 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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March 24, 2011 Ms. Elisabeth A. Donley Law Offices of Robert E. Luna, P.C. For Region 10 Education Service Center 4411 North Central Expressway Dallas, Texas 75205 OR2011-04056 Dear Ms. Donley: 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# 412677. The Region 10 Education Service Center (the "center"), which you represent, received a request for a copy of RFP#2009-04, and the winning contractor's contract and proposal. You state the center has released some information to the requestor. Although you take no position with respect to the public availability of the submitted proposal, you state that the submitted information may contain proprietary information subject to exception under the Act. Accordingly, you provide documentation showing that the center notified Catapult Learning, LLC ("Catapult") 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. See Gov't Code § 552.305(d); see also Open Records Decision No. 542 (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. Initially, you state the center will redact insurance policy numbers under section 552.136 of the Government Code and e-mail addresses under section 552.137 of the Government Code pursuant to Open Records Decision No. 684 (2009). Open Records Decision No. 684 was issued by this office as a previous determination to all governmental bodies authorizing them to withhold ten categories of information, including insurance policy numbers under section 552.136 and certain e-mail addresses under section 552.137, without the necessity of requesting an attorney general decision. We note, however, that Open Records Decision No. 684 does not authorize the withholding of e-mail addresses that fall under one of the exceptions listed in section 552.137(c), which includes e-mail addresses provided to a governmental body by a vendor who seeks to contract with the governmental body or by the vendor's agent, and those contained in a response to a request for bids or proposals, contained in a response to similar invitations soliciting offers or information relating to a potential contract, or provided to a governmental body in the course of negotiating the terms of a contract or potential contract. See Gov't Code § 552.137(c). The e-mail address you have marked is contained in a response to a request for proposals and, thus, falls into one of the exceptions listed in section 552.137(c). Accordingly, the center may not withhold this e-mail address under section 552.137 of the Government Code. However, the center may withhold the insurance policy numbers you have marked under section 552.136 of the Government Code pursuant to Open Records Decision No. 684. Next, we note 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 information relating to that party should be withheld from public disclosure. See id. § 552.305(d)(2)(B). As of the date of this letter, we have not received comments from Catapult explaining why the submitted information should not be released. Therefore, we have no basis to conclude Catapult has a protected proprietary interest in the submitted information. See id. § 552.110; 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), 542 at 3. Consequently, the center may not withhold the submitted information on the basis of any proprietary interests Catapult may have in the information. As the center raises no further exceptions to disclosure of the remaining information, it must be released. 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, Kate Hartfield Assistant Attorney General Open Records Division KH/em Ref: ID# 412677 Enc. Submitted documents c: Requestor (w/o enclosures) Mr. Stephen K. Freeman President & CEO Catapult Learning, LLC 470 North 2nd Street, Second Floor Philadelphia, Pennsylvania 19123 (w/o enclosures)
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