Open Government

Open arms, open records: how a school district responds to requests for public information says much about trust and confidence ...

It was one of those days in the superintendent's office when the secretary just couldn't seem to catch her breath. With the phone to her ear as she typed her report on the computer, she noticed a stranger walking through the door of her office. It was a small town in rural America and she hadn't seen this man before.

"What can I do for you, sir?" she asked. The citizen offered his name, then asked for a copy of the salary schedules for central-office administrators.

Her response: "I've never seen you before in my life. How do I know you aren't an undercover reporter?"

A hundred miles down the road in a large metropolitan city, an education reporter walked into the high school principal's office to ask the secretary for a copy of the principal's contract. The principal, who had been ridiculed the week before in the newspaper, overheard the reporter's request. Stepping from his office, he sarcastically remarked, "What the heck do you want that for? All you ever do is criticize us."

Whether it was ignorance or arrogance, these two public officials made a serious mistake. In addition to violating this state's Open Records Act, their unwillingness to cooperate created in the visitor's mind a sense of doubt, suspicion and mistrust for themselves and their public institutions. A reporter once said to me, "When you deny the records, you begin the story."

“The public's right to know is vital to an accountable, citizen-centered government. Simply put, we are entitled to be fully informed, with an open and accessible government, at all levels, in virtually all circumstances. Government is not created independent of the people. Rather, it is founded on the people's authority and exists for their benefit. That ideal is reinforced in the Texas Public Information Act, which says that the people "do not give their public servants the right to decide what is good for the people to know and what is not good for them to know." Instead, people have the right to know what their government is doing.”

The best public relations people in government are those who see as their bosses the people - taxpayers and citizens - and believe passionately that their role is to get information to those citizens. This is not easy. Yet, people who care about the process and open government must explain that the fleeting pain of bright sunlight is nothing compared to surgically revealed secret. And it is the noble official, indeed, who puts service to the citizen before self-interest.

How to use the Texas Public Information Act - Chapter 552

As a citizen, you have the right to inspect public information in the care, custody and control of Eanes ISD, a public school district funded by our tax dollars. Yes, this includes teachers and employees of the school district.

The citizens "do not give their public servants the right to decide what is good for the people to know and what is not good for them to know."

Texas Public Information Act (TPIA) (Texas Government Code 552)

To learn more, visit the Texas Attorney General's Open Government web page. The Public Information Handbook is available on this site as a searchable Acrobat™ PDF file.

When making a request to obtain public information, a citizen has two choices:

Request copies of documents
Request to inspect and review documents

If you request to inspect or review documents, after viewing you may then request copies of all of some of the information. To learn more about reasonable charges to obtain copies visit Texas Attorney General website - Charges for Public Information.

Access public information by submitting a written request to Eanes ISD by email at openrecords@eanes.k12.tx.us.

Example:

July 4, 2006

To: Eanes ISD

I request to observe any and all documents that show or reflect information related to <subject of your request>.

The date that the request is submitted in considered Day Zero. Within ten 10 business days (not including school holidays or weekends) the district must respond in one of three ways:

1. Produce all responsive public information requested

2. Provide a "date and hour" that the public information will be available for inspection (if the information is not readily available).

3. Request an opinion ruling from the Office of the Attorney General (OAG) to withhold the public information from public inspection.

If the district does not respond in an appropriate and/or timely way, the requestor has the right to file a written complaint with the Office of the Attorney General, District Attorney and/or County Attorney.

Dianna Pharr

An educational agency or institution that is state-funded may withhold from public disclosure information that is excepted from required disclosure by section 552.114 as a “student record,” insofar as the “student record” is protected by FERPA (Family Education Rights and Privacy Act), without the necessity of requesting an attorney general decision as to that exception.

Further, according to the Texas Public Information Act, "all governmental bodies responding to information requests have the right to request and receive clarification of vague or overly broad requests".

All governmental bodies responding to information requests have the responsibility to:
• Treat all requestors equally
• Be informed about open records laws and educate employees on the requirements of those laws
• Inform the requestor of cost estimates and any changes in the estimates
• Confirm that the requestor agrees to pay the costs before incurring the costs
• Provide requested information promptly
• Inform the requestor if the information will not be provided within ten business days and give an estimated date on which it will be provided
• Cooperate with the requestor to schedule reasonable times for inspecting or copying information
• Follow Texas Building and Procurement Commission regulations on charges; not overcharge on any items; not bill for items that must be provided without charge
• Inform third parties if their proprietary information is being requested from the governmental body
• Inform the requestor when the Office of the Attorney General has been asked to rule on whether information may or must be withheld
• Comply with any OAG ruling on whether an exception applies, or file suit against the OAG within 30 days
• Respond in writing to all written communications from the TBPC or the OAG regarding complaints about violations of the Act

Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. The provisions of this chapter shall be liberally construed to implement this policy.

Historical Background
The Texas Public Information Act (the “Public Information Act” or the “Act”) was adopted in 1973 by the reform-minded Sixty-third Legislature.1 The Sharpstown scandal, which occurred in 1969 and came to light in 1971, provided the motivation for several enactments opening up government to the people.

Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced.

- Albert Einstein

Freedom of Information

How to use the Texas Public Information Act - Chapter 552