On August 13, 2009, the Texas Attorney General issued Opinion OR2009-11323. (See "Opinion" attached.) This "Opinion" responds to and is addressed to Robert D. Andron, General Counsel for the El Paso Water Utilities Public Service Board (hereinafter referred to as the PSB) who asked for the AG Opinion. (See Andron letter asking for "Opinion" attached). The "Opinion" advises Mr. Andron that the records he is seeking to shield from public disclosure are public and must in fact be provided to the requestor. The requestor is Attorney Jim Martinez. Jim Martinez, as a member of the public, had sent an open records request to the PSB for copies of legal bills dated from October 1, 2006-June 3, 2009 (excluding invoices related to a pending federal case) that Attorney Alex Acosta had submitted for payment to the PSB. (See Martinez Open Records Request attached). The attachments are:
1)Jim Martinez' open records request to the PSB for legal bills
2)Robert Andron's reponse to Martinez saying he will be seeking an AG Opinion
3)Andron's letter to the AG seeking an Opinion to not have to release the records
4)Martinez' letter to the AG weighing in on Andron's request for an Opinion.
5)The AG Opinion saying the records must be released
What follows is a typical response to a citizen's request to Ed Archuleta/PSB for public records, in this case legal bills, paid for by the rate payers of El Paso. The attorney, Robert Andron, for the PSB sounds so reasonable. Keep in mind as you read, that Mr. Andron has no intention of following the law and providing the records on time and providing them without a fight.
Mr. Andron's letter to the Texas AG seeking an "Opinion" that would shield him from turning over the public records states that he believes that the PSB can "withhold the requested information from Plaintiff..." Mr. Andron outlines in his letter reasons why the PSB should not have to turn over invoices for legal bills that are paid by the public of El Paso.
Firstly, Mr. Andron states that the requested bills are part of an ongoing federal lawsuit and therefore fall under the lawsuit exception. Mr. Andron must believe that the attorneys in the Texas AG office are dumb, blind, illiterate or dishonest. Mr. Martinez' request specifically excludes records related to the federal lawsuit which he was an attorney on.
Secondly, Mr. Andron argues that the request is too burdensome to comply with and will use up too many pieces of paper. He actually wrote as a reason why the PSB should not have to produce the bills, the following line, "The materials sought will be approximately two reams of paper with a great deal of redaction based on the narrative billing method of the attorneys..." So if it were one "ream" or half a "ream" that would be ok? Considering that the rate payers of El Paso pay Mr. Andron's boss, El Paso Water Utility Manager Ed Archuleta, over $500,000 a year, why is he quibbling about a few pieces of paper, (which Mr. Martinez offered to pay for)? Keep in mind that Ed Archuleta, who is a city department head, makes more than any other public water utility manager in the entire United States of America. While Mr. Archuleta and perhaps his legal team are gorging themselves at the buffet at our expense, they have the audacity to refuse to even throw us a few crumbs from the table. It will be too costly they say.
Perhaps Mr. Archuleta and Mr. Andron do not want the public of El Paso to find out how many hundreds of thousands of public dollars they are shoveling over to the law firm in question. Methinks that these invoices will unmask naked greed.
I called Attorney Robert Andron today to ask him some questions. I wanted to find out why he thought he could refuse to turn over public records to a member of the public. Here is a paraphrase of the interview.
TC. Mr. Andron, why did you feel you did not have to turn over public records, not the subject of a lawsuit, to Mr. Martinez?
RA. We felt that Mr. Martinez was asking for records that are a part of ongoing litigation and under the exception to the Act we did not feel we had to turn them over.
TC. The records requested specifically asked for legal bills, NOT part of the lawsuit. As a public entity, why did you not turn them over?
RA. Because of the federal lawsuit and statements made by the litigants saying that they were going to ask for copies of legal bills, we felt we did not have to turn the records over.
TC. The request specifically excluded the bills part of the federal lawsuit. Again, why did you not turn over these public records?
RA. We have a difference of opinion as to how the law reads. But the AG has said we must turn them over so we will.
TC. Well, according to my calculations, those records should have been turned over today, latest tomorrow. Why have you not turned the records over to Mr. Martinez then?
RA. Our secretary is working on it. We plan to have them [the records] go out on Monday.
TC. Since they [the records] are now late, have you asked for an extension in time to prepare the documents?
RA. Jim Martinez is easy to work with. I'll give him a call.
TC. Jim Martinez is easy to work with. But you all aren’t. That is the problem. There are time deadlines prescribed by the Open Records Act law, Mr. Andron. Have you asked for a formal extension according to the law?
RA. No. I'll call Jim.
TC. Have you even told Jim that you are preparing the documents for him? I saw Jim in the elevator this morning and he said that he had received and heard nothing from you.
RA. Didn't Jim get the AG letter? If not I'll send him a copy.
TC. What AG letter?
RA. The Opinion.
TC. Of course he did. Have YOU sent him a letter communicating to him that the records are on the way?
RA. No. I'll call Jim.
