Did you know you can immediately ask a requestor to clarify their public information request regarding redactions?  You can do so by sending the following language:

“Some of the information responsive to your request may be protected from disclosure in accordance with the Texas Public Information Act (“TPIA”).  Please note that the

[Name of Governmental Entity] is not inquiring into the purpose for which the information your request will be used. Pursuant to Section 552.222 of the Texas Government Code, the [Name of Governmental Entity] requests that you narrow or clarify your request as follows: Please clarify whether you consent to the [Name of Governmental Entity] redacting any and all information it believes is confidential in accordance with the TPIA without the necessity of a request to the Texas Attorney General. Confidential information may include, but is not limited to, attorney-client privileged information, confidential personnel information, and/or confidential witness/informer information.”

If redactions are agreed to by the requestor, this option presents an efficient, “win-win” scenario where the governmental entity is able to redact the information that gives them concern, and the requestor is able to receive the requested information in a timely manner without having to wait up to 45 business days for a ruling from the Office of the Attorney General. Also, asking for permission to redact information in this manner, by specifying that it is a clarification request, tolls the deadline for seeking a ruling from the OAG until the requestor responds. It is important to note that if a requestor is unhappy with the redactions to the responsive information then they still have the option of re-requesting the same information and the governmental entity still has the option of seeking an AG ruling, so, effectively, no one’s rights are waived by reaching an agreement for redactions.

The Public Information Act is a nuanced and highly technical statute that has several procedural requirements that must be followed to ensure a governmental entity is protected from challenges by requestors. Should you have any questions regarding whether your governmental entity is approaching a request in an appropriate manner, please contact your entity’s counsel.

 

Prepared by the offices of Richard Abernathy, this article should not be construed as legal advice related to any specific facts or circumstances. Although this article covers legal subjects, it is intended to educate readers and not to provide advice that will be the basis for action or inaction in any specific circumstance. Viewing these materials does not create an attorney-client relationship between Abernathy, Roeder, Boyd & Hullett, P.C. and the reader or the reader’s institution. For circumstance-specific legal advice, please directly contact a licensed attorney.