emails and email addresses under open government laws
TRANSCRIPT
William D. Dugat IIIBickerstaff Heath Delgado Acosta LLP
3711 S. MoPac ExpresswayBuilding One, Suite 300
Austin, TX 78746512-472-8021
Texas Groundwater Summit
San Marcos, TexasAugust 23-25, 2016
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E-MAILS AND E-MAIL ADDRESSES UNDER OPEN GOVERNMENT LAWS
Confidentiality of E-Mail Messages
Early AG decisions found personal notes of public employees and officials were not public information because “not assembled, collected, or maintained” by government
2013, PIA Amended• “Public Information” includes:
“any electronic communication created, transmitted, received, or maintained on any device if the communication is in connection with the transaction of official business.”
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“information by an officer or employee in the officer’s or employee’s official capacity, or performing official business.
Information in connection with the “transaction of official business” is defined as:
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2015 Austin Court of Appeals:
Information in a personal e-mail account that relates to official business is “owned” by the governmental entity and is public information.
Adkisson v. Paxton, 459 S.W.3d 761 (Tex. App. – Austin 2015, no pet.)
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Take away -
• “Public information” now takes into account electronic devices and cell phones
• No distinction between personal or district-issued devices
• Focus is on nature of communication
• In connection with official business it’s public!
Confidentiality of Personal E-mail Addresses
E-mail address of a “member of the public” provided for purpose of communicating electronically with the District is confidential, except• Consent to release• District vendor or contractor• Contained in RFP response• Provided on letterhead or other document that is
public• Provided in public comment
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Personal E-mail Addresses
Austin City Council members and Mayor used personal e-mail to communicate City business
News organization sought personal e-mail addresses of Austin City Council members and Mayor
City officials asserted confidentiality under the “members of the public” provision
Members of the public are not persons belonging to “agency”
Personal e-mail addresses are public• Austin Bulldog v. Leffingwell
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TOMA applies to “verbal exchange” of a “Quorum”AG OP GA-0896 (2011):• Words need not be spoken in person• Words communicated by e-mail covered• Need not be physically present• Emails may constitute deliberations
Violations could occur if using devices during a formal meeting.
E-mail Exchange and Walking Quorum
William D. Dugat IIIBickerstaff Heath Delgado Acosta LLP
3711 S. MoPac ExpresswayBuilding One, Suite 300
Austin, TX 78746512-472-8021
Texas Groundwater Summit
San Marcos, TexasAugust 23-25, 2016
9
E-MAILS AND E-MAIL ADDRESSES UNDER OPEN GOVERNMENT LAWS