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Attorney General Ruling on the Release of PEDC Report Agrees with City

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attorney generaleParisExtra.com received a letter today from the office of Greg Abbott, Attorney General of Texas, regarding a public information request to release the report from Defenbaugh & Associates on the Forensic Audit of the Paris Economic Development Corporation (PEDC).

The letter was addressed to the Assistant City Attorney,  Stephanie H. Harris (eparisextra.com was cc’d on the letter as one of the requestors) in response to her request on a ruling whether certain information in the report was required to public disclosure under the Public Information Act, chapter 552 of the Government Code.

Ms. Harris had claimed in her request for a ruling from the Attorney General, that the submitted information is excepted from disclosure under sections 552.116 and 552.136 of the Government Code.

The Attorney General’s office in their letter today said that had considered the exceptions claimed by Ms. Harris and had reviewed the submitted information.

Section 552.116  deals with withholding audit working papers, which are excepted from required public disclosure.

In her August 11th letter, Ms. Harris wrote,  “Thus, by Mr. Defenbaugh’s declaration the 7/28 report is not a final report for the purposes of Texas Government Code Sec. 552.022(a)(1) but is, rather, comprised of “audit working papers” as defined by Sec. 552.116. Consequently, the City is seeking to withhold these materials in their entirety.  The requested materialsl are “Audit Working Papers” and are excepted from the disclosure under Tex. Government Code Sec. 552.116.”

In their letter, the Attorney General wrote, “Based on your representations and our review, we agree the information at issue constitutes audit working papers. Therefore, the city may withhold the submitted information under section 552.116 of the Government Code.”

A footnote to the ruling states, “As our ruling is dispositive, we need not address your remaining argument against disclosure.”


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