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Judicial Watch • Qatar Foundation v Paxton Intervenor 006240

Qatar Foundation v Paxton Intervenor 006240

Qatar Foundation v Paxton Intervenor 006240

Page 1: Qatar Foundation v Paxton Intervenor 006240

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Number of Pages:55

Date Created:April 30, 2019

Date Uploaded to the Library:April 30, 2019

Tags:006240, Hamad, Thani, Qatari, Zachor, paxton, Qatar, texas, Supreme Court


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CAUSE NO. D-1-GN-18-006240
QATAR FOUNDATION FOR
EDUCATION, SCIENCE AND
COMMUNITY DEVELOPMENT,
Plaintiff,
KEN PAXTON,
TEXAS ATTORNEY GENERAL,
Defendant.
4/29/2019 1:28
Velva Price
District Clerk
Travis County
D-1-GN-18-006240
Nancy Rodriguez THE DISTRICT COURT
200TH JUDICIAL DISTRICT TRAVIS COUNTY, TEXAS
ORIGINAL PLEA INTERVENTION
NOW COMES the Zachor Legal Institute, INTERVENOR, and, pursuant
Texas Rule Civil Procedure 60, matter right files this Plea
Intervention and would respectfully show follows:
NATURE THE CASE
This case about potential influence foreign government funding
certain Texas University programs. The Zachor Legal Institute made
requests under the Texas Public Information Act (TPIA), Tex. Govt Code 552.001 seq., for information about funding donations made Texas
University the government Qatar and/ agencies and subdivisions the
government Qatar.
Discovery this case should under Level
described Texas Rule Civil Procedure 190.3.
PARTIES
Plaintiff the Qatar Foundation for Education, Science and Community
Development. Qatar may served through its attorneys record this case.
Zachor Legal Institute Plea Intervention
Defendant the Honorable Ken Paxton, Texas Attorney General. Paxton
has filed answer and may served through his attorneys record.
Intervenor Zachar Legal Institute (Zachar) advocacy group based
the United States dedicated combatting the spread anti-Semitism. Zachar
may served through its attorneys record.
Texas University (TAMU) the governmental body from which
Zachar requested the Qatar government information, but which Qatar did not
name serve its lawsuit.
VENUE
Venue this lawsuit proper and mandatory Travis County.
JURISDICTION
Qatar filed this lawsuit pursuant TPIA section 552.001, seq., the
courts inherent power regulate the ultra vires acts governmental
agencies, and section 552.325. indicated, however, Qatar does not name
TAMU party and does not plead how any act omission TAMU was ultra
vires. Nor does Qatar plead how the Texas Attorney General, exercising his
authority under the TPIA issue decisions, has acted ultra vires.
The only section the TPIA that references any right third party
seeking prevent disclosure section 552.325. Under subsection (a) that
section, Zachar, the TPIA requestor, has right intervene this lawsuit.
The Court, however, has jurisdiction award affirmative relief against
Zachar.
See Tex. Govt Code 552.325 (parties may not file suit against
Zachor Legal Institute Plea Intervention
requestor); 552.324 (only suit governmental body may file against attorney
general); 552.323 (limited basis for award attorneys fees against
governmental body lawsuit filed under sections 552.321 552.3215 and
plaintiff defendant that substantially prevails lawsuit filed under section
552.324).
STATEMENT FACTS
The first TPIA request May 24, 2018, Zachar submitted TAMU request for
[A]ll amounts funding donations received behalf the
University from the government Qatar and/or agencies subdivisions the government Qatar between January 2013 and May 22, 2018.
(Exhibit
10. June 2018, after seeking clarification the request, TAMU sought
open records decision from the Texas Attorney General, raising one exception
required public disclosure, section 552.1235 the TPIA. (Exhibit Section
552.1235 provides follows:
(a) The name other information that would tend disclose the identity person, other than governmental body, who makes gift, grant,
donation money property institution higher education
another person with the intent that the money property transferred institution higher education excepted from the requirements
Section 552.021.
(b) Subsection (a) does not except from required disclosure other
information relating gifts, grants, and donations described
Subsection (a), including the amount value individual gift, grant, donation.
