MIKE LEASOR 302 W.

BROAD STREET
SHAREHOLDER MANSFIELD, TEXAS 76063
682.422.0009
DIRECT 682.422.0018 FAX 682.422.0008
MIKE@LEASORCRASS.COM WWW.LEASORCRASS.COM

August 1, 2018

Via Certified Mail, RRR: 7013 1710 0000 7899 5727

Office of the Attorney General
Open Records Division
P.O. Box 12548
Austin, TX 78711

Re: Public Information Act request for Ruling

Requester: Susan Read
Responder: Grand Prairie ISD

Dear Sir or Madam:

On July 24, 2018, I sent a letter to your office giving notice that the Grand Prairie Independent School
District (“District”) seeks an opinion from the Attorney General regarding whether the District may
withhold certain information requested pursuant to the Public Information Act. The District seeks to
withhold the requested information, pursuant to Texas Government Code § 552.101, 552.107, 552.111,
and 552.116. This letter provides further information for your consideration.1

Exhibits

The following exhibits are attached in support of this request:

Exhibit “A” Request from Susan Read received by the District (the “Request”); and

Exhibit “B” Open Records Ruling OR2018-15976.

Exhibit “C” Information responsive to the request.

Any responsive documents not at issue in this request for a ruling will be made available to the requestor.
If any responsive documents being produced to the requestor or provided to the Office of the Attorney
General for a ruling are protected by the Family Educational Rights and Privacy Act of 1974 (“FERPA”),
those documents will be withheld or, as appropriate, redacted in the documents provided.

Receipt of the Request

1
In accordance with Texas Government Code § 552.301(e-1), a copy of this letter will be provided to the requestor, redacted
to the extent necessary to avoid disclosing the substance of the information requested.
August 1, 2018
Page 2

Pursuant to Texas Government Code Section 552.301(e), not later than the fifteenth business day after
receipt of the Request, the District will submit to the Attorney General (1) written comments stating the
reasons why the stated exceptions apply, and (2) labeled copies of the specific information requested
that the District seeks to withhold. District offices are closed on weekends. Open Records Letter Ruling
OR2005-02099 states that the Attorney General’s office “does not count any holidays, including
skeleton crew days observed by a governmental body, as business days for the purpose of calculating a
governmental body’s deadline under the Public Information Act.” The District was closed on weekends
and on the following Fridays: July 13; July 20; and July 27, 2018. Additionally, the District was closed
July 2 through July 6, 2018. Accordingly, the District asserts that this request for an open records ruling
is being timely filed pursuant to Texas Government Code § 552.301. Thus, the District respectfully
requests that the office of the Attorney General advise the District on the District’s duty to release any
of the documents or portions of documents so submitted.

The Request

The request, Exhibit “A”, seeks the following:

I would like to request the recently released 40-page Financial Audit in its entirety. I
have reviewed the 10-page portion that was released to the public and I would now like
to receive the complete audit.

Applicable Exceptions and Legal Authority

§552.101, §552.107 Certain Legal Matters and Texas Rule of Evidence 503 Lawyer-Client
Privilege

The District requests that the documents in Exhibit “C” be excepted in their entirety from disclosure
because they are protected by the attorney-client privilege pursuant to §§ 552.101 (Information
Confidential by Law) and 552.107 (Certain Legal Matters). Section 552.022 incorporates the attorney-
client privilege as an exception to disclosure, and the requested information is privileged under Texas
Rule of Evidence 503. In a previous decision, OR2018-15976, attached as Exhibit “B”, your office
ruled that the report portion of Exhibit “C” may be withheld under Texas Government Code §§ 552.101
and 552.107 in combination with Texas Rule of Evidence 503. The exhibits included in Exhibit “C”
were not at issue in the previous ruling. Due to the fact that OR2018-15976 stated that it must not be
relied upon as a previous determination, the District presents its arguments again pursuant to these
statutes.

