|
| |
07/27/04 Another Civics 101 Lesson
This Constitutional Informational Act is required to
be posted in all municipalities throughout Texas.
Citizens are encouraged to use it...
The Public Information Act
Texas Government Code, Chapter 552, gives you the right to
access government records; and an officer for public information and the
officer. s agent may not ask why you want them. All government information is
presumed to be available to the public. Certain exceptions may apply to the
disclosure of the information. Governmental bodies shall promptly release
requested information that is not confidential by law, either constitutional,
statutory, or by judicial decision, or information for which an exception to
disclosure has not been sought.
Rights of Requestors
You have the right to:
- Prompt access to information that is not confidential or otherwise
protected;
- Receive treatment equal to all other requestors, including
accommodation in accordance with the Americans with Disabilities Act (ADA)
requirements;
- Receive certain kinds of information without exceptions, like the
voting record of public officials, and other information;
- Receive a written itemized statement of estimated charges, when
charges will exceed $40, in advance of work being started and opportunity to
modify the request in response to the itemized statement;
- Choose whether to inspect the requested information (most often at
no charge), receive copies of the information or both;
- A waiver or reduction of charges if the governmental body
determines that access to the information primarily benefits the general
public;
- Receive a copy of the communication from the governmental body asking the
Office of the Attorney General for a ruling on whether the information can be
withheld under one of the accepted exceptions, or if the communication
discloses the requested information, a redacted copy;
- Lodge a written complaint about overcharges for public information with
the General Services Commission. Complaints of other possible violations may
be filed with the county or district attorney of the county where the
governmental body, other than a state agency, is located. If the complaint is
against the county or district attorney, the complaint must be filed with the
Office of the Attorney General.
Responsibilities of Governmental Bodies
All governmental bodies responding to information requests have the
responsibility to:
- Establish reasonable procedures for inspecting or copying public
information and inform requestors of these procedures;
- Treat all requestors uniformly and shall give to the requestor all
reasonable comfort and facility, including accommodation in accordance with
ADA requirements;
- Be informed about open records laws and educate employees on the
requirements of those laws;
- Inform requestors of the estimated charges greater than $40 and any
changes in the estimates above 20 percent of the original estimate, and
confirm that the requestor accepts the charges, or has amended the
request, in writing before finalizing the request;
- Inform the requestor if the information cannot be provided promptly and
set a date and time to provide it within a reasonable time;
- Request a ruling from the Office of the Attorney General regarding
any information the governmental body wishes to withhold, and send a copy of
the request for ruling, or a redacted copy, to the requestor;
- Segregate public information from information that may be withheld
and provide that public information promptly;
- Make a good faith attempt to inform third parties when their
proprietary information is being requested from the governmental body;
- Respond in writing to all written communications from the General Services
Commission regarding charges for the information. Respond to the Office of the
Attorney General regarding complaints about violations of the Act.
Procedures to Obtain Information.
- Submit a request by mail, fax, email or in person according to a
governmental body's reasonable procedures.
- Include enough description and detail about the information requested to
enable the governmental body to accurately identify and locate the information
requested.
- Cooperate with the governmental body's reasonable efforts to clarify the
type or amount of information requested.
A. Information to be released
- You may review it promptly, and if it cannot be produced within 10 working
days the public information officer will notify you in writing of the
reasonable date and time when it will be available.
- Keep all appointments to inspect records and to pick up copies. Failure to
keep appointments may result in losing the opportunity to inspect the
information at the time requested.
Cost of Records
- You must respond to any written estimate of charges within 10 days of the
date the governmental body sent it or the request is considered automatically
withdrawn.
- If estimated costs exceed $100.00 (or $50.00 if a governmental body has
fewer than 16 full time employees) the governmental body may require a bond,
prepayment or deposit.
- You may ask the governmental body to determine whether providing the
information primarily benefits the general public, resulting in a waiver or
reduction of charges.
- Make a timely payment for all mutually agreed charges. A governmental body
can demand payment of overdue balances exceeding $100.00, or obtain a security
deposit, before processing additional requests from you.
B. Information that may be withheld due to an exception
- By the 10th business day after a governmental body receives your written
request, a governmental body must:
1. request an Attorney General opinion and state which exceptions apply;
2. notify the requestor of the referral to the Attorney General; and
3. notify third parties if the request involves their proprietary
information.
- Failure to request an Attorney General opinion and notify the requestor
within 10 business days will result in a presumption that the information is
open unless there is a compelling reason to withhold it.
- Requestors may send a letter to the Attorney General arguing for release,
and may review arguments made by the governmental body. If the arguments
disclose the requested information, the requestor may obtain a redacted copy.
- The Attorney General must issue a decision no later than the 45th working
day from the day after the attorney general received the request for a
decision. The attorney general may request an additional 10 working day
extension.
- Governmental bodies may not ask the Attorney General to "reconsider" an
opinion.
- To request information from this governmental body, please contact:
The department that owns and creates the records, if known.
Else, contact the Records Management officer at the address below.
You may send your request
By mail: Records Management Officer, Office of the
City Secretary, 1500 Marilla St Rm 5DS
Dallas, Texas 75201
By e-mail: ldillar@ci.dallas.tx.us
By fax: (214) 670-5029
In person: City Hall, Room 5 D South; Office of the
City Secretary
For complaints regarding failure to release public information please
contact your local County or District Attorney at:
You may also contact: Office of the Attorney
General, Open Records Hotline, 512-478-6736 or toll-free 1-877-673-6839.
For complaints regarding overcharges, please contact the General Services
Commission at 512-475-2497.
If you need special accommodation pursuant to the Americans With Disabilities
Act (ADA), please contact our ADA coordinator, Steve Mayeaux at (214) 670-3585.
| |

|