Zachor Legal Institute Plea Intervention
(c) this section, institution higher education has the meamng
assigned Section 61.003, Education Code.
Tex. Govt Code 552.1235 (emphasis added). The language emphasized above
makes clear that the section does not protect from required disclosure any
information about donations from governmental body and that the section does
not protect any information about gifts, grants, donations other than the
identity private donors.
11. response TAMUs request for decision, the Attorney General issued
Tex. Atty Gen. OR2018-20240 (August 14, 2018). That decision concluded that
[T]he university must withhold the donors identifying information, which
you marked, under section 552.1235 the Government Code. The
university must release the remaining information.
(Exhibit
That decision did not discuss the fact that the Zachar request
expressly sought information about funding donations from the government Qatar one its agencies subdivisions, categories information expressly
excluded from the scope section 552.1235.
12. about October 12, 2018, Qatar filed this lawsuit prevent the
release any information about the foreign government funding TAMU
programs operations. this lawsuit Qatar also attempts add exceptions
disclosure not timely raised response the May 2018 Zachar request.
specific, Qatar argues that the identity the donor, the amount the donation,
and information related these grants and donations confidential
Zachor Legal Institute Plea Intervention
commercial information, tantamount trade secret, protected from
disclosure under section 552.110 the TPIA.
13.
Zachar intervened because, will shown, neither section 552.1235 nor
section 552.110 (nor any other TPIA exception) protect any the requested
information from required public disclosure.
II.
The second TPIA request
14. October 17, 2018, Zachar submitted TPIA request for additional
information, specific for (1) communications between TAMU and third parties
about the earlier TPIA request and (2) communications relating TAMU
funding, programs, and activities between TAMU and the persons and entities
listed affiliated with Qatar the first TPIA request. TAMU responded that
could not search the name TAMU alone.
Zachar responded with
narrowing clarification, list TAMU persons whose communications were
subject the request. (Exhibit
15.
TAMU initially submitted request the Texas Attorney General for
decision that sections 552.101, 552.103, 552.104, 552.107, and 552.110 protect the
requested information from required public disclosure.
(Exhibit
TAMU,
however, followed that request submitting information the Attorney
General indicating that took position whether the information
submitted for camera review excepted from required disclosure under the
TPIA. (Exhibit other words, TAMU made claim that the requested
information implicated any proprietary interests TAMU. Instead, TAMU
Zachor Legal Institute Plea Intervention
deferred Qatar make arguments about why the information might implicate
Qatars proprietary interests.
16.
Qatar submitted its comments objecting the disclosure all but small
portion the information requested. (Exhibit Qatar also attempted reargue the first open records decision. (Id.) specific, Qatar urged that sections
552.104, 552.110, and 552.1235 protect the requested information from required
public disclosure. (Id.)
17. response, the Attorney General issued Tex. Atty Gen OR2019-01288
(January 15, 2019). (Exhibit The Attorney General declined revisit the
issues decided Tex. Atty Gen. OR2018-20240 and indicated that this Court
the appropriate place make those arguments. (Id.) The Attorney General,
however, accepted Qatars arguments that section 551.104 protects the amount
its donations and the details about them.
18.
Zachor contends that sections 552.1235, 552.104, and 552.110 not
protect any the requested information from required public disclosure and that
federal law expressly makes the requested information public.
ARGUMENT AND AUTHORITIES
The TPIA presumptions and burdens
19.
All information collected, assembled, maintained governmental
body public unless falls within one the TPIAs exceptions disclosure.
The party seeking withhold information has the burden proving judicial
proceeding under the TPIA that requested information excepted from
Zachor Legal Instltute Plea Intervention
disclosure. Texas Dept. Public Safety Abbott, 310 S.W.3d 670, 673-74 (Tex.
App.-Austin 2010, pet.); Thomas Cornyn, S.W.3d 473, 488 (Tex. App.Austin 2002, pet.) (citing Tex. Govt Code Ann. 552.001 (requiring that Act liberally construed favor granting requests for information), 552.006
(West 2004) (prohibiting the withholding public information except
expressly provided), 552.302 (West Supp.2009) (creating presumption, absent
compelling reason, that information public where governing body fails
request attorney general opinion)). Exceptions the Act should construed
narrowly. Thomas Cornyn, S.W.3d 488.
