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Public Information ActPublic Information Act && Open Meetings ActOpen Meetings Act Public Information Act & Open Meetings Act RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT
It’s the law!It’s the law! The Texas Public Information Act (PIA) gives the public the right to request access to government information. All information is presumed public unless there is a specific exception to disclosure. The Texas Public Information Act (PIA) gives the public the right to request access to government information. All information is presumed public unless there is a specific exception to disclosure. The stakes are high for public officials handling open records requests. Strict timelines exist for determining which records to release. There are potential criminal penalties if the City releases confidential information under state law or withholds records that should be open to the public. The stakes are high for public officials handling open records requests. Strict timelines exist for determining which records to release. There are potential criminal penalties if the City releases confidential information under state law or withholds records that should be open to the public. RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT
The Texas Public Information Act (PIA)The PIA is triggered when a person submits a written request for public information. The request can be submitted in any written form (email, fax, letter, or online form). The City’s preferred request form is available on its website and can also be submitted online. The Texas Public Information Act (PIA)The PIA is triggered when a person submits a written request for public information. The request can be submitted in any written form (email, fax, letter, or online form). The City’s preferred request form is available on its website and can also be submitted online. Clarifying the request:Clarifying the request: Receiving a Public Information Request Receiving a Public Information Request The governmental body must make a good faith effort to relate the request to information held. The governmental body must make a good faith effort to relate the request to information held. They may discuss how the request could be narrowed for clarification. They may discuss how the request could be narrowed for clarification. They may NOT inquire as to why the information is being requested.They may NOT inquire as to why the information is being requested. RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT
Public information is contained in records of all forms, including:Public information is contained in records of all forms, including: What is Subject to Public Information Requests? What is Subject to Public Information Requests? PaperPaper MicrofilmMicrofilm Computer dataComputer data EmailEmail Audio/ Video tapesAudio/ Video tapes PhotographsPhotographs MapsMaps DrawingDrawing RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT
Must “promptly” produce information for inspection, duplication, or both. It is a common misconception that a governmental body may wait ten business days before releasing the information. Must “promptly” produce information for inspection, duplication, or both. It is a common misconception that a governmental body may wait ten business days before releasing the information. The City must produce public information promptly The City must produce public information promptly Promptly” means as soon as possible under the circumstances. This generally means within a reasonable amount of time, without delay—Section 552.221(a) of the Texas Government Code. Promptly” means as soon as possible under the circumstances. This generally means within a reasonable amount of time, without delay—Section 552.221(a) of the Texas Government Code. What constitutes a reasonable amount of time depends on the facts of each case. Factors like the volume of information requested, the complexity of the request, and the availability of the information are highly relevant. What constitutes a reasonable amount of time depends on the facts of each case. Factors like the volume of information requested, the complexity of the request, and the availability of the information are highly relevant. A governmental body must produce information no later than ten business days from the date of the request. If they cannot meet that timeline, they must notify the requestor in writing, explaining why the delay is necessary, and provide a specific date and time when the information will be available for inspection or duplication. A governmental body must produce information no later than ten business days from the date of the request. If they cannot meet that timeline, they must notify the requestor in writing, explaining why the delay is necessary, and provide a specific date and time when the information will be available for inspection or duplication. RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT
The City’s responsibilities:The City’s responsibilities: Receive timely payment for copy and other charges.Receive timely payment for copy and other charges. Treat all requestors equally.Treat all requestors equally. Establish reasonable procedures for inspecting or copying information.Establish reasonable procedures for inspecting or copying information. Request and receive clarification for vague or overly broad requests.Request and receive clarification for vague or overly broad requests. Provide requested information promptly.Provide requested information promptly. Inform the requestor if the information will not be provided within 10 business days and provide a written estimate of when it will be available. Inform the requestor if the information will not be provided within 10 business days and provide a written estimate of when it will be available. Request an OAG ruling if information may or must be withheld.Request an OAG ruling if information may or must be withheld. Notify the requestor of cost estimates and confirm agreement to pay.Notify the requestor of cost estimates and confirm agreement to pay. Request a bond, prepayment, or deposit if estimated costs exceed $100.Request a bond, prepayment, or deposit if estimated costs exceed $100. RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT
There is no requirements to:There is no requirements to: Create a record if none exists.Create a record if none exists. Comply with standing requests.Comply with standing requests. Accept a request for a record to be created in the future.Accept a request for a record to be created in the future. Compile statistics, perform research, and answer questions.Compile statistics, perform research, and answer questions. Copy information onto material provided by the requestor.Copy information onto material provided by the requestor. RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT
Selected statutory exceptions that allow information to be withheld.Selected statutory exceptions that allow information to be withheld. What is Subject to Public Information Requests? What is Subject to Public Information Requests? Sec. 552.101 Information Confidential by Law. Sec. 552.102 Confidentiality of Certain Personnel Information. Sec. 552.103 Information Relating to Litigation. Sec. 552.104 Information Relating to Competition or Bidding. Sec. 552.105 Information Relating to Location or Price of Property. Sec. 552.108 Certain Law Enforcement Matters. Sec. 552.117 Confidentiality of Certain Addresses, Telephone Numbers, SS Numbers and Personal Family Matters. Sec. 552.1175 Confidentiality for peace officers. Sec. 552.127 Confidentiality of Personal Information relating to participants in Neighborhood Crime Watch Organization. Sec. 552.131 Confidentiality of certain economic development information. Sec. 552.132 Confidentiality of Crime Victim or Claimant Information. Sec. 552.137 Confidentiality of Certain Email Addresses. Sec. 552.143 Confidentiality of certain investment information. Sec. 552.147 Social Security Numbers. Sec. 552.148 Information Maintained by Municipality Pertaining to a Minor. Sec. 552.101 Information Confidential by Law. Sec. 552.102 Confidentiality of Certain Personnel Information. Sec. 552.103 Information Relating to Litigation. Sec. 552.104 Information Relating to Competition or Bidding. Sec. 552.105 Information Relating to Location or Price of Property. Sec. 552.108 Certain Law Enforcement Matters. Sec. 552.117 Confidentiality of Certain Addresses, Telephone Numbers, SS Numbers and Personal Family Matters. Sec. 552.1175 Confidentiality for peace officers. Sec. 552.127 Confidentiality of Personal Information relating to participants in Neighborhood Crime Watch Organization. Sec. 552.131 Confidentiality of certain economic development information. Sec. 552.132 Confidentiality of Crime Victim or Claimant Information. Sec. 552.137 Confidentiality of Certain Email Addresses. Sec. 552.143 Confidentiality of certain investment information. Sec. 552.147 Social Security Numbers. Sec. 552.148 Information Maintained by Municipality Pertaining to a Minor. RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT
Most judicial records are not subject to the Public Information Act. Courts must refer to the rules established by the Texas Supreme Court to determine their duty to provide access to court records. Most judicial records are not subject to the Public Information Act. Courts must refer to the rules established by the Texas Supreme Court to determine their duty to provide access to court records. Court RecordsCourt Records RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT
Charges imposed must comply with the Texas Building & Procurement Commission and the City’s Fee Schedule set by Ordinance: Charges imposed must comply with the Texas Building & Procurement Commission and the City’s Fee Schedule set by Ordinance: Cost for copiesCost for copies 10 cents per page for copies.10 cents per page for copies. An overhead charge and/or personnel charge may apply for requests over 50 pages. An overhead charge and/or personnel charge may apply for requests over 50 pages. RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT
The Texas Public Information Act (PIA) establishes criminal penalties for the release of information that must not be disclosed and for the withholding of information that must be released. The Texas Public Information Act (PIA) establishes criminal penalties for the release of information that must not be disclosed and for the withholding of information that must be released. RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT Criminal PenaltiesCriminal Penalties Release or withholding info:Release or withholding info: Destruction/alteration/concealment of records:Destruction/alteration/concealment of records: Misuse of confidential info:Misuse of confidential info: Fine up to $1,000.Fine up to $1,000. Up to 6 months in county jail, or both.Up to 6 months in county jail, or both. Fine from $25 to $4,000.Fine from $25 to $4,000. 3 days to 3 months in county jail, or both.3 days to 3 months in county jail, or both. Fine up to $1,000.Fine up to $1,000. Up to 6 months in county jail, or both.Up to 6 months in county jail, or both.
Call the City Secretary’s office if you havequestions or concerns. Most records are public information; however, certain information may need to be redacted from the record, including ss #’s, driver license #’s, date of birth, personal email address. Call the City Secretary’s office if you havequestions or concerns. Most records are public information; however, certain information may need to be redacted from the record, including ss #’s, driver license #’s, date of birth, personal email address. Seek AssistanceSeek Assistance There is a process for logging requests in the portal and ensuring that the information is provided promptly. There is a process for logging requests in the portal and ensuring that the information is provided promptly. RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT
The purpose of the Act is to help make governmental decision-making accessible to the public. It requires meetings of the governmental body to be open to the public, except for expressly authorized executive sessions; and The purpose of the Act is to help make governmental decision-making accessible to the public. It requires meetings of the governmental body to be open to the public, except for expressly authorized executive sessions; and Open Meetings ActOpen Meetings Act The public must be given notice of the time, place, and subject matter of the meeting, must be posted no less than seventy-two (72) hours prior to the meeting. The public must be given notice of the time, place, and subject matter of the meeting, must be posted no less than seventy-two (72) hours prior to the meeting. The City is required to post notice of its meetings on its City website.The City is required to post notice of its meetings on its City website. The City is also required to post notice on the bulletin board displayed for the public at City Hall. The City is also required to post notice on the bulletin board displayed for the public at City Hall. RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT
Please contact the City Secretary’s Office Please contact the City Secretary’s Office Angie Arenas, City Secretary Ext. 1311 hr@lancaster-tx.com Angie Arenas, City Secretary Ext. 1311 hr@lancaster-tx.com RECORDSRECORDS MANAGEMENTMANAGEMENT RECORDS MANAGEMENT