 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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November 14, 2007 Ms. Carol Longoria OR2007-14910 Dear Ms. Longoria: 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# 294628. The University of Texas System (the "system") received a request for several categories of information pertaining to the University of Texas Pan American ("UTPA"), including: (a) disciplinary actions taken against the president of UTPA; (b) information pertaining to the UTPA Dean of Business' previous employment; (c) specified information pertaining to two named system audit office officers, as well as specified related documents; (d) a specified letter sent to the State Auditor's Office; and (e) information pertaining to a specified internal auditor, including disciplinary actions and information involving his professional leave to teach abroad. You state that the system has no responsive information with regard to a portion of the request. (1) You further state the system has released information responsive to a portion of the request. You claim that the remainder of the requested information is excepted from disclosure under section 552.116 of the Government Code. We have considered the exceptions you claim and reviewed the submitted representative sample of information. (2) Initially, you note that a portion of the submitted information is not responsive to this request. This decision does not address the public availability of the non-responsive information, which we have marked, and that information need not be released. The system argues that the information at issue may be withheld under section 552.116 of the Government Code, which provides: (a) An audit working paper of an audit of the state auditor or the auditor of a state agency, an institution of higher education as defined by Section 61.003, Education Code, a county, or a municipality, or a joint board operating under Section 22.074, Transportation Code, is excepted from [public disclosure]. If information in an audit working paper is also maintained in another record, that other record is not excepted from [public disclosure] by this section. (b) In this section: (1) 'Audit' means an audit authorized or required by a statute of this state or the United States, the charter or an ordinance of a municipality, an order of the commissioners court of a county, or a resolution or other action of a joint board described by Subsection (a) and includes an investigation. (2) 'Audit working paper' includes all information, documentary or otherwise, prepared or maintained in conducting an audit or preparing an audit report, including: (A) intra-agency and interagency communications; and (B) drafts of the audit report or portions of those drafts. Gov't Code § 552.116. You state the system is an institution of higher education as defined by section 61.003 of the Education Code. You state that a portion of the information consists of documents that were created by system auditors for the purpose of conducting an internal audit pursuant to chapter 2102 of the Government Code. See Gov't Code § 2102.007 (relating to the duties of an internal auditor). You further state that the remaining information relates to an audit authorized to be conducted by the State Auditor's office. The system states that the audits at issue were authorized under chapter 321 of the Government Code. See Gov't Code § 321.0136 ("An investigation is an inquiry into specified acts or allegations of impropriety, malfeasance, or nonfeasance in the obligation, expenditure, receipt, or use of state funds, or into specified financial transactions or practices that may involve such impropriety, malfeasance, or nonfeasance."). Based on your representations and our review, we agree that section 552.116 of the Government Code is applicable to the information at issue. We therefore conclude that the system may withhold the information at issue pursuant to section 552.116 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, Chanita Chantaplin-McLelland Assistant Attorney General Open Records Division CC/jb Ref: ID# 294628 Enc. Submitted documents cc: Mr. Richard Tansey 2804 Riverplace Drive, Apt. 3055 Arlington, Texas 76006 (w/o enclosures)
1. We note the Act does not require a governmental body to disclose information that did not exist when
the request for information was received. Econ. Opportunities Dev. Corp. v. Bustamante, 562 S.W.2d 266
(Tex.App.-San Antonio 1978, writ dism'd); Open Records Decision No. 452 at 3 (1986).
We assume that the "representative sample" of records submitted to this office is truly representative
of the requested records as a whole. See Open Records Decision Nos. 499 (1988), 497 (1988). This open
records letter does not reach, and therefore does not authorize the withholding of, any other requested records
to the extent that those records contain substantially different types of information than that submitted to this
office. POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |