Transcript The Texas Public Information Act: Open Records Made Easy What is the Texas Public Information Act? The Texas Public Information Act (the “Public.

The Texas Public Information Act:
Open Records Made Easy
What is the Texas Public
Information Act?
The Texas Public Information Act (the “Public Information
Act”) was adopted in 1973 by the reform-minded 63rd
Legislature. The Sharpstown scandal, which occurred in
1969 and came to light in 1971, provided the motivation for
several enactments opening up government to the people.
The Public Information Act is now codified in the Texas
Government Code at Chapter 552. See the following
website for the text of the Act in its’ entirety:
http://tlo2.tlc.state.tx.us/statutes/statutes.html
Where can I find a reference to
this state law in a UT handbook or
policy?
UTS139 - Texas Public Information Act (formerly BPM 32-12-01)
sets forth procedures The University of Texas System follows for
complying with the Texas Public Information Act. The University of
Texas System includes The University of Texas System
Administration and the component institutions.
http://www.utsystem.edu/policy/policies/uts139.html
To what University officer must an
Open Records Request be directed?
A written Open Records Request should be forwarded to the
Vice President and Chief Financial Officer and Custodian of
Records for handling.
For U.S. mail delivery:
Mr. Kevin P. Hegarty
Vice President and Chief Financial Officer
The University of Texas at Austin
PO Box 8179
Austin, Texas 78713-8179
(512) 471-1422
For hand-delivery:
Office of Vice President and Chief Financial Officer
Main Bldg., Suite 102
G4900
For fax delivery:
(512) 471-7742
By electronic mail:
[email protected]
Except in the case of faxed and e-mail
requests, the Public Information Act does not
require that the public direct its open records
requests to any specific University employee
or officer. Generally, the deadlines involved in
handling open records requests are not put on
hold merely because the wrong University
staff member received the request. For this
reason, it is important that the University
clearly inform all of its employees what to do if
they receive a request for records.
How much time does the University
have to comply with an Open
Records Request?
The University must “promptly” produce the
public information.
There is often a
misconception that the Act requires copies
of public information be produced within ten
(10) days upon receipt of the written
request. The Act states that all requests
must be handled with good faith and must
be accomplished within a reasonable time
period.
If it will take the University longer than 10
business days to produce the records, the
University must certify that fact in writing to
the requestor. In the notice, the University
must indicate a set date and hour within a
reasonable time that the information will be
made available for inspection or duplication
(§552.221).
What types of records fall under the
Texas Public Information Act?
Public records include any information that is
collected, assembled, or maintained … by or for the
University and the University owns the information or
has a right of access to it. The Act applies to records
regardless of their format. It includes information that
is maintained in paper, tape, microfilm, video,
electronic data held in computer memory, as well as
other mediums specified under law.
Can the University substitute a new
document or produce a redacted copy of a
record in response to an Open Records
Request?
The University is required to make copies of the
actual records that exist. If authorized by law, the
University can cross through or otherwise excise the
confidential information. However, a governmental
body may not substitute a new document in which
only the non-confidential information is presented,
unless the requestor consents to the substitution.
What are some examples of
records that fall under the Open
Records Act?
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General University business records
Staff employee records
Faculty employee records
Education records
General University Business
Records
The following categories of information are public and not excepted
from disclosure under the Act:
§552.022(a)(1) - (18)
• (1)
• (3)
A completed report, audit, evaluation, or investigation …
Information in an account, voucher, or contract relating to the
receipt or expenditure of public funds …
• (13) A policy statement or interpretation that has been adopted or
issued …
• (14) Administrative staff manuals and instructions to staff that affect
a member of the public …
Faculty and Staff
Employment Records
The following categories of information are public and not
excepted from disclosure under the Act.
• The name, sex, ethnicity, salary, title and dates of
employment of each employee …
Do University faculty and staff have
a special right of access to their
University records?
An employee whose job requires or permits
access to certain public records would have
a special right of access to those records.
The transfer of information to University staff
is not considered a release to the public and
would not constitute selective disclosure.
Educational Records
The Family Educational Rights and Privacy Act
(FERPA) of 1974 (commonly known as the Buckley
Amendment) affords certain rights to students
concerning their education records.
(See also
Section 552.014 of the Act.)
Students have 3 primary rights under FERPA:
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to inspect and review their education records;
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to have some control over the disclosure of
information from their education records; and
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to seek to amend their education records.
Educational Records
(Public Directory Information)
Directory information is defined as a student’s:
• name
• local and permanent addresses
• electronic e-mail addresses
• telephone listing
• date and place of birth
• major field of study
• participation in officially recognized activities and sports
• weight and height if a member of an athletic team
• dates of attendance
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degrees
awards and honors received (including selection criteria)
the most recent previous educational institution attended
a student’s classification
expected date of graduation
names and addresses of former students credited with funds
remaining in their general property deposit
• student parking permit information
General Information Handbook: 2006-2007, Appendix C,
Chapter 9, Subchapter 9-200
For questions regarding FERPA:
Patricia “Jane” Shaughness, Office of the Registrar, 475-7638
Non-Public Information
Some of the information maintained by The University of Texas
at Austin may contain information that is not public, such as the
following:
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student information/records;
medical information/records;
drivers license and motor vehicle information;
attorney-client communications;
attorney work product;
documents made confidential by statute (other law);
documents claimed to be proprietary by a third party (trade
secret information).
