A Travis County district judge has ruled that a Bexar County commissioner must release e-mail messages about county business from his private e-mail account. The court ruling confirms a 2010 AG Opinion that e-mails concerning public business from private accounts are not exempt from the Texas Public Information Act. Bexar County Commissioner Tommy Adkisson has stated that he will appeal the adverse ruling.
This decision provides another warning to county officials concerning the use of social media. This controversy centers around the proper construction of the definition of “public information” as “information that is collected, assembled, or maintained under a law or ordinance, or in connection with the transaction of official business: (1) by a governmental body; or (2) for a governmental body and the governmental body owns the information or has a right of access to it.” Section 552.002(a), Government Code. The attorney general and Hearst Newspapers urge that the content of the e-mails (related to transportation projects) connect them with the transaction of public business. Commissioner Adkisson argues that since the county does not have access to his personal e-mails, they are not subject to the Act.
An appellate court decision will provide some needed guidance in this area. Of course, the Texas Legislature will also have another opportunity to revise the definition of public information during the next session. In the meantime, it remains prudent advice to consider all communications, whether by e-mail, Facebook, text, or notes passed by carrier pigeon, to be potentially subject to public disclosure.
