Understanding Public Information Requests in Government Employment
Learn about different types of public information requests in government employment, the process involved in handling HR PIRs for employee information, and the responsibilities of city secretaries in managing and disclosing public records under the Texas Public Information Act (TPIA).
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Presentation Transcript
VE R RECEIVED ECEIVED A A P PUBLIC I INFORMATION W WE E VE NFORMATION R REQUEST G GOVERNMENT OVERNMENT E EMPLOYEE UBLIC EQUEST ON MPLOYEE N NOW OW W WHAT ON A A HAT? ? Olson & Olson 15th Annual Local Government Seminar Crystal Dozier, City Secretary, City of Hunters Creek Doris Speer, City Secretary, City of Tomball January 31, 2019
Types of Public Information Requests Police Reports re Accidents, Arrests Court Information re Tickets, Defensive Driving Fire Incident Reports Public Works Construction Permits, Specific Address Information Human Resources Personnel Files
Public Information Requests - HR PIRs for employee information can be tricky While MOST of the information is subject to disclosure SOME of the information is confidential by law
Public Information Requests - HR City secretary sends PIR departments/individuals (2-3 days later) Department/individuals sends information city secretary
Public Information Requests - HR Some material may contain information that could be exempted from disclosure under TPIA. The city secretary can/will advise the requestor that TPIA allows certain redactions.
Public Information Requests - HR Your job: -provide a copy of the records -file size should be relative to length of employment Our job: - make reviews and redactions - make requests to the AG when necessary
Public Information Requests - HR You do not have to calculate statistics, perform legal research, or prepare answers to questions reports through your system (Excel, Adobe pdf, etc., with a minimum of manipulation), are acceptable If the information is embarrassing or an invasion of privacy we will request a special ruling from the AG.
Public Information Requests - HR The information must be released within 10 business days, or some type of response must be made to the requestor
Public Information Requests HR Exceptions: current service member s military personnel information public employee's personal information held by governmental body in its capacity as employer motor vehicle records account and access device numbers family violence shelter center, victims of trafficking shelter center, or sexual assault program public employee's personal information held by governmental body in non-employment capacity
Public Information Requests - HR Remember! The PIR officer/city secretary needs to RUN, not walk, to the city attorney s office if you have documents the City may not want to disclose. The CA will determine if the information is releasable. If it isn t, the CA (or the PIR officer/city secretary) must write to the AG for a ruling in a timely manner 10 business days. Time is ticking!
PENALTIES Failure to provide requested information or destruction, removal or alteration of public information can result in: civil penalties (writs of mandamus, declaratory judgments or injunctive relief), formal complaints/legal action, and/or criminal penalties, including fines and/or county jail time, against the governmental body and the individual employee filed by the requestor, the county or district attorney, or the Attorney General and constitutes official misconduct.
Help Us (and O&O) to Help You! City Attorney or PIR/CS Handles for Response Public Information Request Received Dept. Liaison Provides Records PIR Officer or City Secretary Successful Completion of Response to PIR
We are dedicated to helping YOU! Your PIR Officer/City Secretary is dedicated to helping you City Secretaries receive continuous training in the Texas Public Information Act; We offer training for anyone who desires to attend our Annual PIA Seminar at Stafford; and Olson & Olson provides training for its partners and clients through opportunities like today s Seminar.
TOGETHER, WEARE CHAMPIONS! QUESTIONS?