II.
TPIA Section 552.1235 does not apply
20.
Section 552.1235 does not apply donations governmental body:
(a) The name other information that would tend disclose the identity person, other than governmental body, who makes gift, grant,
donation money property institution higher education
another person with the intent that the money property transferred institution higher education excepted from the requirements
Section 552.021.
Tex. Govt Code 552.1235 (emphasis added).
21. indicated, the Zachor request expressly sought information about
funding donations from the government Qatar one its agencies
subdivisions, categories information expressly excluded from the scope
section 552. 1235. TAMU did not respond stating that had information
responsive the request. Instead, TAMU had duty and did fact submit
samples documents for the Attorney Generals camera review that were
Zachor Legal Institute Plea Intervention
responsive the request. For that reason, now too late contend that the
identity the Qatar Foundation donor confidential.
22.
The two TPIA decisions that have been issued failed properly apply
section 552.1235 because they failed address the issue whether the Qatar
Foundation governmental body agency subdivision one. Nor did
they address whether the protection, any, section 552.1235 has been waived.
23.
Moreover, based its website and publicly available records, the Qatar
Foundation was created the Emir Qatar, Chaired his consort, and
sponsored and supported the government Qatar, monarchy. point
did the Qatar Foundation demonstrate that not agency subdivision
the government Qatar. result, section 552.1235 simply does not apply.
24.
Section 552.1235 applies only the identities private donors who wish remain anonymous and have fact remained anonymous. The Qatar
Foundation website takes public credit for creating the Qatar campus TAMU
Education City. The affidavit the Qatar Foundations General Counsel,
affidavit submitted the Attorney General support withholding the requested
information supports that fact. (Exhibit Exhibit [to Exhibit 7], page
Affidavit Mitchell [QF routinely distributes grants non-Qatari research
universities such Texas University for the purpose operating Qatarbased campuses those research universities. allocates money the
development the campus based the value the campuss research
programs QFs mission.])
Zachor Legal Institute Plea Intervention
25.
Section 552.1235 does not protect details about grants and donations:
(b) Subsection (a) does not except from required disclosure other
information relating gifts, grants, and donations described
Subsection (a), including the amount value individual gift, grant, donation.
Tex. Govt Code 552.1235 (emphasis added).
26.
The public has substantial interest knowing what Qatar paid for TAMU
programs here Qatar have degree-conferring TAMU campus Qatar
(called TAMUQ), what contractual strings are attached such payments,
who owns the results research and new technology TAMUQ, whether the
same academic standards apply degrees conferred there, and whether the same
religious, political, and anti-discrimination freedoms apply the TAMUQ
campus.
Section 552.1235 does not protect such information from public
disclosure.
III.
Federal Law prevents withholding the requested information
27. fact, TAMU has affirmative duty make public disclosure report
the United States Secretary Education about gifts from and contracts with
foreign sources, whether government non-government. U.S.C. 1011f; see
also U.S.C: 5316 (reports Secretary the Treasury amounts over
10,000.00 from foreign country). Section 1011f provides pertinent part follows:
(a) Disclosure report
Whenever any institution owned controlled foreign source receives gift from enters into contract with foreign
Zachor Legal Institute Plea Intervention
source, the value which $250,000 more, considered alone combination with all other gifts from contracts with that
foreign source within calendar year, the institution shall file
disclosure report with the Secretary January July 31,
whichever sooner.
(b) Contents report
Each report the Secretary required this section shall contain the
following:
(1) For gifts received from contracts entered into with foreign
source other than foreign government, the aggregate dollar amount
ofisuch gifts and contracts attributable particular country. The
country which gift attributable the country citizenship, unknown, the principal residence for foreign source who
natural person, and the country incorporation, unknown, the
principal place business, for foreign source which legal
entity.
(2) For gifts received from contracts entered into with foreign
government, the aggregate amount such gifts and contracts
received from each foreign government.
(3) the case institution which owned controlled
foreign source, the identity the foreign source, the date which
the foreign source assumed ownership control, and any changes
in, program structure resulting from the change ownership
control.
