We’ve Received a Public Information Request on a Government Employee – Now What? 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

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! Give a brief overview of the presentation. Describe the major focus of the presentation and why it is important. Introduce each of the major topics. To provide a road map for the audience, you can repeat this Overview slide throughout the presentation, highlighting the particular topic you will discuss next.

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! Microsoft Engineering Excellence Help Us (and O&O) to Help You! City Attorney or PIR/CS Handles for Response Dept. Liaison Provides Records Public Information Request Received PIR Officer or City Secretary Successful Completion of Response to PIR Microsoft Confidential

We are dedicated to helping YOU! Microsoft Engineering Excellence 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. Microsoft Confidential

TOGETHER, we are CHAMPIONS! Questions? Microsoft Engineering Excellence TOGETHER, we are CHAMPIONS! Questions? Microsoft Confidential