INDIANA UNIVERSITY OFFICE OF THE VICE PRESIDENT AND GENERAL COUNSEL Indiana Access to Public Records Act (APRA) Training.

Slides:



Advertisements
Similar presentations
Public Records Office Indiana Access to Public Records Act and Responding to Subpoenas Employee Training.
Advertisements

Indiana’s Public Access Laws Heather Willis Neal Public Access Counselor Indiana Recorders Association Indiana Recorders Association April 15, 2008.
INTRODUCTION TO PUBLIC DISCLOSURE RESPONSE Paula Adams, King County Public Disclosure Officer.
Lisa Endres General Counsel Oklahoma State Department of Education.
Indiana’s Public Access Laws Joe B. Hoage Indiana Public Access Counselor.
Indiana’s Public Access Laws
The Public Records Act The Public Records Act W.S et. seq.
Indiana’s Public Access Laws Indiana Vital Records Association Joe B. Hoage Indiana Public Access Counselor October 26, 2012.
Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation and Procedure Discovery: Overview and Interrogatories Litigation and Procedure.
Government in the Sunshine and UNF Student Government.
R OBERTA K. B URFORD ( R. B.) S ENIOR D EPUTY G ENERAL C OUNSEL, USF.
Indiana’s Public Access Laws West Central Conservancy District Joe B. Hoage Indiana Public Access Counselor January 11, 2011.
Regarding Electronic Maps.  The counselor must be a practicing attorney  The counselor shall apply full efforts to the duties of the office and may.
CALIFORNIA PUBLIC RECORDS ACT Presented by Maribel S. Medina January 16, 2014.
Youndy C. Cook Deputy General Counsel
USF Office of the General Counsel (813)
Indiana’s Public Access Laws Hancock County GIS and Policy Workshop Joe B. Hoage Indiana Public Access Counselor August 1, 2012.
Public Access Laws in Indiana Presented by Luke Britt, Indiana Public Access Counselor.
Have Records? Have ? What to Keep, What to Delete, and How to do each Jim Corridan, Director Indiana Commission on Public Records Heather Willis.
Open Meetings, FOIA and Record Management How Law and Technology Impacts the Nuts and Bolts May 16, 2012 Illinois Association of School Business Officials.
Indiana’s Public Access Laws Indiana State Board of Accounts City and Town Clerk Treasurers’ Conference Joe B. Hoage Indiana Public Access Counselor June.
DATA PRIVACY PERSONNEL FILES “P-FILE”. Wisconsin Public Records Wisconsin Statue – Wisconsin Statue – Wisconsin Statue 230 Wisconsin.
Indiana’s Open Door Law Heather Willis Neal Indiana Public Access Counselor Indiana State Library Indiana State Library Director Workshop August 6 and.
Joan L. Lucas – General Counsel
Indiana’s Access to Public Records Act Heather Willis Neal Public Access Counselor City and Town Court Conference City and Town Court Conference October.
UNCLASSIFIED FREEDOM OF INFORMATION ACT (FOIA) OVERVIEW The Public’s Right to Federal Records.
Indiana’s Public Access Laws Association of Indiana Counties Legal and Ethical Institute Class Joe B. Hoage Indiana Public Access Counselor February 23,
Indiana’s Access to Public Records Act Heather Willis Neal Indiana Public Access Counselor Presented to Delaware County Human Resources January 8, 2008.
How to Avoid Pitfalls and Correct Mistakes Common Problems in Public Access Heather Willis Neal Indiana Public Access Counselor.
Indiana’s Public Access Laws City of Fort Wayne Joe B. Hoage Indiana Public Access Counselor November 19, 2012.
Indiana’s Public Access Laws Indiana Prosecuting Attorney’s Council Summer Conference Joe B. Hoage Indiana Public Access Counselor July 13, 2012.
Public Records Overview and Case Update: September 11, 2015 presentation Patricia Gleason Special Counsel for Open Government.
Indiana’s Public Access Laws Indiana State Bar Association Utility Law Section Fall Seminar Joe B. Hoage Indiana Public Access Counselor September 27,
Indiana’s Public Access Laws Frankfort Police Department April 17, 2013 Joe Hoage - Public Access Counselor.
