 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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July 20, 2007 Ms. Holly C. Lytle OR2007-09227 Dear Ms. Lytle: 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# 284810. The County of El Paso (the "county") received a request for all records from the State Commission on Judicial Conduct regarding a sexual harassment complaint filed by the requestor against a named judge. 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. Section 552.101 of the Government Code excepts from 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, like section 33.032 of the Government Code, which provides that "[e]xcept as otherwise provided by this section and [s]ection 33.034, the papers filed with and proceedings before the [State Commission on Judicial Conduct] are confidential prior to the filing of formal charges." Id. § 33.032(a). The county states that the requested information came from the State Commission on Judicial Conduct and relates to the complaint at issue. Further, none of the exceptions to confidentiality in sections 33.032 and 33.034 appear to apply. Id. § 33.032, .034. Based upon your arguments and our review of the information at issue, we determine that the submitted information is confidential under section 33.032 of the Government Code, and must be withheld under 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, 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, Leah B. Wingerson Assistant Attorney General Open Records Division LBW/ma Ref: ID# 284810 Enc. Submitted documents c: Ms. Annabelle Casas-Mendoza 426 El Camino Drive El Paso, Texas 79912 (w/o enclosures)
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