GCA(LEGAL) - PUBLIC INFORMATION PROGRAM: ACCESS TO INFORMATION

Section I: Public Information Generally

Definitions

Public Information

  1. By a governmental body, including a college district board of trustees;
  2. For a governmental body and the governmental body:
    1. Owns the information;
    2. Has a right of access to the information; or
    3. Spends or contributes public money for the purpose of writing, producing, collecting, assembling, or maintaining the information; or
  3. By an individual officer or employee of a governmental body in the officer's or employee's official capacity and the information pertains to official business of the governmental body.

Official Business

Availability of Public Information

Information That Must Be Disclosed Unless Confidential Under Law

  1. A completed report, audit, evaluation, or investigation made of, for, or by the governmental body, except by provided in Government Code 552.108.
  2. The name, sex, ethnicity, salary, title, and dates of employment of each employee and officer of a governmental body.
  3. Information in an account, voucher, or contract relating to the receipt or expenditure of public or other funds by a governmental body.
  4. The name of each official and the final record of voting on all proceedings of the board.
  5. All working papers, research material, and information used to estimate the need or expenditure of public funds or taxes by a governmental body, on completion of the estimate.
  6. The name, place of business, and the name of the municipality to which local sales and use taxes are credited, if any, for the named person, of a person reporting or paying sales and use taxes under Tax Code Chapter 151.
  7. A description of an agency's central and field organizations, including the established places at which the public may obtain information, submit information or requests, and obtain decisions; the employees from whom the public may obtain information, submit information or requests, or obtain decisions; and the methods by which the public may obtain information, submit information or requests, or obtain decisions.
  8. A statement of the general course and method by which an agency's functions are channeled and determined, including the nature and requirements of all formal and informal policies and procedures.
  9. A rule of procedure, description of forms available or the places at which forms may be obtained, and instructions relating to the scope and content of all papers, reports, or examinations.
  10. A substantive rule of general applicability adopted or issued by an agency as authorized by law, and a statement of general policy or interpretation of general applicability formulated and adopted by an agency.
  11. Each amendment, revision, or repeal of information described in items 7–10.
  12. Final opinions, including concurring and dissenting opinions, and orders issued in the adjudication of cases.
  13. A policy statement or interpretation that has been adopted or issued by an agency.
  14. Administrative staff manuals and instructions to staff that affect a member of the public.
  15. Information regarded as open to the public under an agency's policies.
  16. Information that is in a bill for attorney's fees and that is not privileged under the attorney-client privilege.
  17. Information that is also contained in a public court record.
  18. A settlement agreement to which a governmental body is a party.

Contracts for Lobbying Services

Contracting Information

  1. Information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body;
  2. Solicitation or bid documents relating to a contract with a governmental body;
  3. Communications sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor during the solicitation, evaluation, or negotiation of a contract;
  4. Documents, including bid tabulations, showing the criteria by which a governmental body evaluates each vendor, contractor, potential vender, or potential contractor responding to a solicitation and, if applicable an explanation of why the vendor or contractor was selected; and
  5. Communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.

Gov't Code 552.003(7), 1.0222(a)

Investment Information

Expenditures for a Security System

Security Cameras in Private Offices

Body-Worn Cameras

  1. Was not required to be made under this subchapter or another law or under a policy adopted by the appropriate law enforcement agency; and
  2. Does not relate to a law enforcement purpose.

Section II: Information that is Confidential

Certified Agenda or Recording of a Closed Meeting

Personal Information

Employee / Board Member

  1. A description of the redacted or withheld information;
  2. A citation to Government Code 552.024; and
  3. Instructions regarding how the requestor may seek a decision from the attorney general regarding whether the redacted or withheld information is excepted from required disclosure.

Peace Officers / Security Officers

  1. Chooses to restrict public access to the information; and
  2. Notifies the governmental body of the individual's choice on a form provided by the governmental body, accompanied by evidence of the individual's status.
  1. A description of the redacted or withheld information;
  2. A citation to Government Code 552.024; and
  3. Instructions regarding how the requestor may seek a decision from the attorney general regarding whether the redacted or withheld information is excepted from required disclosure.

Disaster Fund Recovery Recipients

  1. The name, social security number, house number, street name, and telephone number of an individual or household that applies for state or federal disaster recovery funds;
  2. The name, tax identification number, address, and telephone number of a business entity or an owner of a business entity that applies for state or federal disaster recovery funds; and
  3. Any other information the disclosure of which would identify or tend to identify a person or household that applies for state or federal disaster recovery funds.

