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1979-1981 Texas Attorney General Reports and Opinions 1 (1979-1981)

handle is hein.sag/sagtx0018 and id is 1 raw text is: The Attorney General ffe:A) March 29, 1979 1ARK WHITE .ttorney General Supreme Court Building 0. Box 12548 Nustin, TX. 78711 512/475-2501 701 Commerce, Suite 200 Dallas, TX. 75202 214/742-8944 4824 Alberta Ave., Suite 160 El Paso, TX. 79905 .15/533-3484 723 Main, Suite 610 Houston, TX. 77002 M28-0701 806 Broadway, Suite 312 Lubbock, TX. 79401 806/747-5238 4313 N. Tenth, Suite F McAllen. TX. 78501 512/682-4547 200 Main Plaza. Suite 400 San Antonio, TX. 78205 512/225-4191 An Equal Opportunity/ Affirmative Action Employer Mr. Stanley D. Baskin, Attorney Pasadena Independent School District First Pasadena State Bank Bldg. P. 0. Box 72 Pasadena, Texas 77501 Open Records Decision No. 221 Re: Whether records of official action and policies of school board are public under Open Records Act. Dear Mr. Baskin: You have requested a decision of this office as to the applicability of the exception in section 3(aX3) of article 6252-17a, V.T.C.S., to information requested by two representatives of the Houston Independent School District. The records requested are the board minutes of the district from 1950 until the present. You contend that these official records of the school district are excepted from required public disclosure under section 3(a)(3) of the Open Records Act, which exception applies to certain information relating to litigation in which a governmental body is, or may be, involved. It is clear that official records of the public proceedings of a governmental body are among the most open of records, and this office has specifically held minutes of a school board to be public under the Open Records Act. Open Records Decision Nos. 91 (1975); 60 (1974). See Texas Open Records Act, V.T.C.S. art. 6252-17a, SS 6(4), (10), (13); Texas Open Meetings Act, V.T.C.S. art. 6252-17, S 2(1). Even if the district were involved in some specific litigation, you have shown no fact or law which would establish the applicability of the section 3(a)(3) exception. We doubt that the section 3(aX3) exception could ever be applied to except these records. See Open Records Decision No. 146 (1976), where a similar contention was rejected as to the public availability of election returns and campaign expenditure reports. See also Open Records Decision No. 139 (1976) (EEOC complaints public, not excepted under 3(a)(3) as against contention that disclosure would provide a blueprint for litigation.). Finally, there is no support in fact or law for the claim that the request made to the Pasadena Independent School District was not made by a person within the meaning of sections 1 and 4 of the Act. As we have indicated, the request was made by two representatives of the Houston

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