Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas JIM MATTOX December 28, 1984 : ttornsy General 9~1pr.m.CourtSuildin9 Mr. Bill Rale Opinion No. JM-275 : o.eox12545 gxccutive Director ,stin. TX. 78711-2546 Texas Commission on Buman Rights Re: Whether the confidentiality 512l475.2501 P. 0. Box 13493. Capitol Station provisions of article 5221k, Tax 91aS?C13S? Austin, Texas 78711 V.T.C.S., apply to local human Iscopiar 51214750296 relations commissions 714 Jackson. Suite 700 Dear Mr. Ralc: ~llas. TX. 75202.45W , u74M944 Article 5221k. ‘I..T.C.S.. authorizes referral actions between the Texas Cmission on Human Rights and local human rights commissions 24 Alberta Ave., Suite 150 with regard to certain employment discrimination complaints. See Paso. TX. ?9905.2?93 64.01 et seq. In light of this unique state-local working relati= 915/533-3464 ship, you ask whether the act’s confidentiality provision applies to complaints referred by the state commission to local commissions. ~.. Tems, sulie 700 Houston. TX. ??002-3111 The confidentiality provision of article 5221k protects certain ~‘Y223a.56 complaint-related information which the Texas Open Records Act, V.T.C.S. art. 6252-17a. might otherwise require be disclosed. This provision, section 8.02(a). provides that 606 Broadway. Suite 312 ’‘IbbCCk, TX. 79401-3479 6’747.5235 [aln officw: or employee of the commission may not make publi,: any information obtained by the commission under its authority under Section 6.01 009 N. Tenth, Suits 8 cAllen. TX. 70501.1555 of this Act except as necessary to the conduct of a552.4547 a proceedi:iS under this Act. The Open Records Act recognizes statutory confidentiality m MaIn Ptua. Suite 400 provisions such as ,rection 8.02(a) as exceptions to required public .” Antonlo. TX. 782052797 5121225.4191 disclosure. V.T.C.!;., art. 6252-17a, 13(a) (1). Consequently, when information which frdls within section 8.02(a) is held by the state cosssisslon. it may r.ct be disclosed. Section 8.02(a) prohibits “[aIn n Equal Opportunilyl officer or employee of the commission” from disclosing certain Alflrmative Acllon Employer information. “Coami:ssion” in article 5221k refers to the Texas Cmisslon on Aumaa Rights. See 12.01(2) ; compare 12.01(9). The provision does not apply directlyto local commissions. Nevertheless, you ask whether thls information retains its confidential character when it is transi’erred from the state conrmission to a local commission. p. 1222 Mr. gill gale - Page 2 (J&275) A preliminary clarification of the kind of local action in question is necessary. Arti,cle 5221k providea for two distinct methods that political subdivi``!lons may employ to promote freedom from employment discrimination. Al:l:orttey General Opinion JM-228 (1984). Section 4.01 of the act authorizes the adoption and enforcement of local ordinances that prohibit practices designated as unlawful under article 5221k or under other laws. This type of local action does not involve a system of referralli from the state commission. Any pro- tection from disclosure of Information related to employment dis- crimination complaints which are made solely pursuant to local ordinances must stem from the exceptions found within the Texas Open Records Act. See V.T.C.S. art. 6252-17a, 13; see (including common-law and constitutional -a’ ::I:; I:; (informatlon relating to litig,rrion). The second type of local. action provided for in article 5221k involves referrals from the state comlssion. See 5$4.03(5), 4,04(a). These actions are guided by article 522lkyather. than by the provisions of a local ordinance. See a-228 (1984). You suggest that section 8.02(a) protects inf.omxon transferred from the state commission to local commissions in these referral actions. We agree with your sugglrstion that, because of the authorized state-local interaction, the state-level protection of section 8.02 is not lost when protected infcrmatlon is transferred from the state codsalon to a local commission pursuant to sections 4.03 and 4.04 of article 5221k. This conclusion results from the express authorization for such referrals and from the continuing supervision the state commission exercises over the referred complaints. See 54.04(b). Numerous attorney general opinions indicate that -&f idential information may be transferred from one state agency to another state agency without destroying the confidential character of the information. See, e.g., Attorney General Opinions H-917 (1976); H-242 (1974). Similarly, confident:ial information may be disclosabI,e to county and municipal governments vhen they act as quasi-agencies of the state. Attorney General Cpinion H-636 (1976). Nevertheless, the protection of article 5221k from public disclosure extends only to the! Information covered by section 8.02(a). Section 8.02(a) grants confiden.tial status , except as necessary to the conduct of a proceeding under article 5221k. to “any information obtained by the cosm&rsion under its authority under Section 6.01 of this Act. . . .‘I The confidentiality of other information would depend upon specific provisionc; of the Open Records Act. Section 6.01 deals with state commission actions to encourage voluntary resolution of complaints. Persons who have initiated actions in court or who have actions pending before an administrative agency may not file a complaint with respect to the same grievance under section 6.01. p. 1223 Hr. Bill gals - Pags 3 (JH-27!i) Consequently, the ecope of the confidentiality protection of section 8.02(a) is limited. Information regarding employment discrimination compl``;;l;hich is protected by section 8.02(a) of 5221k retains it8 confidential character when it is transferred from the Texas C&ssion on Euman Rights to a local humsn rights conmission pursuant to section 4.04 of article 5221k. JIqJdck Attorney General of Texas TOM GRBRN First Assistant Attorney Generr:l DAVID R. RICRARDS Executive Assistant Attorney General RIClt GILPIN Chairman, Opinion Cmittee Prepared by Jennifer Riggs Assistant Attorney General APPROVED: OPINIONCOWnITTEE Rick Gilpin, Chairman Colin Carl Susan Garrison Tony Guillory Jim Moellinger Jennifer Riggs Nancy Sutton p. 1224