How much does it cost to obtain
copies of University records?
Charges for copies of public information are set by the
Attorney General’s Office. Generally, if the number of copies
in your request is less than 50 pages, the charge will be $0.10
per page plus the cost of postage (or other delivery method, at
your request). UT Austin policy is to waive charges for 50 or
less copies.
If the number of copies is more than 50 pages, the charge will
be $0.10 per page plus personnel costs necessary to compile
the documents, in addition to the postage.
Programming and Manipulation of
Electronic Data (§552.231)
Occasionally, the University determines that responding to an Open
Records Request will require programming and manipulation of
electronic data to compile the requested information in the
requested format. Current Open Records law requires that the
University provide a written statement of the cost to the requestor
within 20 days upon receipt of the request or upon clarification of
the request. Should the University require more time to complete
our estimate, we have an additional 10 days to provide a written
cost estimate. The only requirement is that we provide the
requestor with written notice within the first 20 days that the
University will need more time to complete our estimate.
Cost for Copies
(§552.261)
• The charge for providing a copy shall be an amount
that reasonably includes all costs related to
reproducing the public information, including costs of
materials, labor and overhead.
• For a request of 50 or fewer pages, the charge for
providing a copy may not include costs of materials,
labor or overhead. It is limited to the charge per
page, unless the documents are located in two or
more separate buildings, or a remote storage facility.
Required Itemized Estimate of
Charges (§552.2615)
• If a request for copies will exceed $40.00, or a
request to inspect will result in a charge under
§552.271 that exceeds $40.00, then the University
shall provide a written itemized statement that details
all estimated charges that will be imposed, including
any allowable charges for labor or personnel costs.
• Failure to provide a timely cost estimate will result in
losing the ability to recover actual charges, when they
exceed $40.00.
Cost to Inspect
(§552.271)
• (a) If a requestor does not request a copy of public
information, a charge may not be imposed for making
available for inspection any public information that
exists in a paper record …
• (b) if a page contains confidential information that
must be edited from the document before it can be
released, the University may charge for the cost of
making a copy of the edited page. No other charge
may be imposed.
Cost to Inspect
Cont’d (§552.271)
The University may require the requestor to make a
deposit or post a bond for payment of anticipated
personnel costs for making available for inspection
documents IF the information is:
(1) Older than five years; or
(2) Completely fills, or when assembled, will
completely fill 6 or more archival boxes; and
(3) The University estimates that more than 5 hours
will be required to make the public information
available for inspection.
Requests Requiring More Than 36
Hours of Personnel Time
36 Hour Rule
Each requestor is limited to 36 hours of time per 12 month fiscal year
that personnel of the institution are required to spend producing public
information for inspection and duplication, or providing copies to the
requestor, without recovering its cost attributable to that personnel time.
If, in connection with a request, the cumulative amount of personnel
time spent complying with requests from the same requestor is
expected to equal or exceed 36 hours, the University shall provide the
requestor with a written estimate of the total cost, including materials,
personnel time, and overhead expenses necessary to comply with the
request. The written estimate must be provided to the requestor on or
before the 10th day (calendar day) after the date on which the public
information was requested.
Attorney General Ruling
Time is of the essence. Institutions seeking to
withhold requested information must notify
the UT System Office of General Counsel.
OGC must request an AG Ruling within 10
business days from the date that the request is
received.
Attorney General Ruling
Proprietary Information to a Third
Party
The University shall make a good faith attempt
to notify a person (or party) of the request for an
AG Ruling.
Who can I contact with questions
about the Open Records Act?
Margo Iwanski
Executive Assistant
471-1422
Annela M. Lopez
Administrative Associate
Office of the Vice President & Chief Financial Officer
Main Bldg., Suite 102
471-8300
[email protected]
Frequently Requested Information:
www.utexas.edu/business/vp/open_records.html
Closing Thoughts
The Open Records Act
• 10-Day Deadlines
• Implications of Record Retention on the
Open Records Act
• Questions for the group
THE END
Section 552.1235
Identity of a Private Donor
• §552.1235 of the Texas Public Information Act, Government
Code, excepts from public disclosure:
(a) "the name or other information that would tend to disclose
the identity of a person, other than a governmental body, who
makes a gift, grant, or donation of money or property to an
institution of higher education;
(b) subsection (a) does not except from required disclosure the
amount or value of an individual gift, grant, or donation.
Section 552.1235
(con’t)
§552.1235, Government Code, does not provide a definition of
"person.“ The Attorney General’s Office looks to the definition
provided in the Code Construction Act.
"Person" includes corporation, organization, government or
governmental subdivision or agency, business trust, estate,
trust, partnership, association, and any other legal entity.