The Public Information Act Rights and Responsibilities of a Governmental Body Local Government Seminar January 29, 2015 Presented by: Barry Gaines.

The Public Information Act

Rights and Responsibilities of a Governmental Body

Local Government SeminarJanuary 29, 2015

Presented by:Barry Gaines

The Public Information Act

• Located in Chapter 552 of the Texas Government Code

• The text of the PIA and the handbook created by the Attorney General of Texas are available on the AG’s website www.texasattorneygeneral.gov

• The PIA applies to every “governmental body” as defined in the Government Code.

Basic Principles• Information kept by a governmental body is

presumed to be public• Public may have access to it or copies upon written

request• Information is not public if a law provides that it is

confidential• The body must ask the Attorney General before

withholding or releasing information it believes to be confidential

Requests for Information

• Set up a system for tracking and monitoring PIA requests, responses, and letter rulings

• Assign a work order number which is provided to the requestor and individuals working on gathering responsive information

• Many requests require assistance from multiple divisions to locate responsive information

• Keep copies of information provided to requestors and information provided to AG

Communication with Requestors

• Ask for proof from Requestor that he is authorized to receive the information

• Cost estimates– Notification and acceptance of cost estimate– Deposit required before work can begin if estimate exceeds $100

• Provide a time estimate if request can’t be completed within 10 days• Provide notification if information is redacted pursuant to statutory authority

Communication with Requestors

• Contact Requestor to clarify and/or narrow a request• Ask Requestor for authorization to redact confidential information

from responsive documents• Inform the Requestor that you will seek a ruling from the Attorney

General• Provide the Requestor with the notification and brief sent to the

Attorney General

The Role of the Attorney General

• The Attorney General is responsible for maintaining uniformity in the application, operation, and interpretation of the PIA

• Open Government Hotline (877) OPEN TEX (877-673-6839)

• Cost Hotline(888) ORCOSTS (888-672-6787)

Requesting a Ruling from

the Attorney General • You must identify the information, determine whether

a confidentiality law or other exception applies, and ask for a ruling within 10 business days

• AG issued approximately 23,500 letter rulings in 2014• Request for a ruling is mandatory unless you have a

previous determination• Prior Attorney General letter rulings are not usually

“previous determinations” that can be relied on to withhold information.

Previous Determinations: Two Types

• Type One (must meet all four criteria)– The information at issue is precisely the same as information previously

submitted to the AG for a ruling.– The governmental body that received the request is the same as the one

the previously requested the ruling.– AG issued a ruling that the precise information either is or is not

excepted from disclosure.– There has been no change in law, facts, or circumstances since the prior

ruling was issued.

Previous Determinations: Two Types

• Type Two (must meet all five criteria)– Information at issue falls within a specific category of information on which the

AG previously rendered a decision.– Decision is applicable to the governmental body who received the request.– Decision concludes the specific category of information either is or is not

excepted from disclosure.– Elements of law, facts and circumstances are met with respect to the previous

decision’s conclusion– Decision explicitly provides that it may be relied on to withhold information

without seeking a new decision.

Exceptions to the Release of Public Information

• Government Code Section 552.130 motor vehicle records

• Government Code Section 552.108 law enforcement

• Government Code Section 552.110 (Notice to the 3rd party under 552.305)

Confidential Information

• Attorney/Client Privileged Information

• Information Relating to Litigation

• Agency Memoranda (Deliberative Process)

Other Exceptions to Release of Information

Public Information• 552.022 Categories of Public Information (not excepted unless

confidential)– Salary, title, and dates of employment– Policy statement adopted or issued by agency– Settlement agreement to which a GB is a party

• 552.0225 Investment Information• Information made public by a statute

– 551.022 Minutes and Recordings of Open Meetings

Penalty for Failing to Provide Public Information

• An officer for Public Information or his agent commits an offense that constitutes official misconduct by failing or refusing to give access or permit copying of public information as provided by the PIA

• Up to $1000 fine and/or up to 6 months in jail

Penalties for Disclosing Confidential Information

Government Code (PIA)• A person commits an offense that constitutes official misconduct by

distributing information considered confidential under the PIA• Up to $1000 fine and/or up to 6 months in jail

Be aware of particular statutes that the GB you represent must comply with because they often provide penalties as well.