Gov't Code 552.160

Student Records

Redaction

Exception

Student Record

  1. Information that constitutes education records as that term is defined by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g(a)(4)); or
  2. Information in a record of an applicant for admission to an educational institution, including a transfer applicant.

Protected Health Information

Out-of-State Health-Care Information

Credit Card, Debit Card, Charge Card, and Access Device Numbers

  1. Obtain money, goods, services, or another thing of value; or
  2. Initiate a transfer of funds other than a transfer originated solely by paper instrument.
  1. A description of the redacted or withheld information;
  2. A citation to Government Code 552.024; and
  3. Instructions regarding how the requestor may seek a decision from the attorney general regarding whether the redacted or withheld information is excepted from required disclosure.

Confidential Investment Information

Email Addresses

Confidential

Exceptions
  1. Provided to a governmental body by a person who has a contractual relationship with the governmental body or by the contractor's agent;
  2. Provided to a governmental body by a vendor who seeks to contract with the governmental body or by the vendor's agent;
  3. Contained in a response to a request for bids or proposals, contained in a response to similar invitations soliciting offers or information relating to a potential contract, or provided to the governmental body in the course of negotiating the terms of a contract or potential contract;
  4. Provided to the governmental body on a letterhead, coversheet, printed document, or other document made available to the public; or
  5. Provided to a governmental body for the purpose of providing public comment on or receiving notices related to an application for a license or receiving orders or decisions from a governmental body. "License" includes the whole or part of a state agency permit, certificate, approval, registration, or similar form of permission required by law.

Participant in Address Confidentiality Program

Victims of Certain Crimes

  1. The date the crime was committed;
  2. The date employment begins; or
  3. The date the governmental body develops the form and provides it to employees.

Victim Impact Statement

  1. The name, social security number, address, and telephone number of a crime victim; and
  2. Any other information the disclosure of which would identify or tend to identify the crime victim.

Library Records

  1. Because the library or library system determines that disclosure is reasonably necessary for the operation of the library or library system and the record is not confidential under other state or federal law;
  2. Under Government Code 552.023; or
  3. To a law enforcement agency or prosecutor under a court order or subpoena obtained after a showing to a district court that disclosure of the record is necessary to protect the public safety or the record is evidence of an offense or constitutes evidence that a particular person committed an offense.

Certain Products, Devices, and Processes

  1. All information relating to a product, device, or process, the application or use of such a product, device, or process, and all technological and scientific information (including computer programs) developed in whole or in part at a state institution of higher education, regardless of whether patentable or capable of being registered under copyright or trademark laws, that have a potential for being sold, traded, or licensed for a fee.
  2. Any information relating to a product, device, or process, the application or use of such product, device, or process, and any technological and scientific information (including computer programs) that is the proprietary information of a person, partnership, corporation, or federal agency that has been disclosed to an institution of higher education solely for the purposes of a written research contract or grant that contains a provision prohibiting the institution of higher education from disclosing such proprietary information to third persons or parties.

Research

Research and Development Facility

Compliance Investigations

  1. Information that directly or indirectly reveals the identity of an individual who made a report to the compliance program office of an institution of higher education, sought guidance from the office, or participated in an investigation conducted under the compliance program; and
  2. Information that directly or indirectly reveals the identity of an individual as a person who is alleged to have or may have planned, initiated, or participated in activities that are the subject of a report made to the compliance program office of an institution of higher education if, after completing an investigation, the office determines the report to be unsubstantiated or without merit.

Exceptions

  1. A law enforcement agency or prosecutor;
  2. A governmental agency responsible for investigating the matter that is the subject of a compliance report, including the Texas Workforce Commission civil rights division or the federal Equal Employment Opportunity Commission; or
  3. An officer or employee of an institution of higher education or compliance officer who is responsible under institutional policy for a compliance program investigation or for reviewing a compliance program investigation.

Computer Network Security

  1. A computer network vulnerability report;
  2. Any other assessment of the extent to which data processing operations, a computer, a computer program, network, system, system interface, or software of a governmental body or of a contractor of a governmental body is vulnerable to unauthorized access or harm, including an assessment of the extent to which the governmental body's or contractor's electronically stored information containing sensitive or critical information is vulnerable to alteration, damage, erasure or inappropriate use;
  3. A photocopy or other copy of an identification badge issued to an official or employee of a governmental body; and
  4. Information directly arising from a governmental body's routine efforts to prevent, detect, investigate, or mitigate a computer security incident, including information contained in or derived from an information security log.

Security System Specifications, Operations, and Locations

Emergency Alert System

Sensitive Crime Scene Image

Military Discharge Records

Retirement System Information

Election Judge or Clerk Information

Exception

  1. Any entity eligible to submit lists of election judges or clerks for that election; or
  2. The state executive committee of a political party with a county chair eligible to submit lists of election judges or clerks for that election.

