___

e)

P_ha___
r_r

MAYOR Ambrosio Hernandez, MD I INTERIM CITY MANAGER Edward Wylie, EMC
COMMISSIONERS Eleazar Guajardo I Roberto "Bobby" Carrillo I Ramiro Caballero, MD I Daniel Chavez I Ricardo Medina I Mario Bracamontes

December 18, 2018
Ken Paxton
OFFICE OF THE TEXAS
ATTORNEY GENERAL
Open Records Division
P.O. Box 12548
Austin, Texas 78711
RE:

Public Information Request R000891-121018
Requestor: Dave Hendricks
Date Received: December 10, 2018

Dear Open Records Division:
The City of Pharr is requesting a decision from the Office of the Attorney General
pursuant to Tex. Gov. Code §552.301 of the Texas Public Information Act regarding the
City's authority to withhold certain information from public disclosure under the Public
Information Act.
The requestor, Dave Hendricks, has specifically asked for information that
involves a contract that, if released, would give advantage to a competing City. The
request, attached as Exhibit A, requests the following:
"All personnel records for Alex Meade .
> A copy of the contract between the city of Pharr and Alex Meade .
> All job application records for Alex Meade."
The City is providing a copy of the job application for Alex Meade to the
Requestor, however, the City seeks to withhold a copy of the contract between the City
and Alex Meade, and seeks to redact salary information from Alex Mead's personnel
records. The responsive contract is being provided as Exhibit B.

A. INFORMATION RELATED TO BIDDING,
PROPRIETARY INFORMATION

Telephone

(956) 402-4100

I Fax

(956) 702-5313

I P. 0.

Box 1729

www.pharr-tx.gov

I 118

S. Cage

CONTRACTS,

I Pharr,

Texas 78577

AND

 The responsive contract is subject to the Public Information Act's exception to
disclosure, specifically section 552.104, which excepts from disclosure "information that,
if released, would give advantage to a competitor or bidder." The test under Section
552.104 is whether knowing another competitor's information would be an advantage,
not whether it would be a decisive advantage. Boeing Co. v. Paxton, 466 S.W.3d 831,
841 (Tex. 2015). The purpose of Section 552.104 is to protect a governmental body's
interests in competitive situations. The City competes with other cities in attracting
businesses, economically, and in attracting City leadership with certain skills at a
competitive rate. The City has not made the contract public. The release of this
information would cause harm to the City of Pharr's interest in retaining a qualified,
experienced, City Manager at competitive rates and in turn harm the City's ability to
compete with other cities in hiring a City Manager.
Please advise of your interpretation and application of the legal prov1s10ns
referred to above so that the requestor can obtain a response to its request. The City of
Pharr believes that the responsive information is excepted from disclosure.
If you have any questions or wish to discuss this matter further, please do not
hesitate to contact me. I will earnestly await your response.
Sincerely,

Patricia A. Rigney
City Attorney
Attachment
Cc:

Dave Hendricks (without exhibits)

McAllen, TX 78501