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1995 Texas Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagtx0059 and id is 1 raw text is: @ffice of the (ttornep general 6tate of Texas DAN MORALES ATTORNEY GENERAL January 11, 1995 Mr. Robert Giddings Open Records Decision No. 631 The University of Texas System Office of General Counsel Re: Whether a consultant's report con- 201 West Seventh Street cerning a university's overall faculty hiring Austin, Texas 78701-2981 and retention policies is excepted from required public disclosure by section 552.111 of the Government Code (formerly V.T.C.S. article 6252-17a, section 3(a)(1 1)) (RQ-589) Dear Mr. Giddings: On behalf of The University of Texas at Arlington (the university), you have asked this office to determine whether a particular report is excepted from required public disclosure under the Texas Open Records Act, chapter 552 of the Government Code (formerly V.T.C.S. article 6252-17a).' The report was produced by an outside consultant hired by the university, rather than an officer or employee of the university, and addresses allegations of systematic discrimination against Black and Hispanic faculty members in the retention, tenure, and promotion process at the university and allegations of discrimination against one particular faculty member. You assert that the report contains confidential interviews, 'findings' that are really the opinions of the consultant, as well as advice, opinions and recommendations to the university for future action. You ask whether this information is excepted from disclosure by section 552.111 in light of the court's decision in Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408 (Tex. App.--Austin 1992, no writ). Your request requires us to consider whether, in light of the court's decision in Gilbreath and our decision in Open Records Decision No. 615 (1993), section 552.111 may be applicable to information created for a governmental body by an outside consultant.2 This office first concluded that the language now in section 552.111 may encompass information prepared by an outside consultant in Open Records Decision No. 192 (1978) at 2. In Gilbreath, however, the court criticized our interpretation of section IThe Seventy-third Legislature codified the Open Records Act as chapter 552 of the Government Code and repealed article 6252-17a, V.T.C.S. See Acts 1993, 73d Leg., ch. 268, §§ 1, 46. The codification of the Open Records Act in the Government Code is a nonsubstantive codification. Id. § 47. 2By outside consultant, we mean a person other than an officer or employee of the governmental body.

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