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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