Editor's note: Oh Mr. citizen, who is paying for the legal bill, you want copies of those bills do you? What bills? Oh, those bills? Oh, we're late? Oh, they're coming. Oh, it is too hard. Oh, Jim is a nice guy. We'll get them to him when we feel like it. (Which is never). Oh, the bills are so expansive it will take reams of paper. That is the scary part. The bill is "reams " of paper. How much have we paid Mr. Acosta? And around and around we go.
1)Jim Martinez' open records request to the PSB for legal bills
2)Robert Andron's reponse to Martinez saying he will be seeking an AG Opinion
3)Andron's letter to the AG seeking an Opinion to not have to release the records
4)Martinez' letter to the AG weighing in on Andron's request for an Opinion.
5)The AG Opinion saying the records must be released
What follows is a typical response to a citizen's request to Ed Archuleta/PSB for public records, in this case legal bills, paid for by the rate payers of El Paso. The attorney, Robert Andron, for the PSB sounds so reasonable. Keep in mind as you read, that Mr. Andron has no intention of following the law and providing the records on time and providing them without a fight.
Mr. Andron's letter to the Texas AG seeking an "Opinion" that would shield him from turning over the public records states that he believes that the PSB can "withhold the requested information from Plaintiff..." Mr. Andron outlines in his letter reasons why the PSB should not have to turn over invoices for legal bills that are paid by the public of El Paso.
Firstly, Mr. Andron states that the requested bills are part of an ongoing federal lawsuit and therefore fall under the lawsuit exception. Mr. Andron must believe that the attorneys in the Texas AG office are dumb, blind, illiterate or dishonest. Mr. Martinez' request specifically excludes records related to the federal lawsuit which he was an attorney on.
Secondly, Mr. Andron argues that the request is too burdensome to comply with and will use up too many pieces of paper. He actually wrote as a reason why the PSB should not have to produce the bills, the following line, "The materials sought will be approximately two reams of paper with a great deal of redaction based on the narrative billing method of the attorneys..." So if it were one "ream" or half a "ream" that would be ok? Considering that the rate payers of El Paso pay Mr. Andron's boss, El Paso Water Utility Manager Ed Archuleta, over $500,000 a year, why is he quibbling about a few pieces of paper, (which Mr. Martinez offered to pay for)? Keep in mind that Ed Archuleta, who is a city department head, makes more than any other public water utility manager in the entire United States of America. While Mr. Archuleta and perhaps his legal team are gorging themselves at the buffet at our expense, they have the audacity to refuse to even throw us a few crumbs from the table. It will be too costly they say.
Perhaps Mr. Archuleta and Mr. Andron do not want the public of El Paso to find out how many hundreds of thousands of public dollars they are shoveling over to the law firm in question. Methinks that these invoices will unmask naked greed.
I called Attorney Robert Andron today to ask him some questions. I wanted to find out why he thought he could refuse to turn over public records to a member of the public. Here is a paraphrase of the interview.
TC. Mr. Andron, why did you feel you did not have to turn over public records, not the subject of a lawsuit, to Mr. Martinez?
RA. We felt that Mr. Martinez was asking for records that are a part of ongoing litigation and under the exception to the Act we did not feel we had to turn them over.
TC. The records requested specifically asked for legal bills, NOT part of the lawsuit. As a public entity, why did you not turn them over?
RA. Because of the federal lawsuit and statements made by the litigants saying that they were going to ask for copies of legal bills, we felt we did not have to turn the records over.
TC. The request specifically excluded the bills part of the federal lawsuit. Again, why did you not turn over these public records?
RA. We have a difference of opinion as to how the law reads. But the AG has said we must turn them over so we will.
TC. Well, according to my calculations, those records should have been turned over today, latest tomorrow. Why have you not turned the records over to Mr. Martinez then?
RA. Our secretary is working on it. We plan to have them [the records] go out on Monday.
TC. Since they [the records] are now late, have you asked for an extension in time to prepare the documents?
RA. Jim Martinez is easy to work with. I'll give him a call.
TC. Jim Martinez is easy to work with. But you all aren’t. That is the problem. There are time deadlines prescribed by the Open Records Act law, Mr. Andron. Have you asked for a formal extension according to the law?
RA. No. I'll call Jim.
TC. Have you even told Jim that you are preparing the documents for him? I saw Jim in the elevator this morning and he said that he had received and heard nothing from you.
RA. Didn't Jim get the AG letter? If not I'll send him a copy.
TC. What AG letter?
RA. The Opinion.
TC. Of course he did. Have YOU sent him a letter communicating to him that the records are on the way?
RA. No. I'll call Jim.
Editor's note: Oh Mr. citizen, who is paying for the legal bill, you want copies of those bills do you? What bills? Oh, those bills? Oh, we're late? Oh, they're coming. Oh, it is too hard. Oh, Jim is a nice guy. We'll get them to him when we feel like it. (Which is never). Oh, the bills are so expansive it will take reams of paper. That is the scary part. The bill is "reams " of paper. How much have we paid Mr. Acosta? And around and around we go.