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Lamar
State College-Orange
Open Records Policy
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 records 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, e-mail 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.
Information
to be released
- You may review it promptly,
and if it cannot be produced within 10 working days the Office of the
President 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.
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:
- request an Attorney
General opinion and state which exceptions apply;
- notify the requestor
of the referral to the Attorney General; and
- 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:
By
mail:
Dr. Mike Shahan
410 Front Street
Orange, TX 77630-5802
By
e-mail:
Mike.Shahan@lsco.edu
By
fax:
(409) 882-3098
In
person:
Office of the President
Ron E. Lewis Library, Office 308
290 N. 4th Street
Orange, Texas
For
complaints regarding failure to release public information,
please contact your local County or District Attorney.
You
may also contact the Office of the Attorney General, Open Records
Hotline, at 512-478-6736 or toll-free at 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, Bobbie Burgess,
at (409)882-3342.
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