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John Cornyn

August 27, 1999

Ms. Tracy A. Pounders
Assistant City Attorney
City of Dallas
City Hall
Dallas, Texas 75201


Dear Ms. Pounders:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 127328.

The City of Dallas (the "city") received a request for a transcript of the civil service hearing pertaining to Juanita Carter. You assert that the requested transcript from the executive session is exempt from disclosure under section 551.104(c) of the Government Code.

Section 552.101 of the Government Code excepts from disclosure information deemed confidential by law. Section 551.104(c) of the Government Code provides that "[t]he certified agenda or tape of a closed meeting is available for public inspection and copying only under a court order issued under Subsection (b)(3)." (Emphasis added.) Thus, such information cannot be released to a member of the public in response to an open records request. See Open Records Decision No. 495 (1988). You state that most of the hearing, which pertained to a personnel matter, was held in executive session pursuant to section 551.074, and that a tape recording of the session was made pursuant to section 551.103. You must release the transcript of the public portion of the hearing. Assuming the remainder of the transcript is from the tape recording of the executive session, the city must withhold the remainder of the requested transcript from public disclosure under section 552.101 of the Government Code in conjunction with section 551.104(c) of the Government Code.

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts

presented to us in this request and should not be relied on as a previous determination regarding any other records. If you have any questions regarding this ruling, please contact our office.


Yen-Ha Le
Assistant Attorney General
Open Records Division


Ref.: ID# 127328

cc: Mr. Todd Comitini
Texas Public Workers Association
P.O. Box 300471
Arlington, Texas 76006


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