On November 16, 2016, Terrill W. Putnam requested a “payback analysis” from the City of Georgetown for solar panels installed on the Westside Service Center roof, located at 5501 Williams Drive, Georgetown, Texas 78633, as he was told to do so by a Georgetown City Councilman. Mr. Putnam’s request is governed by the Texas Public Information Act.

The Texas Public Information Act promotes the policy that citizens are entitled to complete information, unless otherwise expressly provided by law, about the affairs of government and the official acts of public officials and employees. Through the Texas Public Information Act, there are procedures for responding to a public information request, and procedures to follow if a governmental entity wishes to hold information as exempt from the Act. In response, the City of Georgetown claimed the payback analysis as exempt from public disclosure and withheld the document.

On August 28, 2017, Mr. Putnam made a second public information request to the City of Georgetown seeking documents supporting the factual basis for the City’s claimed exception from disclosure for the payback analysis. The City failed to respond to Mr. Putnam’s second request.

Accordingly, Plaintiff seeks a declaratory judgment that the records requested by Mr. Putnam are not exempt under Texas state law, and a declaratory judgment that the payback analysis is public and should be disclosed.