Emails and Email Addresses Under Open Government Laws

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William D. Dugat III Bickerstaff Heath Delgado Acosta LLP 3711 S. MoPac Expressway Building One, Suite 300 Austin, TX 78746 512-472-8021 Texas Groundwater Summit San Marcos, Texas August 23-25, 2016 1 E-MAILS AND E-MAIL ADDRESSES UNDER OPEN GOVERNMENT LAWS
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Transcript of Emails and Email Addresses Under Open Government Laws

Page 1: Emails and Email Addresses Under Open Government Laws

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

Page 2: Emails and Email 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!

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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

Page 9: Emails and Email Addresses Under Open Government Laws

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