Posted on 11/24/2015 5:36:41 PM PST by Elderberry
If you've seen news reports about suspicious state contracts or chemical waste pits or officials' text messages in the Waco biker shootout, you may notice a recurring theme: government records obtained through the Texas Public Information Act.
Fortunately, our state’s public information law, created in the early 1970s, presumes government records are open unless a specific exemption in the law keeps the documents off-limits.
The public has a right to know. That means all citizens - not only journalists - can access government records.
"It's very easy," said award-winning reporter Melissa Correa of KRGV-TV in Weslaco, recently explaining her use of the information law. She carries printed sections of the law with her and requests items such as government audits, receipt books and salaries. "Every time a Public Information Act request comes back, it's like Christmas."
Anyone can do the same and hold elected officials accountable.
When using the Texas Public Information Act, which applies to state and local government records, know your rights and keep these tips in mind:
First, check to see if the information is online. Some government agencies post frequently requested information on their websites. It makes the records easily available and reduces staff time needed to fulfill individual requests. A government agency can direct a public records requester to its website if the information is there. But the requester can also ask for a different electronic format or paper documents.
Submit your request in writing. This triggers the act and the timely response required of the government. The Freedom of Information Foundation of Texas website, www.foift.org, provides a sample letter, but no special wording is needed.
Be specific. Keep your request as narrow as possible. This lets the public records official know exactly what you are looking for and saves time for all involved. A government official cannot ask why you want the information. But he or she can, in good faith, ask you to clarify your request if it seems overly broad or vague. If you choose to clarify, it resets the response timeline, but it can help you obtain the records faster in the long run.
Know the deadlines. Information is to be provided promptly, or as soon as possible without delay. If it cannot be provided within 10 business days, the government agency must certify that in writing and set a release date within a reasonable time period. If the agency wants to withhold records, it must notify the Texas Attorney General's Office within 10 business days that it's seeking such a ruling. The attorney general has up to 45 business days to issue a decision.
Follow up. If you don't receive information or a timely notification about an attorney general ruling request, ask the government agency what's up. If necessary, you can file a complaint with the attorney general's office. Once information is made available, if it needs to be retrieved or examined in person, do it right away. Don't leave it sitting there.
Be aware of cost rules. Government entities may charge to recoup certain costs incurred in collecting and producing information. Allowable charges are spelled out by the attorney general's office. A summary of cost rules is on the FOI Foundation website. Realize that instead of receiving copies of the material, you can usually view it in person for free.
Use helpful resources. Along with resources listed on its website, the FOI Foundation offers a free hotline at 1-800-580-6651, where volunteer attorneys answer general questions about the Texas Public Information Act and Texas Open Meetings Act. Both the foundation and the Texas Attorney General's Office provide open government training seminars.
Remember that many government employees are themselves open government advocates who understand they are the custodians - not the owners - of our records. Be polite, assert your rights, and make good use of your public information.
ATF Denies Being an ‘Agency’ to Avoid FOIA Compliance Requirements
By David Codrea on August 11, 2015
Anyone know if the VA police records are covered?
Just a thought, since these people who work for the government accept benefits and wages for these government positions..... a belief that there should be no wrong doings there how can one plead the 5th if they accepted these positions?
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