REGE 133 1?1 MAR I?ifi? . RECORDS 01113101,] TEXAS GENERAL LAND OFFICE GEORGE P. BUSH, COMMISSIONER March 14,2017 VIA HAND DELIVERY RECEWED The Honorable Ken Paxton . MAR [1 21117 Attorney General of the State of Texas OPEN Attn: Open Records Division RECORDS DIVISION 209 West 14?? Street Austin, Texas 78701 Re: Public Information Request: Meeting Minutes of the Alamo Complex Management Company in 2016 and 2017 (GLO 17-0295) Dear General Paxton: On February 27, 2017, the Texas General Land Of?ce (the received the above- referenced request from Mr. Brian Rosenthal, of the Houston Chronicle. Mr. Rosenthal requested the following information: All minutes from all meetings of the Alamo Complex Management Company in 2016 and 2017. A copy of the request is enclosed under Attachment A. We note that the GLO operated on a Skeleton Crew basis on March 2, 2017, in observance of Texas Independence. Accordingly, today, the 10tll business day after the date request was received, we submit this timely request for ruling. A copy of this letter will be provided to the requestor. 1700 North Congress Avenue, Austin, 'l?exas 78701-1495 P.O. Box 12873. Austin, Texas 78711?2873 512-463~500l glo.tcxas.gov Mam Pursuant to Chapter 31, Subchapter 1, of the Texas Natural Resources Code, the GLO, acting on behalf of the State of Texas, has jurisdiction of the Alamo, and is responsible for: (1) the preservation, maintenance, and restoration of the Alamo and its contents, as well as for (2) the protection of the historical and architectural integrity of the exterior, interior, and grounds of the Alamo (collectively, ?the Alamo Complete?) Pursuant to section 31.4Sl(d) of the above referenced code, the GLO may partner with a qualifying non-profit corporation whose purpose includes raising fund for or providing services or other bene?ts regarding the duties to the Alamo Complex, including entering into a contract with said non?pro?t corporation. In this instance, the GLO has a contract with the Alamo Endowment (the ?Endowment?), a non- . pro?t, tax exempt corporation organized for charitable and educational purposes to assist the GLO in the preservation, management, education, maintenance, operation, and restoration of the Alamo Complex. Pursuant to this agreement, and with written GLO approval, the Endowment . may form a non-pro?t supportive organization to which it may delegate and/or assign all or part of its rights, duties, and obligations under this agreement. The Alamo Complex Management is such a supportive organization. Section 552.110: Confidentialitv of Trade Secrets; Confidentiality of Certain Commercial or Financial Information The Endowment and ACM are GLO contractors, not governmental entities. While the GLO reimburses ACM for expenses related to the day?to~day operation of the Alamo Complex, it does not provide other monies. We note that ACM employees are not GLO employees, the GLO does not hire or fire them, decide on or pay their salaries, insurance, etc; additionally, the GLO leases to ACM certain space needed by ACM employees to perform their duties under the existing agreement. Therefore, the GLO believes that ACM, as well as the Endowment, are third parties that are not subject to Chapter 551 of the Government Code, commonly known as the ?Open Meetings Act,? and that the minutes of their meetings are not subject to Chapter 552 of the Government Code, commonly known as the ?Public Information Act.? However, in an abundance of caution, should your o?ice disagree with the GLO, we hereby submit copies of the requested information. We note that ?there were three ACM board meetings in 2016, and one in 2017; however, the minutes for 2017 are not in existence. GLO has copies of these minutes because they were sent to the GLO before prior to the GLO receiving Mr. Rosenthal?s request. Copies of the minutes are enclosed under Attachment B. Finally, as required by section 552.305, we are advising the third party, ACM, of its rights and obligations under the law. A copy of the notification letter is enclosed under Attachment C. If you have any questions or require further information, please contact me at the number listed below. Thank you for your assistance in this matter. Sincerely, Hadassah Schloss Director Open Government Texas General Land Of?ce 5124636072 Encl.: Attachment A: Copy of Request Cc: Attachment B: Copy of Information at Issue in Request Attachment C: Copy of .305 Letter (without attachments) Brian R0 Senthal Houston Chronicle Austin Bureau 1005 Congress Ave, Ste. 1060 Austin, TX 78701 Kerry T. Benedict Member Dykema Cox Smith 112 E. Pecan Street, Suite 1800 San Antonio, TX 78205 KBenedict@decma.com