(c) Additional disclosures for restricted and conditional gifts
Notwithstanding the provisions subsection (b), whenever any institution
receives restricted conditional gift contract from foreign source,
the institution shall disclose the following:
(1) For such gifts received from contracts entered into with
foreign source other than foreign government, the amount, the
date, and description such conditions restrictions. The report
shall also disclose the country citizenship, unknown, the
principal residence for foreign source which natural person,
an.d the country incorporation, unknown, the principal place
ofbusiness for foreign source which legal entity.
Zachor Legal Ins~itute Plea Intervention
(2) For gifts received from contracts entered into with foreign
government, the amount, the date, description such conditions restrictions, and the name the foreign government.
(e) Public inspection
All disclosure reports required this section shall public
records open inspection and copying during business hours. U.S.C. 1011f (emphasis added).
28. one point, Texas had affirmative, parallel reporting requirement
the Texas Education Code. Tex. Educ. Code 51.571 51.575 (repealed
redundant Acts 2013, 83rd Leg., Ch. 1312 (SB 59) 99(3)(p. 52)) The rules
the Texas Education Agency, however, were not repealed and recognize the
federal reporting requirement:
(a) The governing board institution required file statement
disclosing conditional gift from foreign person with the Office the
Secretary State under Texas Education Code Annotated, 51.572, shall
file such statement the same form that required filed with the
Federal Department Education pursuant United States Code 1011f.
(b) institution shall make the filing required under subsection (a) this
section with the Office the Secretary State the dates specified for
the filing made with the Federal Department Education pursuant Urtited States Code 1011f. T.A.C. 73.91.
29.
Information that must disclosed under federal law cannot withheld
under section 552.1235 (or any other section) the TPIA. Section 552.1235
should interpreted has been the federal Family Educational Rights and
Privacy Act (FERPA) under section 552.114 the TPIA. The Attorney General
Zachor Legal Institute Plea Intervention
has ruled that information that must disclosed under the FERPA students
and/or parents must disclosed under section 552.114 the TPIA students
and/or parents (see Tex. Atty Gen ORD 431 (1985) and that information that
must protected under the FERPA may withheld from the public under
section 552.114 the TPIA. (Id.) Similar considerations apply here federal law
controls the interpretation the TPIA the grants and contracts between TMA
and Qatar.
30.
Neither the TPIA decisions issue here, Tex. Atty Gen. OR2018-20240
and Tex. Atty Gen OR2019-01288, addressed the applicability U.S.C.
1011f. was plain error fail so.
IV.
TPIASection 552.104 does not apply its submission the Attorney General and this lawsuit, Qatar
contends that TPIA sections 552.110 and 552.104 also apply because Qatar has
competitive interest the donations made purchase TAMU campus for
Qatar. The problem with that argument that TAMU public university
subject the TPIA. Those sections not apply.
32.
Section 552.104 provides follows:
(a) Information excepted from the requirements Section 552.021 information that, released, would give advantage competitor
bidder.
(b) The requirement Section 552.022 that category information
listed under Section 552.022(a) public information and not excepted
from required disclosure under this chapter unless expressly confidential law does not apply information that excepted from required
disclosure under this section.
Zachor Legal Ins~itute Plea Intervention
Tex. Govt Code 552.104(emphasis added).
33.
Qatar attempts analogize its situation with that addressed the Texas
Supreme Court Boeing Co. Paxton, 466 S.W.3d 831. Although true that
the Court Boeing changed number things about the interpretation and
application section 552.104, most notably that private entities may claim its
protection, the Court did not eliminate the requirement that release the
information must give advantage competitor. order claim the
exception, there must some actual competitor for the legitimate establishment TAMU campus some other foreign country. Qatar cannot meet that test.
34. Boeing, although the Court noted that proof specific, on-going
bidding process not required, 466 S.W.3d 840-841, the Court did require
proof competition the industry:
The record establishes that Boeings work for the federal government
continually re-bid, and that contracts have been lost competitors over
little one percent. The record also demonstrates that the major bid
component that competitor does not know the contractors overhead
costs-precisely the information Boeing wishes withhold. reasonable
trier fact could conclude that Boeing has competitors, that the
Defense Department wont re-bid its contracts, that the physical plant
not the biggest variable cost such bids. The undisputed evidence allows
only single logical inference-that the information issue released
would give advantage competitor bidder. TEX. GOVT CODE
522.104(a); see also City Keller Wilson, 168 S.W.3d 802, 814
(Tex.2005).
