Brunson proposes deputizing landmen for redaction process

Galen Scott

gscott@weatherforddemocrat.com

A letter sent by Texas Attorney General Greg Abbott Wednesday granted county clerks 60 more days to figure out some way to prevent documents marked with social security numbers (SSN) from getting out the door.

Until Abbott’s opinion was issued last week, researchers looking through documents in courthouses across Texas would routinely stumble upon SSNs, which are supposed to be confidential under the Public Information Act. In fact, county clerks were allowed by statute to release documents containing SSNs as little as two years ago.

Hundreds of thousands of Parker County documents, including title records, deeds, tax liens and birth and death records contain private SSNs. In accordance with Abbott’s opinion, county clerk personnel would have been forced to read each page of every document, and black out personal information and provide a written explanation of the redaction.

Citing an enormous manpower deficit, Parker County Clerk Jeane Brunson closed the research area at the Courthouse Annex and deactivated the county’s new record retrieval Web site.

Abbott’s opinion carried the implied threat of felony prosecution should county clerks fail to bar any and all unauthorized access to the confidential numbers.

Brunson was exasperated Tuesday as she pleaded with County Commissioners for help.

“Those records belong to the people,” Brunson said of the untold number documents affected. “But I don’t believe any of those citizens want to pay for my attorneys fees when I am charged with a felony or state misdemeanor.”

A number of legislative leaders immediately contacted Abbott’s office with concerns about the serious logistical problems associated with his opinion. According to a letter Abbott sent to Fort Bend County Attorney Roy Cordes, Jr Wednesday, the 60-day abatement was intended to allow lawmakers sufficient time to address issues associated with the opinion.

“Some clerks were left grappling with transitioning to a law that ensures SSNs are always kept confidential,” Abbott wrote. “The real-world consequence was a virtual halt to a tremendous amount of business and commerce in Texas.”

Like most clerks in the state, Brunson was wracking her brain this week to figure out some way to comply with the unfunded mandate. If and when the abatement expires, Brunson’s solution could involve deputizing the researchers themselves.

The opinion was particularly frustrating for clerks in Barnett Shale counties, which have been flooded with landmen researching leases for the last few years. Brunson said she has come to know and trust many landmen personally, apparently enough to allow them access to the confidential SSNs.

“In two years, we have come to know most of them very well,” she said of landmen routinely working in the clerk’s office. “They are very good people and I would have no qualms whatsoever deputizing those that we know.”

While the landmen are conducting research, Bruson’s plan would allow them to redact the SSNs themselves.

“They would be temporary, part-time, unpaid employees ... and of course they would have to be sworn in by me and take their oath and go through the entire process of being employed by the county clerk,” she explained. “From that point forward, they could assist us with redacting the numbers.”

Brunson said office employees will be able to assist any landmen or researchers with which her office has not had the opportunity to develop a rapport.

She said the plan was a win-win situation because it allows landmen access to the records they need to do their job, and because the county will probably eventually have to redact every SSN on the records.

Brunson said she has briefly discussed the legality of deputizing landmen with Parker County Attorney John Forrest, and is anticipating his opinion on the matter. She said she has not yet discussed the plan with any other county clerks.

In light of Abbott’s abatement, Brunson said the Parker County Clerk’s Office will be back to business as usual for at least the next 60 days.