Open Records Request What to Do When You Receive One Paul Miles, - PowerPoint PPT Presentation

Open Records Request What to Do When You Receive One Paul Miles, Associate General Counsel

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Public Almost Information Act EVERYTHING Texas Government Code Chapter 552

A record is a record is a record.

Judicial Records available under Rule 12

Rights of the Public

Super ‐ Public Information

Requesting an AG Ruling

Best Practices

Record Retention Schedule 10

The “10 ‐ Day” Rule produce or notify

Confidentiality

Do’s and Don’ts

Costs & Charges Texas Administrative Code Title 1 Part 3 Chapter 70.3

Costs & Charges

Exceptions to Disclosure

Exceptions of Importance • confidential by law • invasion of privacy • competitive bidding • LE prosecution • private communications • ongoing litigation

Exceptions for Personal Information

Certain Officials Excepted

Penalties Refusing to Produce

Penalties Unlawful Disclosure OFFICIAL MISCONDUCT

PIA REQUEST REVIEW WHAT HOW WHEN

Penalties Destroying, Altering or Concealing

Date stamp the request!

PUBLIC

§ 552.139 § 552.104 § 552.139 PRIVATE

CLARIFY

NEXT STEPS retain notify Public cost documentat ‐ Information estimate, if ion for 1 ‐ 2 Officer necessary years (GR ‐ 1000 ‐ 34) request AG locate ruling, if information necessary

Training and Resources county.org/legalpublications texasattorneygeneral.gov

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PUBLIC INFORMATION ACT All elected officials are required to take Public Information Act training within 90 days of taking office. PUBLIC INFORMATION ACT THE BASICS SUPER-PUBLIC INFORMATION • The Public Information Act: Texas Government Certain categories of information are considered “super public” and must be disclosed (552.022, Code Chapter 552 552.0221, 552.0225). • Don’t write anything down unless you want your For example: family to read it in the local paper. • • Final audit and investigation reports Public has a right to see almost every document related to county business. • Name and salary of public employees • Law applies to ALL public officials. • Billing information • The county’s records are public property - • Investment information including those you keep at home. • Rules and procedures • Law applies to electronic records and e-mail - • Settlement information including information on your personal mobile device. REQUESTING AN AG RULING • Law often referred to as: Open Records Act or • Best practice is to consult your county attorney Freedom of Information Act. and have him or her write the Attorney General • Judicial records are not subject to Public (AG). Information Act, but are available to public • Collect all documents ASAP and identify both under Rule 12 of the Texas Rules of Judicial the specific information that may be Administration. confidential and the exception to the Act. RIGHTS OF THE PUBLIC • Be sure to comply with deadlines or you may be • required to disclose information. Public has a right to make a written request for access to or copies of a public record. Any • If county requests the AG’s permission to written request, including e-mail, will do. withhold information it will be under two types • of exceptions: Requestor is not required to use magic words. • o Permissive (can release if wants to) Public may not have a right to access certain documents that are confidential under the Act o Mandatory (must withhold) or other law. • If AG rules for county, requestor can sue county • Requestor does not have a right to rummage to require disclosure. through your files or disrupt county business. • If AG rules against county, county can sue AG in • Requestor may have a right to bring in their own state district court to overturn AG ruling. copy machine or scanner. 1 | P a g e

• Submit a copy of the request for information BEST PRACTICES • Submit a signed statement as to the date you As soon as you or one of your employees receives a received the request for information. written request for documents that might be public • Submit written copy of specific information records: requested (or representative sample) • Date stamp the request • Label written copy to indicate portions where • Immediately locate the records exceptions apply • Notify your county attorney if you think you may • Send copy of your comments to requestor need to withhold some of the records DO’S AND DON’TS THE 10-DAY “RULE” • DO produce records as quickly as possible with Within 10 business days after receiving the request, the least fuss. you must: • DO request clarification if you do not • Produce the records or notify the requestor understand what is being requested or if it is when they will be available; or very broad. • Request an AG’s ruling authorizing you to • DON’T ask a requestor why he or she wants the withhold the records records. Records are presumed to be public and you must • DON’T create a record that does not exist to produce them if, within 10 business days, you fail to comply with a request. either: • DON’T try to comply with a “standing” or on- • Produce the records or notify requestor of time going request. they will be available; or • COSTS & CHARGES Request an AG’s ruling authorizing you to withhold the records • AG’s Office determines allowable charges for records. RECORD RETENTION SCHEDULE • County may charge for labor and overhead for • If you don’t have the record because you have big requests, but must send an estimate in disposed of it under your schedule, you don’t advance and get requestor’s acceptance. have to produce it. • County may also require a bond or deposit for • If you still have a public document you could large request. have destroyed, you must produce it. • County cannot require requestor to obtain or pay for copies if the request is for access only. CONFIDENTIALITY • Texas Administrative Code Title 1, Part 3, • There is potential civil liability for disclosure of Chapter 70.3 documents subject to a valid claim of (b) Copy charge. confidentiality. (1) Standard paper copy. The charge for • If you have any question about whether to standard paper copies reproduced by means of release a record – request an AG determination. an office machine copier or a computer printer is $.10 per page or part of a page. Each side that ORD REQUESTS has recorded information is considered a page. If requesting an open records decision (ORD) from (2) Nonstandard copy. The charges in this the AG, by the 15th business day, you must: subsection are to cover the materials onto • Submit written comments stating what which information is copied and do not reflect exceptions apply any additional charges, including labor, that may 2 | P a g e