To: San Benito EDC Board of DirectorsOn June 26, 2021 I submitted via email the following Texas Public Information Act request to Ms. Rebecca Castillo, CoSB EDC Director: Intentionally or not, exactly 10 business days later on July 9, 2021 I received the attached email from Ms. Castillo requesting clarification regarding my request. I erroneously did not specify a time-frame for the information being requested. The scope of the information being asked for was unduly broad. On July 11, 2021 I submitted via EMAIL an amended TPIA request clarifying the time-frame for the data/information requested. Fourteen business days later On July 29, 2021 and four business days past the TPIA deadline to respond to a TPIA request, I emailed Ms. Castillo, EDC Director the following email requesting a Status Update> on my amended TPIA request. On August 6, 2021 @ 3:14 p.m. I received the following email from Ms. Castillo that the information had been gathered and submitted to Attorney Sossi for his review: Later that day @ 5 p.m. I received the following email advising me that per advice from attorney Mark Sossi, the information I requested via a Texas Public Information Act (TPIA) was not available. From Monday July 12, 2021 to August 6, 2021 is exactly twenty business days or ten business days past the deadline per the TPIA for a response to my request for information. In my opinion, this is a flagrant violation of the TPIA and does not reflect the spirit of “Open Government & Transparency”. Since my initial request on June 26, 2021 I was very specific as to what specific information I was requesting. My time scope was not specified correctly but the “information requested was very specific”. Within the first ten business days, I should have been informed that the information was not available. I interpret this action as nothing more than a delay tactic which is not acceptable to me as a citizen/taxpayer and should not be tolerated by the San Benito EDC Board of Directors or the SB City Commission. In fact, none of the following deadline requirements set by the TPIA have been followed or acted upon as required by statute: Per the TPIA, (Link to TPIA Handbook by the Texas OAG) (1) If it will take a governmental body longer than ten business days to provide the records, the governmental body must certify that fact in WRITING to the requestor. [Tex. Gov’t Code § 552.221(d)] In the notice to the requestor, the governmental body must indicate a set date and hour within a reasonable time that the information will be available for inspection or duplication. (2) Notice to Requestor that the Governmental Body Needs Additional Time to Produce Records. [§ 552.221(d)] If the governmental body is unable to produce a requested record within ten business days for inspection or for duplication, the governmental body must certify that fact in writing to the requestor and set a date and hour within a reasonable time that the information will be available for inspection or for duplication. Regards, Jose Rodriguez |
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