If a request for information implicates a third party’s interests, the governmental body needs to inform the third party. Section 552.305 of the Government Code details everything needed in the notice to the third party. Also, at the same time, the governmental body needs to request a ruling from the Open Records Division (ORD).

When the governmental body requests a ruling, it gives the third party a chance to make arguments to withhold information.

Do not send a representative sample of the third party’s information. Send the information in its entirety. If the third party makes arguments for information the governmental body did not send us, the ORD cannot rule on it.

If the governmental body has an interest in withholding the information, it may also make arguments on its own behalf.

Download a .305 Notice here