The Maverick Times News has been investigating this very question, especially after the festival resulted in a significant $2.35 million loss for the city. When we requested public information, we were met with partial disclosures and redacted documents. The city cited Texas Government Code Section 552.137, referencing Texas Attorney General Open Records Division No. 684 to justify their redactions. However, our analysis reveals that this justification was misapplied.
Why is the City of Eagle Pass so secretive about the selection process behind the 57 South Music Festival?
READ: Questionable Practices in the 57 South Music Festival Selection Process
Misapplication of Texas Attorney General Open Records Division No. 684
The City of Eagle Pass provided a heavily redacted letter in response to our information request, citing Texas Government Code Section 552.137. The specific AG Order referenced by the city outlines the conditions under which email addresses can be redacted from public disclosure. However, upon closer examination of Texas Attorney General Open Records Division No. 684, it becomes evident that the city’s application of this order was incorrect.
What are they trying to hide?
Key Section of Texas Attorney General Open Records Division No. 684:
Section 552.137 of the Government Code reads as follows: (a) Except as otherwise provided by this section, an e-mail address of a member of the public that is provided for the purpose of communicating electronically with a governmental body is confidential and not subject to disclosure under this chapter. (b) Confidential information described by this section that relates to a member of the public may be disclosed if the member of the public affirmatively consents to its release. (c) Subsection (a) does not apply to an e-mail address:
- provided to a governmental body by a person who has a contractual relationship with the governmental body or by the contractor’s agent;
- provided to a governmental body by a vendor who seeks to contract with the governmental body or by the vendor’s agent;
- contained in a response to a request for bids or proposals, contained in a response to similar invitations soliciting offers or information relating to a potential contract, or provided to a governmental body in the course of negotiating the terms of a contract or potential contract.
You can read Texas Attorney General Open Records Division No. 684 HERE.
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Analysis of the Redacted Letter
The information requested by The Maverick Times News pertains specifically to request for qualifications “scoring/ranking sheets” and other documents directly related to the selection of Just 1 Management LLC for the 57 South Music Festival.
You can read the Redaction Letter HERE.
According to subsection (c)(3) of Texas Attorney General Open Records Division No. 684, email addresses contained in responses to requests for qualifications or similar invitations cannot be redacted. This clause explicitly states that any email address included in a response to an RFQ (Request for Qualifications), or any similar request soliciting offers or information related to a potential contract, is not protected under the confidentiality clause. This means that email addresses found in documents such as proposal scoring sheets, which are used to evaluate qualifications and proposals, should be disclosed in full to ensure transparency in the selection process.
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Why did the City of Eagle Pass redact key information under the pretense that it contained confidential email addresses?
By misapplying Texas Attorney General Open Records Division No. 684, the City of Eagle Pass has not only withheld crucial information but has also potentially violated the transparency and accountability principles mandated by the Local Government Code. The redactions obscure the scoring sheets and related documentation that would provide critical insight into the criteria and rationale used by the selection committee to evaluate the qualifications. The lack of this information prevents the public from understanding the criteria and rationale used in the decision-making process, leading to significant concerns about fairness and integrity.
This misapplication of Texas Attorney General Open Records Division No. 684 by the City of Eagle Pass undermines public trust and raises questions about the city’s adherence to legal standards. The refusal to release full public information, especially when it involves substantial financial decisions and public funds, demands scrutiny and accountability. The residents of Eagle Pass deserve transparency in understanding how their funds are being utilized and why certain vendors were chosen over others.
Isn’t the public entitled to know how decisions affecting millions of dollars are made?
READ: Eagle Pass City Council Reveals Financial Outcome of 57 South Music Festival
The Maverick Times News remains committed to uncovering the facts and ensuring accountability in our community. The misapplication of Texas Attorney General Open Records Division No. 684 by the City of Eagle Pass to justify unnecessary redactions in the 57 South Music Festival’s selection process is a significant concern that needs to be addressed. We call on the city to correct this misapplication, release the unredacted documents, and restore public confidence in their operations.
We urge the public and local officials to demand full transparency in the procurement process and to ensure that all information is disclosed in accordance with legal standards. The integrity of our city’s operations and the trust of its residents depend on it.
READ: New Insights Suggest Eagle Pass Could Have Saved Over $1M by Cancelling 57 South Music Festival
The Maverick Times News will appeal the city’s attempt to hide information with the Texas Attorney General and will not stop until we get to the bottom of this matter for the public.
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