January 29, 2010

Ms. Maria Miller

Public Information Officer

Dallas County Community College District

1601 South Lamar, Suite 208

Dallas, Texas 75215-1816

OR2010-01393

Dear Ms. Miller:

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# 369236.

The Dallas County Community College District (the "district") received a request for the winning proposal and the "Joint Evaluation Committee Report or similar document" pertaining to request for proposals ("RFP") numbers 11680 and 11694. You inform us you do not have information responsive to the request for information regarding RFP 11680. ⁽¹⁾ Although you take no position as to whether the submitted information is excepted under the Act, you state that release of this information may implicate the proprietary interests of an interested third party. Accordingly, you state, and provide documentation showing, you have notified Friedrich Software Resources, L.L.C. ("FSR") of the request for information and of its right to submit arguments to this office as to why the submitted information should not be released to the requestor. See Gov't Code § 552.305(d); see also Open Records Decision No. 542 at 3 (1990) (statutory predecessor to section 552.305 permits governmental body to rely on interested third party to raise and explain applicability of exception in the Act in certain circumstances). We have reviewed the submitted information.

An interested third party is allowed ten business days after the date of its receipt of the governmental body's notice under section 552.305(d) to submit its reasons, if any, as to why requested information relating to it should be withheld from disclosure. See Gov't Code § 552.305(d)(2)(B). As of the date of this letter, FSR has not submitted to this office any reasons explaining why the submitted information should not be released. Thus, we have no basis for concluding that any portion of its submitted information constitutes the proprietary information of this third party. See Open Records Decision Nos. 661 at 5-6 (1999) (to prevent disclosure of commercial or financial information, party must show by specific factual evidence, not conclusory or generalized allegations, that release of requested information would cause that party substantial competitive harm), 552 at 5 (1990) (party must establish prima facie case that information is trade secret). Therefore, the district may not withhold any of its submitted information based on any proprietary interests that FSR may have in the information.

We note that some of the submitted information may be protected by copyright. A custodian of public records must comply with the copyright law and is not required to furnish copies of records that are copyrighted. Attorney General Opinion JM-672 (1987). A governmental body must allow inspection of copyrighted materials unless an exception applies to the information. Id. If a member of the public wishes to make copies of copyrighted materials, the person must do so unassisted by the governmental body. In making copies, the member of the public assumes the duty of compliance with the copyright law and the risk of a copyright infringement suit. See Open Records Decision No. 550 (1990). As no exceptions to disclosure have been raised, the submitted information must be released, but any information subject to copyright may only be released in accordance with federal copyright law.

This letter ruling is limited to the particular information 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 information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General, toll free, at (888) 672-6787.

Sincerely,

Christina Alvarado

Assistant Attorney General

Open Records Division

CA/rl

Ref: ID# 369236

Enc. Submitted documents

cc: Requestor

(w/o enclosures)

c: Ms. Leslie Carle Friedrich

President

Friedrich Software Resources, LLC

12631 Huntingwich Drive

Houston, Texas 77024

(w/o enclosures)

Footnotes

1. We note that the Act does not require a governmental body to release information that did not exist when it received a request or create responsive information. 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).

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