Too little, too late

The Texas Supreme Court created a loophole in the Texas Public Information Act when it delivered its decision in Boeing v. Paxton last year.  The ruling allowed Texas governments to withhold information if disclosing the information would cause competitive harm.

Our city is leading the charge by refusing to release some emails that the Times has requested.

On second thought

Section 552.301 of the Texas Government Code says:

The government body must ask for the attorney general’s decision and state the exceptions that apply within a reasonable time but not later than the 10th business day after the date of receiving the written request.

The Times requested some information.

The city objected and wrote their required letter to the attorney general citing 25 reasons why they believed they should be able to withhold the information.  They did not mention Boeing v. Paxton.

Last week the city recognized that the court decision would help their argument and sent a second letter to the attorney general.

Time matters

Section 552.303 of the Texas Government Code says:

If a government body does not request an attorney general decision as provided by Section 552.301 and provide the requestor with the information required by Sections 552.301(d) and (e-1) the information requested in writing is presumed to be subject to required public disclosure and must be released unless there is a compelling reason to withhold the information.

The attorney general’s ruling in this situation should be based on the 25 reasons the city offered in its first letter.

Why on earth would the city manager be negotiating via email?

Once again the city wants to be above the law.

We deserve better

Brutus

3 Responses to Too little, too late

  1. Norman E. Mailer says:

    Why on earth, you ask, would the city manager be negotiating via email?

    Unfortunately, too many people only want to do business via e-mail and text these days, especially those who consider themselves very important and very busy.

    Lots of people negotiate via e-mail these days. Even secretaries of state negotiate via e-mail and we now have the e-mails to prove it.

    Like

  2. Old Gringo Guy says:

    Ain’t it a shame when city officials (who work for us) attempt to hide what they are doing (or have already done) from us, their employers? Oh, and I would recommend all you straight ticket democrats get a copy of Hillary’s America and read it. Who knows, a little education might shake up the voter base of El Paso!

    Like

  3. Jerry K says:

    Another “trickle up” economics deal with a big CC donor? One that appears on the CC agenda at the last minute to preclude public scrutiny?

    Like

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