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 Fulshear
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article VII. RECORDS MANAGEMENT

  § 2-580. Attorney general opinions.  

Latest version.

  • (a)

    If the city receives a written request for information which it considers within one of the exceptions stated in section 2-575, but there have been no previous determination that it falls within one of the exceptions, the governmental body within a reasonable time, but not later than the tenth business day after the date of receiving a written request must request a decision from the attorney general to determine whether the information is within that exception. If a decision is not so requested, the information shall be presumed to be public information.

    (b)

    The attorney general shall forthwith render a decision, consistent with standards of due process, to determine whether the requested information is a public record or within one of the above stated exceptions. The specific information requested shall be supplied to the attorney general but shall not be disclosed to the public or the requesting party until a final determination has been may by the attorney general or, if suit is filed under the provisions of the law, until a final decision has been made by the court with jurisdiction over the suit. In a suit filed under the Open Records Act, the court may order that the information at issue be discovered only pursuant to a protective order until a final determination is made. If the city wishes to withhold information, it must submit written comments setting forth the reasons why the information should be withheld. Any member of the public may submit written comments setting forth the reasons why the information should or should not be released. The attorney general shall issue a written opinion based upon the determination made on the request.

    (c)

    In cases in which a third party's privacy or property interests may be implicated, including, but not limited to, subdivisions (1), (4), (10), and (14) of subsection (a) of section 3 of the Open Records Act, the city may decline to release the information in order to request an attorney general opinion. A person whose interests may be implicated or any other person may submit in writing to the attorney general the person's reasons for withholding or releasing the information. In such cases, the city may, but is not required to, submit its reasons why the information should or should not be withheld.

(Ord. No. 91-791, § 36, 1-17-1991)