public information act
play

PUBLIC INFORMATION ACT Paul Miles, Associate General Counsel - PowerPoint PPT Presentation

PUBLIC INFORMATION ACT Paul Miles, Associate General Counsel Questions? Give us a ring! Why are we here? 1 2 3 PIA Records Review How to deal with Records retention Review sample PIA written requests and disposition, request. for information


  1. PUBLIC INFORMATION ACT Paul Miles, Associate General Counsel

  2. Questions? Give us a ring!

  3. Why are we here? 1 2 3 PIA Records Review How to deal with Records retention Review sample PIA written requests and disposition, request. for information and their about public relationship to the business. PIA.

  4. Public Almost Information Act EVERYTHING Texas Government Code Chapter 552

  5. A record is a record is a record.

  6. Judicial Records available under Rule 12

  7. Rights of the Public

  8. Super ‐ Public Information

  9. Requesting an AG Ruling

  10. Requesting an AG Ruling

  11. Best Practices

  12. The “10 ‐ Day” Rule produce or notify

  13. Record Retention Schedule 13

  14. Confidentiality

  15. Open Record Decision Requests

  16. Do’s and Don’ts

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

  18. Costs & Charges

  19. Exceptions to Disclosure

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

  21. Exceptions for Personal Information

  22. Certain Officials Excepted

  23. Penalties Refusing to Produce

  24. Penalties Unlawful Disclosure OFFICIAL MISCONDUCT

  25. Penalties Destroying, Altering or Concealing

  26. 2 Records Records retention and disposition, and their relationship to the PIA.

  27. The Basics

  28. What is Records Management? creation preservation retention disposition 28

  29. Records Management Officer 29

  30. Commissioners Court

  31. Local Government Records

  32. Record Destruction 32

  33. Destruction Prohibitions 33

  34. Discretionary Destruction copies notes, LGC journals, §201.003(8) etc. blank forms

  35. Destruction Process PIA PIA PIA 35

  36. Penalties Unlawful Destruction

  37. 3 Review Review sample PIA request.

  38. PIA REQUEST REVIEW WHAT HOW WHEN

  39. Date stamp the request!

  40. PUBLIC

  41. § 552.139 § 552.104 § 552.139 PRIVATE

  42. CLARIFY

  43. 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

  44. Training and Resources county.org/legalpublications texasattorneygeneral.gov

  45. Questions? Give us a ring!

  46. 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

  47. • 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

Recommend


More recommend