Because Boeing has demonstrated that the information issue
competitively sensitive and will give advantage its competitors
released; and because section 552.104s exception applies both the
government and private parties, Boeing has the right protect its own
privacy and property interest through the judicial remedy section 552.325.
Zachor Legal Institute Plea Intervention
Boeing, 466 S.W.3d 831, 841-842.
35. order accept that analogy here, however, the Court would have find
that TAMU will only accept limited number donations and/or that there
only one foreign TAMU campus for sale. order for TPIA section 552.104
apply, there must some competitive process which Qatar can show that its
bid purchase TAMU disadvantage disclosed. What other foreign
government was bidding for TAMU campus and research support the
mission the foreign country the foreign countrys education system?
There legal competitive bidding process which TAMU campus
available the highest bidding foreign government. Qatar may well able
show that other foreign countries wish buy American university campuses, but
they cannot show specific competitive process for buying TAMU campuses
because such process has been authorized the Texas Legislature.
36.
The Texas Legislature has not authorized the establishment degree-
conferring Texas University foreign country. with most state
agencies and institutions, TAMU must have grant authority from the Texas
Legislature anything. Even with such authority, TAMU can only that
which expressly authorized that which necessarily implied from
express grant authority.
37.
TAMU was created and governed the Texas Education Code.
Chapter the Code governs administration, Chapter governs Texas
Zachor Legal Institute Plea Intervention
University specifically, Chapter governs other academic institutions the
Texas system, Chapter governs the agencies and services Texas
provides (i.e. like the Texas Forrest Service and the Texas Veterinary Medical
Diagnostic Lab), and Chapter governs the Health Science Center.
Academic Institutions that are authorized include details such the degrees conferred and whether the university may offer advanced degrees. Nowhere
the Qatar campus even mentioned, much less authorized.
38.
From its website, however, Education City claims that 2003 Texas established campus Qatar that now grants Bachelor Science degrees
Chemical Engineering, Electrical Engineering, Mechanical Engineering, and
Petroleum Engineering.
Since 2011, advanced degrees have been offered
Chemical Engineering. Apparently, over 975 degrees have been conferred.
39.
Aside from the fact that Qatar apparently already bought its TAMU
campus, meaning that there continuing danger another country will buy
out from under Qatar, the public has substantial interest knowing how much
Qatar paid arid how this happened without the involvement the Texas
Legislature.
40.
Finally, regardless whether section 552.104 might otherwise apply,
information expressly made public under federal law, specific U.S.C. 1011f
(e), cannot withheld under section 552.104 the TPIA.
Zachor Legal Institute Plea Intervention
TPIA Section 552.110 does not apply
41.
Section 552.110 provides:
(a) trade secret obtained from person and privileged confidential
statute judicial decision excepted from [required public disclosule].
(b) Commercial financial information for which demonstrated based specific factual evidence that disclosure would cause substantial
competitive harm the person from whom the information was obtained excepted from [required public disclosure].
Tex. Govt Code 552.110 (emphasis added).
42. indicated, Qatar apparently already bought its TAMU campus, 2003,
meaning that there continuing danger another country will buy out from
under Qatar. Qatar has the burden showing that risk and showing how the
disclosure the amount paid and being paid for the TAMU campus would cause
substantial competitive harm Qatar.
43.
Nor the funding public university trade secret the confidential
commercial information foreign country. The funding public university Texas governed Chapter the Texas Education Code, which imposes
numerous financial reporting requirements assure that the university
accountable and complies with state law. Nothing exempts the TAMU foreign
campus from those requirements from any other Education Code
requirements, such having uniform admissions policy.
44. result, regardless whether Qatar competes with other nations
buying American universities and their research based the value the
campuss research programs QFs mission stated Qatars General
Zachar Legal Institute Plea Intervention
Counsel, the amount paid, the details the donation, and any resulting contracts
are matters public record. TAMU is, after all, public university subject the
TPIA.
45.
