"January 20, 2015
"Ms. Elaine Nicholson
"Assistant City Attorney
"Law Department
"City of Austin
"P.O. Box 1088
"Austin, Texas 78767-8828
"(RE:) OR (A TEXAS OPEN RECORDS REQUEST WITH THE IDENTIFICATION NUMBER) 2015-01083
"Dear Ms. Nicholson:
"You ask whether certain information is subject to required public disclosure under the Public Information Act (the 'Act'), chapter 552 of the Government Code. Your request was assigned ID# (identification number) 555727.
"The City of Austin (the 'city') received a request for information regarding a named individual (John Kevin McMillan of northwest Austin) pertaining to a specified date (an approximately three-month total cited time period of late 2014). You claim the submitted information is excepted from disclosure under section 552.107 of the Government Code. We have considered the exception you claim and reviewed the submitted representative sample of information. (Footnote 1)
("(Footnote) 1: We assume the 'representative sample' of records submitted to this office is truly representative of the requested records as a whole. See Open Records Decision Nos. (Numbers) 499 (1988), 497 (1988). This open records letter does not reach, and therefore does not authorize any withholding of any other requested records to the extent that those records contain substantially different types of information than that submitted to this office.)
... "Section 552.107(1) of the Government Code protects information coming within the attorney-client privilege. Gov't Code 552.107(1). When asserting the attorney-client privilege, a governmental body has the burden of providing the necessary facts to demonstrate the elements of the privilege in order to withhold the information at issue....
> ...."Upon review, we find that the city (of Austin, capital city of the U.S. state of Texas) has demonstrated the applicability of the attorney-client privilege to the responsive information. Thus, the city (of Austin) may withhold the responsive information (from the requestor, John Kevin McMillan, and from the general public and from the news media in Austin) under Section 552.107(1) of the Government Code.
...
"Sincerely,
"Britni Fabian
"Assistant Attorney General
"Open Records Division
(Attorney General of Texas state agency in Austin)
"BF/bhf
"Ref: ID# (identification number) 555727
"Enc. Submitted documents
"c: Requestor (no name for the requestor is cited anywhere in official reply letter from the Attorney General of Texas, with the full legal name of that sole and only requestor being John Kevin McMillan---myself---of Austin, Texas)
"(w/o (without) enclosures)"
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