Section III: Information Excepted from Public Disclosure

Confidential Information

Personnel File

Substantial Threat of Physical Harm

Litigation

Competition or Bidding

Exception for Entertainment Events

Location or Price of Property

Drafts and Working Papers

Legal Matters

Law Enforcement Information

  1. Release of the information would interfere with the detection, investigation, or prosecution of crime;
  2. It is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication; or
  3. It is information relating to a threat against a peace officer collected or disseminated under Government Code 411.048.
  1. Release of the internal record or notation would interfere with law enforcement or prosecution; or
  2. The internal record or notation relates to law enforcement only in relation to an investigation that did not result in conviction or deferred adjudication.

Private Correspondence and Communications

Contracting Information

Trade Secrets

Proprietary Information

Commercial or Financial Information

Exception

  1. A contract described by Government Code 2261.253(a), excluding any information that was properly redacted under Section 2261.253(e);
  2. A contract described by Government Code 322.020(c), excluding any information that was properly redacted under Section 322.020(d);
  3. The following contract or offer terms or their functional equivalent:
    1. Any term describing the overall or total price the governmental body will or could potentially pay, including overall or total value, maximum liability, and final price;
    2. A description of the items or services to be delivered with the total price for each if a total price is identified for the item or service in the contract;
    3. The delivery and service deadlines;
    4. The remedies for breach of contract;
    5. The identity of all parties to the contract;
    6. The identity of all subcontractors in a contract;
    7. The affiliate overall or total pricing for a vendor, contractor, potential vendor, or potential contractor;
    8. The execution dates;
    9. The effective dates; and
    10. The contract duration terms, including any extension options; or
  4. Information indicating whether a vendor, contractor, potential vendor, or potential contractor performed its duties under a contract, including information regarding a breach of contract, a contract variance or exception, a remedial action, an amendment to a contract, any assessed or paid liquidated damages, a key measures report, a progress report, and a final payment checklist.

Agency Memoranda

Audit Working Paper

Contact Information

  1. A current or former official or employee of a governmental body, except as otherwise provided by Government Code 552.024.
  2. A peace officer as defined by Code of Criminal Procedure 2.12, regardless of whether the officer complies with Government Code 552.024 or 552.1175, as applicable.
  3. A commissioned security officer as defined by Occupations Code 1702.002, regardless of whether the officer complies with Sections 552.024 or 552.1175, as applicable.
  4. Other officials listed under Government Code 552.117.

Photographs of Peace Officers

  1. The officer is under indictment or charged with an offense by information;
  2. The officer is a party in a civil service hearing or a case in arbitration; or
  3. The photograph is introduced as evidence in a judicial proceeding.

Test Items

Rare Books and Original Manuscripts

Documents Held for Historical Research

Chief Executive Officer Applicants

Motor Vehicle Record Information

  1. A motor vehicle operator's or driver's license or permit issued by an agency of this state or another state or country;
  2. A motor vehicle title or registration issued by an agency of this state or another state or country; or
  3. A personal identification document issued by an agency of this state, or another state or country or a local agency authorized to issue an identification document.

Commercial Book or Publication

Social Security Numbers

Donor Information

Safety and Security Audit

Multihazard Emergency Operations Plan Exception

  1. Verify that the district has established a plan and determine the agencies involved in the development of the plan and the agencies coordinating with the district to respond to an emergency, including the Texas Department of State Health Services, local emergency services agencies, law enforcement agencies, health departments, and fire departments;
  2. Verify that the district's plan was reviewed within the last 12 months and determine the specific review dates;
  3. Verify that the plan addresses the four phases of emergency management under Education Code 37.108(a);
  4. Verify that district employees have been trained to respond to an emergency and determine the types of training, the number of employees trained, and the person conducting the training;
  5. Verify that each campus in the district has conducted mandatory emergency drills and exercises in accordance with the plan and determine the frequency of the drills;
  6. Verify that the district has completed a safety and security audit under Education Code 37.108(b) and determine the date the audit was conducted, the person conducting the audit, and the date the district presented the results of the audit to the district's board of trustees; and
  7. Verify that the district has addressed any recommendations by the board for improvement of the plan and determine the district's progress within the last 12 months.

Cybersecurity Information

  1. Deemed voluntarily shared information and exempt from disclosure under federal public information law and any state or local provision of law requiring disclosure of information or records; and
  2. Withheld, without discretion, from the public under federal public information law and any state or local provision of law requiring disclosure of information or records.

Vernon College

GCA(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/5/2019