Finally, section 552.1235 expressly provides that the amount donations made public. Likewise, all communications TAMU about sponsored
research must identify the sponsor. Tex. Education Code. 51.954. The public
has substantial interest knowing how much Qatar paid for the TAMU campus
and for TAMU research, and how this happened without the involvement the
Texas Legislature.
46.
Finally, regardless whether section 552.110 might otherwise apply,
information expressly made public under federal law, specific U.S.C. 1011f
(e), cannot withheld under section 552.110 the TPIA.
ATIORNEYS FEES
47.
Pursuant section 552.323, Zachor seeks recovery its reasonable
attorneys fees.
PRAYER
For these reasons, Intervenor Zachor Legal Institute respectfully asks that
the Court enter judgement that Plaintiff Qatar take nothing this lawsuit, that
the Court review the information requested both TPIA requests camera and
rule that public information, and that the Court award court costs and
reasonable attorney fees Intervenor Zachor and award all other relief which
Intervenor Zachor entitled.
Zachor Legal Institute Plea Intervention
Respectfullysubmitted,
Texas Bar No. 16922300
CERTIFICATE SERVICE herebycertify that true and correct copyof the above and foregoing
document has been forwarded bye-service this .2Cf April, 2019, to: Patrick Long
Texas Bar No. 12515500
AlexanderJ.Toney
Texas Bar No. 24088542
Matthew Entsminger
Texas Bar No. 24059723
(21?~
.PJENNIFERs. RIGG~
Zachor Legal Institute Plea Intervention
8001108-052318 Public Information Records
Public Information Records Details
This request for:
Texas AM University
Summary Request: summary all amounts funding donations received behalf the University
from the government Qatar and/or agencies subdivisions the government Qatar
between January 2013 and May 22, 2018.
EXHIBIT
EXHIBIT
Greendoner(B001108-052318)
Describe detail the Record(s)
Requested: summary all amounts funding donations received behalf the University
Michigan from the government Qatar and/or agencies subdivisions the government
Qatar between January 2013 and May 22, 2018.
For purposes this request, please indude the following individuals and entities being
affiliated with the government Qatar:
Individuals:
Tamim bin Hamad Thani;
Hamad bin Khalifa bin Hamad bin Abdullah bin Jassim bin Mohammed Thani;
Jawaher blnt Hamad bin suhaim; Mayassa bint Tamim bin Hamad Thani;
Hamad bin Tamlm bin Hamad Thani;
Jassim bin Tamim bin Hamad Than!;
Aisha blnt Tamlm bin Hamad Thanl;
Anoud blnt Mana Hajri;
Naylah bint Tamim bin Hamad Toani;
Abdullah bin Tamim bin Hamad Toani;
Rodha blnt Tamlm bin Hamad Thani;
AI-Qaqa bin Tamlm bin Hamad Thanl;
Noora Bint Hathal AJdosari;
Joaan bin Tamim bin Hamad Thani;
Mohammed bin Taniim bin Hamad Thani;
Abdullah bin Nasser bin Khalifa Thani;
Ahmad bin Abdullah Mahmoud;
Ashraf Muhammad Yusuf Uthman Abd al-Salam;
Abd al-Malik Muhammad Yusuf Uthman Abd al-Salam;
Mubarak Alajji;
Sad bin Sad al-Kabi;
Abd al-Latif bin Abdallah al-Kawari;
Abu Abdulaziz Qatari;
Mohammad Bin Saleh Al-Sada;
Saad Sherlda Kaabl;
Abdullah Mohd Essa AI-Kaabi;
Faisal Bin Qassim AI-Toanl;
Kamel EI-Agela;
Fatma Remaihi;
Hind blnt Hamad Thani;
Sould Al-Tamimi;
Richard OKennedy
Ilias Belharouak;
Sabah Ismail AI-Haidoos; and
Faisal Mohammad AI-Emadi
Entities:
Qatar Ministry Foreign Affairs
Qatar Minister State for Foreign Affairs
Qatar Minister Defense
Qatar Minister the Interior
Qatar Ministry Public Health
Qatar Ministry Energy and Industry
Qatar Ministry Municipal and Urban Planning
Qatar Ministry Environment
Qatar Ministry Finance
Qatar Ministry Culture, Arts and Heritage
Qatar Ministry Labor and Social Affairs
Qatar Ministry Education and Higher Education
Qatar Ministry Awqaf and Islamic Affairs
Amiri Diwan Sheikh Abdullah bin Khalifa Thani
Qatar Investment Promotion Department
Qatar Supreme Council for Family Affairs
Qatar Supreme Judiciary Council Jazeera Media Network, including the following subsidiary organizations:
