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The
Public Information Act
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| 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 judical decision,
or information for which an exception to disclosure has not been
sought. |
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Rights
of Requestors
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| 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 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.
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Rights
of Requestors Regarding Information Located on Campuses
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Local
District Policy GBAA (Requests for Information located on campuses)
Updated June 20, 2005
Persons desiring
to review documents maintained by the District and classified
as Open Records shall submit their request in writing. The request
shall properly identify the document, or documents, to be inspected.
The applicant’s name and address must be set forth on the
application. A picture identification card, such as a driver’s
license, may be required to verify the person’s identity.
Requests will be handled in the order in which they are received.
In the event the requested documents are in active use or in storage
and, therefore, not available at the time the application to review
documents is submitted, the Superintendent or designee shall set
forth this fact in writing on the application, and set a date
and hour at which time the requested materials will be available
for inspection.
Persons inspecting documents may do so only in campus administrative
offices or the Education Center, and a District employee shall
be available for assistance.
The Superintendent or designee may limit the number of pages that
can be copied and supplied during a person’s visit, if the
number of copies requested is beyond the reasonable capacity of
the available personnel and machines. Copies in excess of the
number available during a person’s visit will be made and
mailed to the
applicant in the order in which the request is received.
Requests to review documents must be approved by an employee authorized
to do so.
Documents may be inspected during regular school hours.
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Responsibilities
of Governmental Bodies
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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 accommodations in
accordance with ADA requirements;
- Be
informed about open record laws and educate employees on the
requirements of those laws;
- Inform
requestors of the estimated charges greater than $40 and any
changes in the estimated 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.
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Procedures
to Obtain Information
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- 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
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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.
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:
- 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.
- Faliure
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 may request an additional 10 working day extension.
- 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.
- GUIDELINES
FOR COPY CHARGES
(Updated June 20, 2005)
The charges in this exhibit, to recover costs associated with
providing copies of public information, are based on estimated
average costs to governmental bodies across the state.
1. Standard-paper copy. The charge for standard-paper copies
reproduced by means of
an office machine copier or a computer printer is $.10 per
page or part of a page. Each
side that has recorded information is considered a page.
2. Nonstandard-size copy. The charges for nonstandard copies
are:
a. Diskette — $1.00
b. Magnetic tape — actual cost
c. Data cartridge — actual cost
d. Tape cartridge — actual cost
e. Rewritable CD (CD–RW) — $1.00
f. Non-rewritable CD (CD–R) — $1.00
g. Digital video disc (DVD) — $3.00
h. JAZ drive — actual cost
i. Other electronic media — actual cost
j. VHS video cassette — $2.50
k. Audio cassette — $1.00
l. Oversize paper copy (e.g., 11” x 17”, greenbar,
bluebar, not including maps and
photographs using specialty paper) — $.50
m. Specialty paper (e.g., Mylar, blueprint, blueline, map,
photographic) — actual cost
Personnel charges are as follows:
1. If a particular request requires the services of a programmer
in order to execute an
existing program or to create a new program so that requested
information may be
accessed and copied, the District may charge for the programmer’s
time. The hourly
charge for a programmer is $28.50 an hour, which includes
fringe benefits. Only programming
services will be charged at this hourly rate. Districts that
do not have inhouse
programming capabilities will comply with requests in accordance
with Government
Code 552.231. [See CQ]
2. The charge for labor costs incurred in processing a request
for public information is
$15 an hour, which includes fringe benefits. The labor charge
includes the actual
time to locate, compile, and reproduce the requested information.
3. A labor charge will not be billed in connection with complying
with requests that are for
50 or fewer pages of paper records, unless the documents to
be copied are located in
two or more separate buildings that are not physically connected
to each other or a
remote storage facility. For purposes of this provision, two
buildings connected by a
covered or open sidewalk, an elevated or underground passageway,
or a similar facility,
are not considered to be separate buildings.
4. A labor charge should not be recovered for any time spent
by an attorney, legal assistant,
or any other person who reviews the requested information:
a. To determine whether the District will raise any exceptions
to disclosure of the
requested information under Government Code, Subchapter C,
Chapter 552; or
b. To research or prepare a request for a ruling by the attorney
general’s office pursuant
to section 552.301 of Government Code. [See CQ]
5. When confidential information pursuant to a mandatory exception
of the Act is mixed
with public information in the same page, a labor charge may
be recovered for time
spent to redact, blackout, or otherwise obscure confidential
information in order to
release the public information. A labor charge will not be
made for redacting confidential
information for requests of 50 or fewer pages, unless the
request also qualifies as a
labor charge pursuant to Government Code 552.261(a)(1) or
(2).
Overhead charges are as follows:
1. Whenever any labor charge is applicable to a request, the
District may include in the
charges direct and indirect costs, in addition to the specific
labor charge. This overhead
charge would cover such costs as depreciation of capital assets,
rent, maintenance and
repair, utilities, and administrative overhead. If the District
chooses to recover such
costs, a charge will be made in accordance with the methodology
described in item 3
below. Although an exact calculation of costs will vary, the
use of a standard charge will
avoid complication in calculating such costs and will provide
uniformity for charges
made statewide.
2. An overhead charge will not be made for requests for copies
of 50 or fewer pages of
standard paper records unless the request also qualifies for
a labor charge pursuant to
Government Code 552.261(a)(1) or (2).
3. The overhead charge will be computed at 20 percent of the
charge made to cover any
labor costs associated with a particular request. For example,
if one hour of labor is
used for a particular request, the formula would be as follows:
Labor charge for locating,
compiling, and reproducing, $15.00 x .20 = $3.00; or programming
labor charge,
$28.50 x .20 = $5.70. If a request requires one hour of labor
charge for locating, compiling,
and reproducing information ($15.00 per hour); and one hour
of programming
labor charge ($28.50 per hour), the combined overhead would
be: $15.00 + $28.50 =
$43.50 x .20 = $8.70.
Microfiche and microfilm charges are as follows:
1. If the District already has information that exists on
microfiche or microfilm and has copies
available for sale or distribution, the charge for a copy
must not exceed the cost of
its reproduction. If no copies of the requested microfiche
or microfilm are available and
the information on the fiche or film can be released in its
entirety, the District should
make a copy of the fiche or film. The charge for a copy must
not exceed the cost of reproduction.
Districts that do not have in-house capability to reproduce
microfiche or microfilm
are encouraged to contact the Texas State Library before having
the reproduction
made commercially.
2. If only a master copy of information in microform is maintained,
the charge is $.10 per
page for standard-size paper copies plus any applicable labor
and overhead charge for
more than 50 copies.
Remote document retrieval charges are as follows:
1. Due to limited on-site capacity of storage of documents,
it is frequently necessary to
store information that is not in current use in remote storage
locations. Every effort
should be made by the District to store current records on-site.
To the extent that the
retrieval of documents results in a charge to comply with
a request, it is permissible to
recover costs of such services for requests that qualify for
labor charges under current
law.
2. If the District has a contract with a commercial records
storage company, whereby the
private company charges a fee to locate, retrieve, deliver,
and return to storage the
needed record(s), no additional labor charge will be factored
in for time spent locating
documents at the storage location by the private company’s
personnel. If after delivery
to the District, the boxes must still be searched for records
that are responsive to the
request, a labor charge is allowed in accordance with item
2 under personnel charges,
above.
Computer resource charges are as follows:
1. The computer resource charge is a utilization charge for
computers based on the amortized
cost of acquisition, lease, operation, and maintenance of
computer resources,
which might include, but is not limited to, some or all of
the following: central processing
units (CPUs), servers, disk drives, local area networks (LANs),
printers, tape
drives, other peripheral devices, communications devices,
software, and system
utilities.
2. These computer resource charges are not intended to substitute
for cost recovery
methodologies or charges made for purposes other than responding
to public information
requests.
3. The charges in this section are averages based on a survey
of governmental bodies
with a broad range of computer capabilities. Each district
using this cost recovery
charge will determine which category(ies) of computer system(s)
used to fulfill the public
information request most closely fits its existing system(s)
and set its charge accordingly:
- Mainframe $10 per CPU minute
-Midsize $ 1.50 per CPU minute
-Client/Server $ 2.20 per clock hour
-PC or LAN $ 1 per clock hour
4. The charge made to recover the computer utilization cost
is the actual time the computer takes to execute a particular
program times the applicable rate. The CPU charge
is not meant to apply to programming or printing time; rather,
it is solely to recover
costs associated with the actual time required by the computer
to execute a program.
This time, called CPU time, can be read directly from the
CPU clock, and most frequently
will be a matter of seconds. If programming is required to
comply with a particular
request, the appropriate charge that may be recovered for
programming time is
described above, at Personnel Charges. No charge should be
made for computer printout
time. For example, if a mainframe computer is used, and the
processing time is 20
seconds, the charges would be as follows: $10.00 / 3 = $3.33;
or $10.00/(60 / 20) = $3.33.
A district that does not have in-house computer capabilities
will comply with requests in
accordance with Government Code 552.231. [See CQ]
The actual cost of miscellaneous supplies, such as labels,
boxes, and other supplies used to produce the requested information
may be added to the total charge for public information. Governmental
bodies may add any related postal or shipping expenses that
are necessary to transmit the reproduced information to the
requesting party.
Pursuant to Office of the Comptroller of Public Accounts’
rules, sales tax will not be added on charges for public information.
(34 TAC, Part 1, Chapter 3, Subchapter O, Sections 3.341 and
3.342).
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Contact
Information
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| To
request information from this governmental body, please contact:
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| Stephanie
Ferguson |
| Public
Information Officer |
| New
Braunfels ISD |
| 430
W. Mill St. |
| New
Braunfels, TX 78130 |
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| By
e-mail to: sferguson@newbraunfels.txed.net |
| By
fax to: 830-643-5701 |
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| In
person at: |
| 430
W. Mill St. |
| New
Braunfels, TX 78130 |
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| For
complaints regarding failure to release public information please
contact your local County or District Attorney at Comal County Courthouse
at 830-620-5501. |
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| 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. |
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| For
complaints regarding overcharges, please contact the General Services
Commission at 512-475-2497. |
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| If
you need special accommodation pursuant to the Americans with Disabilities
Act (ADA), please contact our ADA coordinator. |
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