Transcript Elected Officials and Health Department Records Indiana Public Health Foundation February 27, 2008

Elected Officials and Health
Department Records
Indiana Public Health Foundation
February 27, 2008
Access to Public Records Act
Basics
“Providing persons with the information is
an essential function of a representative
government and an integral part of the
routine duties of public officials and
employees, whose duty it is to provide the
information.”
 The full text of APRA can be found at Ind.
Code 5-14-3.

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Access to Public Records Act

Key definitions
– “Public Record” means any writing, paper,
report, study, map, photograph, book, card,
tape recording, or other material that is
created, received, retained, maintained, or
filed by or with a public agency and which is
generated on paper, paper substitutes,
photographic media,...
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APRA Overview

“Public record” continued:
– chemically based media, magnetic or machine
readable media, electronically stored data, or
any other material, regardless of form or
characteristics.
– The Indiana Court of Appeals has added to
this definition materials created for or on
behalf of a public agency. Knightstown
Banner, LLC v. Town of Knightstown, 838
N.E.2d 1127 (Ind. Ct. App. 2005)
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Access to Public Records Act
Basics

“Copy” includes photocopying as well as
making a digital copy using a digital
camera or a hand-held scanner.

“Inspect” includes the right to make notes,
abstracts and memoranda, or to listen to
an audiotape.
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Access to Public Records Act
Basics
The agency may require a person to
submit a request for a public record in
writing, on or in a form supplied by the
agency.
 The agency shall either make the
requested copy or allow the person to
make a copy on the agency’s equipment
or on the person’s own equipment.
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Access to Public Records Act
Basics
An agency must make reasonable efforts
to provide a copy of electronic data to a
person if the medium requested is
compatible with the agency’s system.
 If a record contains disclosable and
nondisclosable information, the agency
shall separate the disclosable material and
make it available.
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Access to Public Records Act
Basics

Public Agency’s Responsibility
– Respond to requests made in person or over
telephone within 24 hours of receipt.
– Respond to mailed, faxed, or e-mailed
requests within 7 calendar days of receipt.
– Respond in writing to written requests for
records; best practice is to respond to all
requests in writing.
– Responding is not necessarily producing the
record.
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Access to Public Records Act
Basics

Agency’s Responsibility, continued
– If denying records, state reason for denial
with citation to authority, and give name and
title or position of person responsible for
denial.
– Produce records in reasonable time;
communication with person requesting is key.
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Access to Public Records Act
Basics

Exemptions to disclosure I.C. § 5-14-3-4
– Section 4(a) categories are confidential
– Declared confidential by state statute or federal law
– Declared confidential by rule adopted by a public
agency under specific authority granted to the agency
by statute
– Patient medical records and charts created by a
provider, unless the patient gives written consent
under I.C. 16-39
– A Social Security number contained in the records of
a public agency
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Access to Public Records Act
Basics

Section 4(b) are discretionary categories
– Investigatory records of law enforcement
– Attorney work product
– Personnel file information, except for
information that must be disclosed
– Deliberative material – expressions of opinion
or speculative in nature and communicated
for the purposes of decision making
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Access to Public Records Act Basics

Definition of “provider”:
– Provider has the meaning set forth in I.C. §
16-18-2-295(b) and includes employees of the
state department of health or local boards of
health who create patient records at the
request of another provider or who are social
workers and create records concerning the
family background of children who may need
assistance. I.C. § 5-14-3-2(k).
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Access to Public Records Act
Basics

Fees
– Public agencies may charge the fee established by
fiscal body or governing body if there is no fiscal
body; may not exceed $.10 per page for black and
white copies or actual cost to make the copy,
whichever is greater
– The APRA’s general provisions regarding fees are
superseded by a specific statute allowing higher fee.
– Agencies may require advance payment.
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Access to Public Records Act Basics

Retention of records
– The APRA requires an agency to protect
records from loss, alteration, mutilation, or
destruction.
– Each agency must follow the agency’s
retention schedule adopted by the Oversight
Commission on Public Records; the state
general retention schedule covers records
which are not agency-specific.
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Use of Technology
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Access Laws do not always keep pace with
technological advances.
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But the purpose behind the law is
constant and should be kept in mind when
addressing new issues in public access.
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Use of Technology

Electronic Mail
– Any record, including electronic media,
created received, retained, maintained, or
filed by or with a public agency is a public
record.
– Therefore, electronic mail is a public record if
it is created, received, retained, maintained,
or filed with a public agency, including a
governing body.
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Use of Technology
Electronic mail must be available for inspection
and copying by the governing body.
 Electronic mail must be maintained in
accordance with records retention schedules,
under IC 5-15.
 The state email retention policy is to view the
email based on the content rather than the
medium; “email” is not its own type of record.
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Contact Information

Public Access Counselor
– 402 West Washington Street, W460
Indianapolis 46204
– Fax: 317.233.3091
– Phone: 317.234.0906
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Commission on Public Records
– 402 West Washington Street, W472
Indianapolis 46204
– Phone: 317.232.3380
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