News- Jazeera Arabic Jazeera English Jazeera Mubasher Al-Amma Jazeera.Balkans (Balkans) Sports: be!N Media Group
Educational- Jazeera Documentary Channel
JeemlV
EXHIBIT
Greendorfer (8001108-052318)
Other- AJ+
Aljazeera.com
Jetty Jazeera Mobile Jazeera New Media Jazeera Center for Studies Jazeera International Documentary Film Festival
beIN Media Group
Miramax Films
Qatar Petroleum
Sidra Medical and Research Center
RasGas Company Limited Faisal Holding
Doha Film Institute
Qatar Envlronmntl Energy Res Inst
Slfatech
Qatar Airways
Qatar National Research Fund
Jasoor Institute
Qatar Foundation
Qatar University
Hamad Medical Corporation
Qatar Biomedical Research Institute
Construction Development LLC
Qatar Leadership Center
Ooredoo
Maersk Oif Qatar
Aramco Services
Qatar Computing Research Institute
Education Above Alf Fakhoora
Qatar Charity
Please also Include any funding received from the above sources behalf student
groups affiliated with, operating with the consent of, the University.
Electronic via Records Center
Preferred Method Receive
Records:
Category
Clarificatlon(s)
OAG decision requested
Exceptions
Charges
Message History
Request Details
Reference No:
0001108-052318
Create Date:
5/23/2018 5:40
Update Date:
5/24/2018
Completed/Oosed:
Required Completion Date: 6/8/2018
EXHIBIT
Greendorter(B001108-052318)
Status:
Activity Assigned
Priortty:
Medium
Assigned Dept:
TAMU_Open Records
Assigned Staff:
Open Records University
Customer Name:
Attorney Marc Greendorfer
Email Address:
lnfo@zachortegal.org
Phone:
6502799690
Group:
TAMU
source:
Web
EXHIBIT
Greendorfer (8001108-052318)
Office General Counsel
THE TEXAS AM UNIVERSITY SYSTEM
June 2018
Open Records Division
Office the Attorney General
P.O. Box 12548
Austin, Texas 78711-2548
Re:
via UPS DELIVERY
Request for Decision regarding Public Information Request from Marc Greendorfer
Texas AM University (8001108-052318)
Dear Open Records Division: May 24, 2018, Texas AM University (the university) received public
information request from Mark Greendorfer (the Requestor). The request, enclosed Exhibit seeks information regarding certain funding and donations. believe that portion the information requested, representative sample which enclosed Exhibit contains information that excepted from disclosure under section
552.1235 the Texas Public Information Act, Chapter 552, Government Code (Act).
Accordingly, are requesting decision regarding the enclosed, responsive information
believe excepted from disclosure the Act.
Section 552.1235 Confidentiality Identity Private Donor Institution Higher
Education believe that the marked information Exhibit excepted from public disclosure
under section 552.1235 the Act. This section provides:
(a)
The name other information that would tend disclose the identity person, other than governmental body, who makes gift, grant, donation money property institution higher education another person with the intent that the money property
transferred institution higher education excepted from the
requirements Section 552.021.
The request was originally received May 23, 2018 and request for clarification was emailed the Requestor May 24, 2018. May 24, 2018, the Requestor responded and clarified the request, making this the date
receipt the request. The first business day after receipt the clarified request was Friday, May 25, 2018. Texas
AM University was also closed for Memorial Day May 28, 2018 order the AM System Board
Regents. Thus, the 10th business day after the receipt the request Friday, May 2018. Tarrow Street, 61h Floor College Station, Te-xas 77840- 896
(979) 458 -6120 Fax (979) 458-6150 www.tamus.edu/legal
EXHIBIT
Open Records vision 1108-18 Greendorfer)
June 2018
(b)
(c)
Subsection (a) does not except from required disclosure other
information relating gifts, grants, and donations described
Subsection (a), including the amount value individual gift, grant, donation. this section, institution higher education has the meaning
assigned Section 61.003, Education Code.
