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August 30, 1999

Ms. Judy Ponder
General Counsel
General Services Commission
P.O. Box 13047
Austin, Texas 78711-3047

OR99-2434

Dear Ms. Ponder:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 128478.

The General Services Commission received a request for the following information with respect to state employees issued American Express Cards by the state: 1) individual name; 2) state agency name; 3) address, city/state/ zip; 4) telephone number; 5) fax number; and 6) Email address. You argue that some of the requested information must be withheld under section 552.117 of the Government Code.

Sections 552.024 and 552.117 provide that a public employee or official can opt to keep private his or her home address, home telephone number, social security number, or information that reveals that the individual has family members. Governmental bodies must withhold this information if, as of the time of a request for the information, the employee had elected to keep the information private. Such information pertaining to peace officers, security officers commissioned under section 51.212 of the Education Code, and employees of the Texas Department of Criminal Justice must be withheld even if these individuals have not made the election under section 552.024 to keep the information private. Open Records Decision Nos. 530 (1989), 482 (1987), 455 (1987).

You appear to construe the request here as seeking state employee's home mailing addresses, telephone numbers, fax numbers, and Email addresses, which information, you say, is provided by employees when applying for the credit cards in question. We agree that to the extent employees home mailing addresses, telephone numbers, fax numbers, and Email addresses are responsive to the request, such information must be withheld in accordance with the above discussion. Please note, however, that section 552.117 does not protect employees' work addresses, telephone numbers, fax numbers and E-mail addresses.

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 upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Sincerely,

William Walker
Assistant Attorney General
Open Records Division

WMW/ch

Ref: ID# 128478

cc: Mr. Alex Solorzano
Embassy Suites Hotel
9090 Southwest Freeway
Houston, Texas 77074


 

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