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TX: Government contractors resist public records law with lawsuits

By   /   November 27, 2012  /   News  /   No Comments

By Mark Lisheron | Texas Watchdog

PUBLIC RECORDS: Contractors seeking to shield information from competitors often file suit to withhold records, an open government attorney told state lawmakers Monday.

AUSTIN — People who work for your government and deal with your government would rather you didn’t know so much about your government. And they would like the law to reflect that view.

Don’t take our word for it. As many as half of the lawsuits filed with the Attorney General’s office come from government contractors who want to skirt the Texas Public Information Act, Amanda Crawford, the assistant attorney general for open records, told a Senate Committee on Open Government hearing Monday, the Associated Press reports.

As we have been reporting for more than a year, the Austin American-Statesman has been fighting in court to determine exactly the taxpayers’ involvement in a recently staged Formula 1 race outside of Austin.

Circuit of the Americas, the company that made agreements with the state, Travis County and Austin to build its grand prix race track, has argued disclosing details of those agreements would compromise it in the marketplace.

Crawford told two-fifths of the committee (Chairman Rodney Ellis, D-Houston, and vice-chairman Wendy Davis, D-Fort Worth, were there. Kevin Eltife, R-Tyler and outgoing Sens. Florence Shapiro and Jeff Wentworth were not.) what she regularly sees are contracts drawn with government entities who are allowed very little access to the contractual fine points.

If your elected officials don’t know what is going on, what are the odds that you will?

The committee leaders also heard from the staff members from cities pestered by what they refer to as frivolous open-records requests. Camila Kunau, an assistant city attorney for San Antonio, asked that state law be changed to allow the city to charge more for those kinds of requests.

Kunau did not offer at the hearing to help lawmakers define what, exactly, would be a frivolous open-records request.

And, speaking of frivolous, there is the reflexive response of some local officials to being asked to abide by the Public Information Act and its companion, the Texas Open Meetings Act — going to court on the taxpayer’s cuff.

Crawford told the committee that the city of Lubbock and a commissioner in Bexar County are fighting to keep e-mails about public business private because they were sent on a private account.

City officials known as the “Furtive Fifteen” have taken their challenge to the Open Meetings Act to the Supreme Court, after having lost in every Texas court that would have them.

And taxpayers in Austin still are watching the legal meter run after Travis County attorneys ran up a legal bill of nearly $350,000 trying to determine whether Austin city officials violated the Open Meetings Act nearly two years ago.

Terri Burke and Russell Coleman, speaking on behalf of the Freedom of Information Foundation of Texas, reminded the committee the reason the public information laws in Texas exist is not to make life less burdensome for elected officials but to give the public information.

If the laws need to be changed, Burke told the committee, they need to be made clearer to those officials who are unsure.

Contact Mark Lisheron at [email protected] or 512-299-2318 or on Twitter at @marktxwatchdog.