LUBBOCK: Pratt on Texas has obtained copies of an official letter, dated 18 December 2007, from the Office of Texas Attorney General to the City of Lubbock in which all claims of confidentiality related to certain insurance records have been denied.

Clearly rejecting all of the City of Lubbock's claims of confidentiality, the ruling from the A.G. details that the City of Lubbock may not ask for a reconsideration of the ruling and must immediately release the records requested or file suit to challenge the ruling in Travis County.

According to the document, an open records request was made to the City of Lubbock requesting that the City provide detailed information to justify the public assertion, made by mayor David Miller, that the City had achieved a savings of more than $4 million in health insurance claims as a result of its switch of health benefit plan administrators.

Instead of providing information to justify the claim of massive savings, the City attempted to keep secret data related to the performance of its new health benefit plan administrator, Blue Cross Blue Shield.

In the ruling, the City of Lubbock was hammered on every issue and justification it provided to the A.G. in the City's attempt to justify withholding information. In one paragraph the A.G. reaffirms to the City that "...the Act is a mandate in Texas law that compels Texas governmental bodies to disclose information to the public."

In another section, the A.G. points out that Federal privacy rules relate to actual medical records between a patient and physician, not to "printouts regarding the city's medical insurance coverage." The A.G. writes about such data that "they are not medical records."

Another specious claim by the City of Lubbock had the City claiming a right to non-disclosure due to a specific section of the Health Insurance Portability and Accountability Act and Privacy Standards. The A.G. points out that the section of that Act used as a justification by Lubbock officials "was repealed effective September 1, 2003."

Another of Lubbock's justifications for non-disclosure of public information is that the City is involved in pending litigation related to the matter with ICON Benefit Administrators and American Administrative Group (AAG).

To these points, the A.G. ruling says: "You [City of Lubbock] state that the documents show issues involving the health care contract that is the subject of the litigation. However, you do not explain, nor do the documents reflect, what these issues are or what the submitted documents actually reveal regarding the pending litigation." [Emphasis added.]

The ruling instructs the City of Lubbock to release the documents requested or file suit in Travis County to challenge the ruling.

The City of Lubbock and AAG and ICON Benefit Administrators are currently under a gag-order by state district court related to these matters as litigation moves forward.

A copy of each page of the ruling from the Attorney General is posted below with key sections highlighted for convenience.

Copyright 2008, Robert Pratt, Pratt on Texas, www.prattontexas.com

LUBBOCK: An often heard rumor from City Hall, going back many years, about systematic abuse of compliance with open records requests, was emailed to Pratt on Texas. Subsequently, Pratt on Texas was able to obtain confirmation of the reported conversation between the city attorney, Anita Burgess, and former mayor Marc McDougal from a witness to the event.

This is exact text sent to Pratt on Texas by a listener:

I remember hearing a story (before my time at City), that soon after Marc McDougal was elected mayor that a legal issue came up and that Anita Burgess suggested that, "We should do everything to delay giving the information. We always delay information requests by sending the AG a letter asking that we not have to do so. Then, we just continue to delay as long as possible." I was told Marc's response was, "Hell no, don't do that. We have nothing to hide. Give them the information they're asking for."

Pratt on Texas found and spoke with an eye witness to this reported conversation, who we have agreed to keep anonymous, who was read the above statement and asked if such an exchange could be verified. The witness said: "That's exactly what happened."

In a recent ruling from the Texas Attorney General, the AG specifically reminded City officials "...the Act [Open Records] is a mandate in Texas law that compels Texas governmental bodies to disclose information to the public."

The Act does provide governmental entities with the ability to appeal to the Attorney General when it feels certain information should not be released. However, it is doubtful the Legislature intended for such appeals to be made on a systematic basis by local governments for each request lawfully made.

The conversation, now confirmed by a first-hand witness, demonstrates that it is standard operating procedure, even if unwritten, for the City of Lubbock to purposely delay providing public records upon lawful requests for it so to do. Such behavior is neither in keeping with the spirit of the Open Records Act nor is it sound public policy.

Copyright 2008, Robert Pratt, Pratt on Texas, www.prattontexas.com

LUBBOCK: Both KFYO radio and KLBK television requested various email documents regarding communications between members of the City Council related to the email sent by councilwoman Linda DeLeon in which she copied all members of the council in what could be construed as a violation of Texas Open Meetings laws.

Instead of being forthcoming with these public records, the City of Lubbock withheld these items and attempted to have the Texas Attorney General approve of their abuse of open government.

As you can see from the letter posted below, from the Office of the Texas Attorney General, the City of Lubbock should have turned over the information - especially the information requested by KFYO which is referenced in the first page.

Click on each page for a full sized version:

Another example of open records abuse, read the AG letter here.
 

*Correction to my news release: May 13, 2008

Councilman Todd Klein was not denied access to the information I had requested. On Wednesday, May 7, he asked about the status of my open records request and was told it was still under review. He did not actually ask for it until yesterday, May 12 at 5:05 P.M. I am sorry for any confusion created by my misunderstanding the details.

Mikel Ward
 

Story covers additional withholding of information as well as some follow up to the story immediately above.

City Officials Deny ORR Breach On TxDOT Deal - city comments are BULL, there was a specific fee charged by TxDOT for the cameras.
 

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