Baytown Sun v. City of Mont Belvieu

Reversed and Rendered OPINION Appellant The Baytown Sun appeals from the trial court's orders, both dated May 15, 2003, granting summary judgment to appellees City of Mont Belvieu (""City"") and Strong Sports Management, Inc. (""SSMI""). This case arises from the City's refusal to disclose SSMI's employee salary information in response to appellant's request under the Texas Public Information Act (""Act""). See Tex. Gov't Code Ann. §§ 552.001-.353 (Vernon Supp. 2003). The City and SSMI entered into a Management Agreement (""Agreement"") whereby SSMI, a professional sports management company, agreed to manage and operate the Eagle Pointe Recreation Complex (""Complex"") owned by the City in exchange for payment of all direct and indirect out-of-pocket expenses incurred in connection with the Complex and a monthly base management fee. Large City expenditures made in connection with the Agreement, along with the alleged failure of the Complex to turn a profit, prompted Mary Green, a Mont Belvieu resident, to investigate by filing a request for information concerning, inter alia, the salaries paid to employees of SSMI. While Green's request was pending, appellant filed a similar request which also sought information concerning SSMI employee names, positions, and salaries. After receiving an advisory opinion from the state Attorney General's office supporting its position,1 the City refused to disclose that information pursuant to the Act.