“A governmental body has as much right as a private individual to consult with its attorney without
risking the disclosure of communications protected by the attorney client privilege.” Open Records
Decision No. 676 at 5 (2002), Markowski v. City of Marlin, 940 SW 2d 720,726 (Tex. App. – Waco
1997, writ denied); see, also, Tex. R. Evid. 503(a) (1) (public or private entities considered a client for
purposes of application of attorney client privilege). “Texas Courts protects from discovery under Rule
503 the entirety of a communication that is confidential under the rule.” Open Records Decision No.
676 at 5; see, e.g., Huie v. DeShazo, 922 S.W.2d 920, 923 (Tex.1996) (privilege extends to entire
communication, including factual information), In re Bloomfield Mfg. Co., 977 S.W.2d 389, 392 (Tex.
August 1, 2018
Page 3

App. – San Antonio 1998, orig. proceeding), Osborne v. Johnson, 954 S.W.2d 180, 190 (Tex. App. –
Waco 1997, orig. proceeding) (if documents contain information that is discoverable together with
privileged information, the entire document is protected by the privilege). In Open Records Decision
No. 676, the Attorney General found that the aforementioned cases generally apply to the scope of
§552.107(1)’s protection. See also, Harlandale Independent School District v. Cornyn, 25 S.W. 3d 328
(Tex. App. – Austin 2000, pet. denied). Thus, the Attorney General has found that 552.107(1) generally
excepts “an entire communication that is demonstrated to be protected by the attorney-client privilege
as defined in Texas Rule of Evidence 503.” Open Records Decision 676 at 5.

Texas Rule of Evidence 503(b)(1) states that “[a] client has a privilege to refuse to disclose and to
prevent any other person from disclosing confidential communications made for the purpose of
facilitating the rendition of professional legal services to the client…” between or among certain persons.
Tex. R. Evid. §503(b)(1). “The privilege applies only to information that is communicated.” Open
Records Decision 676 at 7, Rule 503(a)(5), (b)(1). The attorney-client privilege ensures the free flow
of information between attorney and client by assuring that the communication will not later be
disclosed. Republic Ins. Co. v. Davis, 856 S.W.2d 158, 160 (Tex.1993); West v. Solito, 563 S.W.2d 240,
245 (Tex.1978). Confidential communications promote effective legal services, which promote the
broader societal interest of the effective administration of justice. Davis, 856 S.W.2d at 160; Upjohn
Co. v. United States, 449 U.S. 383, 389, 101 S.Ct. 677, 682, 66 L.Ed.2d 584 (1981).

Thus,
the District requests that Exhibit “C” be withheld in its entirety.

§552.111: Agency Memorandum and Texas Rule of Civil Procedure 192.5

Additionally and alternatively, Exhibit “C” is excepted from disclosure as an agency memorandum.
Texas Government Code §552.111 excepts from disclosure an “interagency or intra-agency
memorandum or letter that would not be available by law to a party in litigation with the agency.” This
exception extends to the deliberative process privilege, which protects advice, opinion, and
recommendation in the decision process and to encourage frank, open discussion in the deliberative
process. See Austin v. City of San Antonio, 630 S.W.2d 391, 394 (Tex. App.—San Antonio 1982, writ
ref’d n.r.e.). Further, an agency’s policymaking functions include administrative and personnel matters
of broad scope that affect the governmental body’s policy mission. See Open Records Decision No. 631
at 3 (1995).
August 1, 2018
Page 4

Therefore, the District requests that Exhibit “C” be withheld in its entirety.

§ 552.116: Audit Working Papers

The District argues that the document labeled as Exhibit “C” is protected by Section 552.116. Section
552.116 protects from public disclosure certain audit working papers, including audit working papers of
a school district. Audit working papers include all information prepared or maintained in conducting an
audit or preparing an audit report including intra-agency or interagency communication and drafts of
audit reports. Gov’t Code §552.116(b).

Thus, the District requests that Exhibit “C” be withheld in its

entirety.

Conclusion

For the reasons stated herein, the District contends that it is entitled to withhold Exhibit “C”, pursuant
to the authorities cited herein. The District respectfully requests that your office issue an opinion
regarding the application of these exceptions to the document requested. Thank you for your attention
to this matter.

Sincerely,

Mike Leasor

cc: Susan Read (via email w/o attachments)

Sam Buchmeyer (via email w/o attachments)
Tom Dyer (via email w/o attachments)

2
See Open Records Decision No. 615 at 4-5 (1993).