specifically excluded by subsection (c). See Gov't Code § 552.137(a)-(c). We note that subsection (c) specifically excludes an e-mail address "provided to a governmental body on a letterhead, coversheet, printed document, or other document made available to the public. Id. at § 552.137(c)(4). The e-mail addresses at issue do not appear to be of a type specifically excluded by section 552.137(c), and you do not inform us that the individuals to whom the e-mail addresses belong consent to their release. Therefore, the college must withhold the e-mail addresses we have marked under section 552.137. Finally, section 552.147 of the Government Code provides "[t]he social security number of a living person is excepted from" required public disclosure under the Act. (3) Therefore, the college may withhold the social security numbers in the remaining information under section 552.147 of the Government Code. In summary, the college may only disclose the medical records we have marked in accordance with the access provisions of the MPA. In conjunction with section 552.101 of the Government Code, the college must withhold (1) the CHRI we have marked in conjunction with federal law and subchapter F of chapter 411 of the Government Code, (2) the fingerprint information we have marked under section 560.003 of the Government Code, (3) the information we have marked under section 58.007(c) of the Family Code, (4) the concealed handgun license information we have marked under section 411.192 of the Government Code, and (5) the information we have marked under common-law privacy. To the extent the information we have marked pertains to a peace officer employed by the college, this information must be withheld under section 552.117(a)(2) of the Government Code. If the college employees timely elected to keep their personal information confidential, the college must withhold the information we have marked under section 552.117(a)(1). If the officers who do not work for the college are currently licensed peace officers who elect to restrict access to their personal information in accordance with section 552.1175(b), the college must withhold the information under section 552.1175. The college must withhold the Texas motor vehicle record information we have marked under section 552.130 of the Government Code. The college must withhold the account numbers and insurance policy numbers we have marked under section 552.136 of the Government Code. The college must withhold the e-mail addresses we have marked under section 552.137. Finally, the college may withhold the social security numbers in the remaining information under section 552.147 of the Government Code. The remaining submitted information must be released. 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, Allan D. Meesey Assistant Attorney General Open Records Division ADM/jb Ref: ID# 283441 Enc. Submitted documents c: Ms. Karen M. Doavd 12 Monroe Place Montclair, New Jersey 07042 (w/o enclosures)
1. Although you initially raise sections 552.107 and 552.108 of the Government Code, you have not
submitted arguments explaining how these exceptions apply to the submitted information. Thus, the college
has waived its claims under sections 552.107 and 552.108. See Gov't Code § 552.301(e) (governmental body
must provide comments explaining why exceptions raised should apply to information requested). Also,
although you raise section 552.026 of the Government Code as an exception to disclosure, we note that
section 552.026 is not an exception to disclosure. Rather, section 552.026 provides that the Act does not
require the release of information contained in education records except in conformity with FERPA. Gov't
Code § 552.026.
The Office of the Attorney General will raise a mandatory exception like section 552.130 on behalf
of a governmental body, but ordinarily will not raise other exceptions. See Open Records Decision Nos. 481
(1987), 480 (1987), 470 (1987).
We note that section 552.147(b) of the Government Code authorizes a governmental body to redact
a living person's social security number from public release without the necessity of requesting a decision from
this office under the Act. POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |