Open Records Policy Flashcards
The Open Records Act is based upon what principle?
The public’s right to expect its agencies to execute their statutory functions. A policy of disclosure provides the impetus to review whether public servants are indeed serving the public. The purpose of the disclosure focuses on the public’s right to be informed as to what the government is doing by monitoring the effectiveness of the government agency.
What limits the public’s right to know under the Open Records Act?
Exemptions established by statute, such as protecting private individuals’ right to live their lives without unwarranted interference, protecting an agency’s decision-making process, protecting confidential and proprietary business records, and protecting taxpayer money.
What responsibilities do departments, divisions, and offices have regarding records custodianship?
Each department, division, and office shall designate a records custodian and a back-up records custodian. The records custodian shall be primarily responsible for making timely responses to requests and for gathering and redacting documents. A back-up records custodian shall be designated to ensure timely responses even if the primary custodian is unavailable.
What are examples of government records that must be made available upon request?
Ordinances, resolutions, executed contracts, opened bids, handbooks, training materials (unless they relate to jail or police security), time records, work orders, accounts payable, material discussed or adopted at an open session of a public meeting, employee disciplinary actions, and employee gross salaries.
Are oral requests considered formal under the Open Records Act?
No, oral requests are not formal open records requests under the law. However, if certain conditions are met and the document is readily available and nonexempt, it can be released without requiring a written request.
What documentation should records custodians maintain regarding open records requests?
Each records custodian shall keep an open records log documenting the date the request was received, the assigned log number, the name of the requestor, a brief explanation of the request, and the date or dates a responsive letter was sent. Logs and responsive correspondence shall be retained for specific periods according to the records retention policy.
What defines a ‘resident of the Commonwealth’ regarding open records requests?
A resident of the Commonwealth includes individuals residing in the Commonwealth, domestic and foreign business entities with locations in the Commonwealth, individuals employed and working in the Commonwealth, individuals or entities owning real property in the Commonwealth, and authorized representatives. News-gathering organizations as defined by law are also included.
What are the charges for copies of records under the Open Records Act?
Charges include 10 cents per page for photocopies, actual cost for oversize copies and photographs, actual cost for video or audio recordings, actual cost for computer disc transfer, and postage for mailed copies. Records sent via email incur no cost if the requestor provides the CD or DVD for transfer.
What are the acceptable methods for submitting open records requests?
Open records requests will be accepted in written form by mail carrier, fax, hand-delivery, or through electronic means (email or electronic form).
What options are available for submitting electronic open records requests?
Electronic requests can be submitted through the online form provided on LFUCG’s open records website, by emailing the form provided by the Attorney General to the LFUCG records custodian, or via written request to the email address of the LFUCG records custodian.
What is the timeframe for responding to written open records requests?
Written responses must be sent within five business days, excluding the day the request is received. If a request is received on Monday, the response due day is the following Monday.
Can responses to open records requests be sent via email?
Yes, responses can be sent via email if the requestor provides an email address. However, the response must be in PDF form attached to the email in the same format as a response sent via mail or fax.
What should be done if an open records request does not pertain to a division or custodian?
If a division receives a request that does not pertain to it or if a custodian receives a request for another division, it should be immediately forwarded to the proper division’s record custodian, as the response time begins when any division receives the request.