Public Review Committee Linda Sullivan-Colglazier Assistant Attorney General July 28, 2011.
Indiana’s Public Access Laws Heather Willis Neal Indiana Public Access Counselor Indiana County Recorders’ Conference April 14, 2009.
Public Access to Election Records Heather Willis Neal Public Access Counselor Circuit Court Clerks’ Conference Circuit Court Clerks’ Conference June 10,
What Every Lawyer Should Know About Indiana’s Public Access Laws Presented by: Indianapolis Bar Association Joe Hoage, Public Access Counselor June 5,
State Board of Accounts County Recorders’ Annual Conference Presented by: The Office of the Public Access Counselor April 24, 2013 at 10:45 a.m.
Public Records and Open Meetings Heather Willis Neal Indiana Public Access Counselor Indiana Civil Rights Commission CLE February 22, 2008.
Indiana’s Access to Public Records Act Heather Willis Neal Indiana Public Access Counselor Presented to Indiana Networking for Documents and Information.
Indiana’s Public Access Laws Heather Willis Neal Indiana Public Access Counselor Columbus Police Department August 18, 2009.
Government Data Practices and the Open Meeting Law August 2014.
Indiana State Board of Accounts: Circuit Court Clerk’s Conference Presented by: The Office of the Public Access Counselor June 4, 2013.
Elected Officials and Health Department Records Indiana Public Health Foundation February 27, 2008.
Indiana’s Public Access Laws Lake County Prosecutor’s Office Joe B. Hoage Indiana Public Access Counselor April 18, 2012.
Illinois Freedom of Information Act The Basics of FOIA 2015.
Indiana’s Access to Public Records Act Heather Willis Neal Public Access Counselor Brownsburg Police Department Brownsburg Police Department February 26,
Indiana’s Access to Public Records Act Heather Willis Neal Indiana Public Access Counselor Presented to Indiana State Department of Health August 21, 2008.
Indiana’s Public Access Laws City of Franklin Planning Department Joe B. Hoage Indiana Public Access Counselor September 12, 2012.
Indiana’s Public Access Laws Indiana School Boards Association Summer Board Member Academy Joe B. Hoage Indiana Public Access Counselor July 9, 2012.
Indiana’s Public Access Laws Katie M. Williams-Briles Office of the Indiana Public Access Counselor Frankfort Police Department May 24, 2012.
Indiana’s Public Access Laws Indiana State Board of Accounts County Recorders’ Annual Conference Joe B. Hoage Indiana Public Access Counselor April 24,
Indiana’s Public Access Laws League of Women Voters of the Calumet Area Joe B. Hoage Indiana Public Access Counselor May 17, 2012.
Indiana’s Public Access Laws City of South Bend Joe B. Hoage Indiana Public Access Counselor January 30, 2012.
Sharing Information (FERPA) FY07 REMS Initial Grantee Meeting December 5, 2007, San Diego, CA U.S. Department of Education, Office of Safe and Drug-Free.
FERPA for the Financial Aid Office NCASFAA Fall Conference November 2012.
Indiana’s Public Access Laws Heather Willis Neal Public Access Counselor Indiana Association of Cities and Towns Indiana Association of Cities and Towns.
Indiana’s Public Access Laws Heather Willis Neal Indiana Public Access Counselor April 21, 2009.
Indiana’s Public Access Laws Heather Willis Neal Indiana Public Access Counselor Indiana Association of Cities and Towns Red Flag and Sunshine Workshop.
Indiana’s Public Access Laws Indiana Library Federation, District 1 Joe B. Hoage Indiana Public Access Counselor May 1, 2012.
Public Records Training Manitowoc City Attorney’s Office.
The Georgia Open Records Act and ferpa
Indiana’s Public Access Laws Indiana State Board of Accounts Auditors’ Conference Joe B. Hoage Indiana Public Access Counselor May 17, 2012.
Indiana Access to Public Records Act (APRA) Training
2018 Open Government Overview
INTRODUCTION TO PUBLIC DISCLOSURE RESPONSE
Public Access Laws in Indiana
Indiana’s Public Access Laws
The Office of Open Records webinar will begin soon
Presentation transcript:

INDIANA UNIVERSITY OFFICE OF THE VICE PRESIDENT AND GENERAL COUNSEL Indiana Access to Public Records Act (APRA) Training

Fundamental Purpose of APRA “…it is the public policy of the state that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees.” -IC

Scope of APRA APRA gives any person the right to inspect and copy IU’s public records (IC ).  “Public record” is defined as any writing, paper, report, study, map, photograph, book, card, tape recording, or other material that is created, received, retained, maintained, or filed by or with a public agency.”  NOTE: s that are sent or received on an IU server (including those forwarded to an IU account from another account) or printed and stored physically at IU, irrespective of subject matter, are subject to APRA.

Process for Handling APRA Requests Responses are handled by the Office of the Vice President & General Counsel Written request?  Must respond within 7 calendar days of receipt. APRA requires only a response and not the actual production of records within this specified time period. Request in person?  Must respond to request within 24 hours. Again, APRA requires only a response and not the actual production of records within this specified time period. Requests must identify the record being requested with reasonable particularity.  For example, a request for “all documents regarding the Indiana Memorial Union” is not reasonably particular. IU may ask the requesting party to narrow the request by specifying the subject matter and, if relevant, dates so as to identify what is sought. Note: IU may not ask the requesting party to indicate his/her purpose for the records.  However, if the record being requested is a list of names and addresses, the requesting party may not use such a record for commercial or political use. IU has the requestor sign an Affidavit of Noncommercial and Nonpolitical Use in such cases.

Key Exceptions to APRA: What does not have to be produced? Deliberative or advisory materials used for decision-making purposes Personnel Files  Except for:  Name, compensation, job title, job description, education & training background, work experience, and dates of first & last employment  Info relating to status of formal charges against employee  The factual basis for a disciplinary action in which final action has been taken and that resulted in the employee being suspended, demoted or terminated Material required to be kept confidential by state statute or federal law  FERPA Records containing trade secrets Grade transcripts and license examination scores Investigatory records of a police agency Records concerning research Records that are attorney-client privileged Other exceptions can be found in IC

Denying a Request If denying a request or certain records under a request, state the reason for the denial and cite to the relevant statutory authority.  Sometimes requests will contain both disclosable and nondisclosable information. The information that is disclosable must be separated and made available for inspection and copying. IU will bear the burden of proving that the records are excepted from disclosure under APRA or any other applicable authority.

Process for Enforcement APRA is enforced through the Indiana Public Access Counselor (PAC). IU must cooperate with the PAC in any investigation or proceeding. PAC Authority:  Advise  Respond to informal inquiries  Issue advisory opinions  Make recommendations to General Assembly on ways to improve access  Educate  Train public officials & educate members of the public  Conduct research

Consequences of Inappropriate Denials A requesting party who feels that IU was wrong in denying his/her request may file a lawsuit to compel IU to permit inspection and copying. Attorneys fees, court costs, and reasonable expenses of litigation may be awarded to the prevailing party.  But the plaintiff must first seek and receive PAC advisory opinion or informal inquiry response.

APRA Requests Compared to Litigation Discovery Generally, only records that are protected by attorney-client privilege are exempt from production in litigation discovery. This means that almost any document or material, so long as it is not privileged and is relevant to the subject matter involved, could be discoverable, even documents that could be withheld under APRA.  The broad scope of discovery can include records stored on personal or work computers, messages from both personal and work-related accounts, and text messages or voic s on personal or work phones. When you discuss sensitive information in electronic communications, you should be aware of the circumstances in which your communications might be subject to open records requests and/or discovery in litigation, even when the communications are sent from personal electronic devices or personal accounts.

Questions? Do you have any questions? If you receive an inquiry from someone who is interested in submitting an open records request, you can direct the requester to the form on the OVPGC website.