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Responding Smartly to Public Records Requests

Responding Smartly to Public Records Requests. Frayda S. Bluestein Dave Hardin March 30, 2012. Session Overview. What is the request? Who should respond? What must be provided? Framework for responding Records vs. Information. What is the request?. Is it clear what is being requested?.

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Responding Smartly to Public Records Requests

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  1. Responding Smartly to Public Records Requests Frayda S. Bluestein Dave Hardin March 30, 2012

  2. Session Overview • What is the request? • Who should respond? • What must be provided? • Framework for responding • Records vs. Information

  3. What is the request? Is it clear what is being requested? Is it possible to narrow the request? Standing requests - probably valid as long as it’s clear what records are covered. Anonymous requests – name and contact information is ok to request, but if refused, cannot require. All you need to know is how/where to deliver the records.

  4. Who should respond? Custodians of records must provide access. Clerks are custodians of records of the unit. Individuals are custodians of records in their offices and on their computers. Local government may coordinate the process of responding to public records requests through a centralized point of contact.

  5. Who should respond? Custodians of records don’t have to decide on their own what must be released. Consult your attorney!

  6. What must be provided? Coates’ Canons: NC Local Government Law Blog Framework for Responding to Public Records Requests

  7. Framework 1.  Does a record exist that corresponds to the request? If not, no disclosure is required. If so, continue to question 2. 2.  Is the record “made or received in the transaction of public business?” If not, no disclosure is required. If so, continue to question 3. 3.  Is there an exception that applies? If not, the requested access must be provided. If so, continue to question 4. 4.  Does the exception apply to the entire record, or only to certain information, and does it prohibit disclosure or does it deny the right of access? If a prohibition applies to the entire record, do not disclose; if it applies only to certain information, redact and disclose. If there is no right of access to some or all of the information, but release is not prohibited, determine whether or not to release the entire or a redacted record.

  8. Records vs. Information • Citizen wants to know how many times the governing board has met in closed session over the past six months. • How should you respond?

  9. What are other governments doing? http://www.matthewsnc.com/FormsDocuments.aspx

  10. What are other governments doing? http://councilmail.townofchapelhill.org/searchform.do

  11. What are other governments doing? http://www.catawbacountync.gov/datasets/

  12. What are other governments doing? http://www.co.orange.nc.us/OnlineServices/index.asp

  13. Questions?

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