District retracts redacted public information

The district legal services department failed to comply with a request for public information under the Texas Public Information Act April 28 but quickly corrected the error and attributed it to an "overzealous" staff.

The Ranger e-mailed a request for the minutes of the 6 p.m. Sept. 27, 2006, meeting of the Alamo Community College District board of trustees. The document was requested at 5:02 p.m. April 27.

Minutes of the meetings of public governing bodies, which include district trustees, are public information, according to Government Code Section 551.022, which states, "The minutes and tape recordings of an open meeting are public records and shall be available for public inspection and copying on request to the governmental body's chief administrative officer or the officer's designee."

At 3:06 p.m. April 28, legal services faxed a copy of the minutes that redacted the action taken after an executive session.

Texas Government Code Section 551.074 states that the trustees can hold an executive session to discuss the appointment, employment evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee.

But according to Texas Government Code Section 551.102, any final action must be taken in open session.

The information redacted was information made public by law.

However, 34 minutes later at 3:40 p.m., the legal services department faxed an intact version of the minutes.

The redacted information was a motion by District 8 trustee Gary Beitzel and seconded by District 6 trustee Dr. Gene Sprague to approve Chancellor Bruce Leslie's original contract.

The board voted 7-0 to approve it. District 3 trustee Jennifer Ramos and District 4 trustee Marcelo Casillas were absent.

Erik Dahler, district general counsel, agreed April 29 during a telephone interview that his department erred in redacting minutes from a public meeting.

He said he noticed the redacted document that was sent and asked his staff to resend the minutes in their original form.

Dahler explained that while he doesn't mind the legal staff being conservative, sometimes "we're a little overzealous."

He said the legal staff tries to turn around requests quickly to comply with Section 552.221 of the state's public information act.

"An officer for public information of a governmental body shall promptly produce public information," the section stipulates.

Further, the subsection defines "promptly" to mean as soon as possible under the circumstances, that is, within a reasonable time, without delay.

In Texas, the agency has a maximum of 10 business days to provide the documents if they have to compile the documents.

Readers can find the state's public information act made easy on the Attorney General's Web site or at www.oag.state.tx.us/AG_Publications/pdfs/2006pia_easy.pdf.

While the district posts minutes of regular board meetings on its website, minutes from special meetings are not posted. Videos of special meetings are available on the website.