TEX. GovTCODE ANN. 552.1235 (West 2012).
Here, the marked information, enclosed Exhibit identifies donors the university.
Therefore, believe that these donor identities are confidential and excepted from disclosure
under section 552.1235(a) the Act.
Thank you for your consideration this matter. you have any questions, please feel
free contact me.
Sincerely,
Assistant General Counsel
Enclosure:
cc:
Exhibits
Marc Greendorfer
info@zachorlegal.org
TAMU Open Records Tarrow Scree!, Floor College Station. Texas 77840-7896
(979) 458-6120 Fax (979) 458-6150 www.tamus.edu/legal
KEN PAXTON
,I OHNI (,I RAJ ..~
August 14, 2018
Ms. Julie Masek
Assistant General Counsel
The Texas AM University System
301 Tarrow Street, 6th Floor
College Station, Texas 77840-7896
OR2018-20240
Dear Ms. Masek:
You ask whether certain infonnation subject required public disclosure under the
Public Information Act (the Act), chapter 552 the Government Code. Your request was
assigned ID# 723308 (BOOl 108-052318).
Texas AM University (the university) received request for information pertaining
certain funding donations received for period time. You claim some the submitted
information excepted from disclosure under section 552.1235 the Government Code. have also received and considered comments from the requestor. See Govt Code
552.304 (permitting interested third party submit attorney general reasons why
requested infonnation should should not released). have considered the submitted
arguments and reviewed the submitted representative sample information. note the university sought and received clarification the information requested See GovtCode
552.222 (providing request for infonnation unclear, governmental body may ask requestor clarify
request); see also City Dallas Abbott, 304 W.3d 380, 387 (Tex. 2010) (holding when governmental
entity, acting good faith requests clarification unclear overbroad request for public infonnation,
ten-business-day period request attorney general opinion measured from date request clarified
narrowed). assume the representative sample ofrecords submitted this office truly representative
the requested records whole. See Open Records Decision Nos. 499 1988), 497 1988). This open records
letter does not reach, and therefore does not authorize the withholding of, any other requested records the
extent that those records contain substantially different types information than that submitted this office.
Post OfficL Bo: 12548, .ustin, Texas 78711-2548 (512) 463 -2100
WVV.(C)o.:I Sll!!omcrgener
EXHIBIT
Ms. Julie Masek Page
Section 552.1235 the Government Code excepts from disclosure [t]he name other
information that would tend disclose the identity person, other than governmental
body, who makes gift, grant, donation money property institution higher
education[.] Govt Code 552.1235(a). For purposes this exception, institution
higher education defined section 61.003 the Education Code. Id. 552.1235(c).
Section 61.003 defines institution higher education meaning any public technical
institute, public junior college, public senior college university, medical dental unit,
public state college, other agency higher education defined this section. Educ.
Code .003(8). Because section 552.1235 does not provide definition person,
look the definition provided the Code Construction Act. See Govt Code 311.005.
Person includes corporation, organization, government governmental subdivision
agency, business trust, estate, trust, partnership, association, and any other legal entity. Id.
311.005(2). You state the information you marked the submitted information identifies
donors the university. Thus, the university must withhold the donors identifying
information, which you marked, under section 552.1235 the Government Code. The
university must release the remaining information.
This letter ruling limited the particular information issue this request and limited the facts presented us; therefore, this ruling must not relied upon previous
determination regarding any other information any other circumstances.
This ruling triggers important deadlines regarding the rights and responsibilities the
governmental body and the requestor. For more information concerning those rights
and responsibilities, please visit our website http://www.texasat1orneygcneral. gov/opent
orl ruli info .shtm call the Office the Attorney General Open Government
Hotline, toll free, (877) 673-6839. Questions concerning the allowable charges for
providing public information under the Act may directed the Office the Attorney
General, toll free, (888) 672-6787.
Sincerely,
)5~cD. Michelle Case
Assistant Attorney General
Open Records Division
DMC/gw
Ref:
ID# 723308
Enc.
Submitted documents
Requestor
(w/o enclosures)
Paul Orfanedes
From:
Sent:
To:
Cc:
Subject:
Zach Legal Institute