|
1. POLICY AND PURPOSE: The University of North Texas (the “University”) believes that as an entity of the State of Texas, it exists in order to serve the people of Texas. Accordingly, it is the policy of the University to grant the public access to information regarding its records, affairs and transactions in accordance with the Texas Public Information Act as set forth in Chapter 552 of the Government Code.[1] This Policy sets forth the appropriate procedure for responding to requests for information made under the Texas Public Information Act (the “Act”). 2. CUSTODIAN OF RECORDS: The Vice Chancellor and General Counsel is designated Custodian of Records for the University. As such, the Office of the Vice Chancellor and General Counsel (OVCGC) is responsible for overseeing compliance with the Act. Any questions regarding the Act, this Policy, or a specific request for information should be directed to the OOVCGC. 3. GENERAL DEFINITION OF PUBLIC INFORMATION: "Public Information" means information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business: (1) by the University of North Texas; or (2) on behalf of the University of North Texas and the University owns the information or has a right of access to it. The general forms in which public information may exist include, but are not limited to, book, paper, letter, document, printout, photograph, film, tape, microfiche, microfilm, photostat, sound recording, map and drawing, or a voice data or video representation which is held in computer memory. 4.
EXAMPLES OF PUBLIC INFORMATION: Many different types of
information are required to be released under the Act. The following is a
nonexhaustive list of information
common to the University that usually must be released under the Act: a) most information contained in the personnel file of University employees; b) student directory information as defined by UNT Family Educational Rights and Privacy policy (Policy No. 18.1.9); c) almost all email addresses provided by the University and letters and memoranda, including drafts that are retained; d) almost all completed reports, audits, evaluations, and investigative reports; e) notes that are not required to be maintained, but which are kept by a University employee regarding some aspect of the course and scope of his or her employment; f) most information contained in an account, voucher, or contract; g) staff manuals and written instructions to staff that affect a member of the public; h) information in a book or publication that is made part of, incorporated into, or referred to in a rule or policy of the University; and i) information that a University employee promises to keep confidential,
but is not considered confidential by law. 5.
EXAMPLES OF EXCEPTIONS TO THE ACT: Many types of
information may not be disclosed to the public under the Act and must be
kept confidential in accordance with the Act, some other law or court
order. The following is a nonexhaustive list of information common to the
University that may not be disclosed: a) non-directory information contained in student records,
except as otherwise allowed or required to be released under the Family
Educational Rights and Privacy Act or other statute; b) trade secrets and commercial or financial information
obtained from a person and privileged or confidential by statute or
judicial decision; c) information contained in a book or publication that is
commercially available to the public or made available to the public as a
resource material, such as a library book; d) a rare book, original manuscript and certain documents
held for historical research that was not created in the conduct or
official business of the University; e)
an audit working paper or draft audit; and f) a test item developed by the University, a
licensing agency, or another governmental body. 6
RESEARCH NOT REQUIRED: The Act only requires that
documents in paper or electronic be provided to a requestor.
University employees are not required to perform substantive
research; prepare answers to questions; or complete research surveys.
(An alternate procedure is used to respond to survey requests.
University Employees who receive a survey request should contact
University Planning for further information). 7.
PROCEDURES FOR RESPONDING TO REQUEST FOR INFORMATION: The following procedures apply to all requests for information
regardless of whether the request states it is made pursuant to the Public
Information Act. a) Request Must Be In Writing:
Requests for information must be in writing before the University
is required to respond under the Act. If an oral request for information
is received, the requestor must be informed of the need to submit the
request in written form. The written request may be provided to any
employee of the University or directly to the OVCGC. b) Forward Request to Legal Office. It is
imperative that University employees record the date requests for
information are received and immediately forward them to the OVCGC, unless
the General Counsel has approved alternate procedures, in writing,
authorizing the department to respond to public information requests.
Any University employee who receives a request and any department
authorized to respond to requests shall not make any decision concerning
whether requested information is confidential or withhold information
without first consulting the OVCGC. c.) Right
to Seek Clarification. If it is unclear what information is being
requested, the University may ask the requestor to clarify his or her
request. If a large amount of information has been requested, the
requestor may be informed how to narrow the scope of the
request. However, in accordance with the Act, University employees
should not ask why the information is being requested or about its intended
usage. d)
Deadline for Taking Action on Request. Action must be taken on a request for information within ten
business days of initial receipt of the request by any University employee
or department. The OVCGC will
determine the appropriate action to take , in conjunction with the office
holding the requested information. The OVCGC will review the request and
determine whether the requested information must be released under the
Act. e) Requirement for Decision From Attorney General.
If a preliminary determination is made that
requested information may be exempt from disclosure under the Act,
the OVCGC will request an official decision from the Texas Attorney
General, if necessary. The
requestor must be notified
and provided a copy of the written request
for a decision. f) Deadline for Providing Public Information.
If the OVCGC determines that the requested information constitutes
public information under the Act, it will
notify the department or University employee who initially received
the request or who has the information. Within a reasonable time after the
request is received , normally ten business days, the requestor should be
allowed access to view the information on the University campus or be
provided copies of the requested information through first class United
States mail. Note: the requestor has the right to determine whether
to view the information on campus or to be provided copies of the
information. If the
information cannot be accessed for inspection or duplication within ten
business days either because it is in active use as defined by the Act, in
storage, because of the number of documents involved or because of the
nature of the request, the University shall certify this fact in writing
to the requestor and set a date and hour within a reasonable time when the
information should be available. g) Notifying Requestor of Estimated
Charges. A party
requesting copies of public information may not be aware of the time and
cost involved in complying with the request. When the cost associated with
responding to a request exceeds forty dollars ($40.00) the University must
notify the requestor, in writing, of the estimated costs (itemized) and an
anticipated completion date. The
notice also must inform the requestor that failure to inform the
University whether he or she wishes to proceed with or narrow the request
within ten business days will result in the request being deemed
withdrawn. If charges are
estimated to be in excess of one hundred dollars ($100.00), the requestor
will be required to pay the charges before the University begins gathering
the requested information. In
such event, the University will provide the requestor an itemized invoice
of charges using the "University of North Texas Public Information
Request Charges" form. The
requestor will be reimbursed for any overpayment.
h) Notifying Requestor of Revised Estimate of Charges. A written, updated estimate of charges must be sent to the requestor if, before copies have been made or paper records made available, the University determines that it underestimated the charges itemized in the original notice. The revised estimate must inform the requestor that the request will be deemed withdrawn if he or she does not respond to the new estimate within ten days from the date it is sent. i) Requirement To Provide Invoice. The requestor shall be sent a completed invoice using the "University of North Texas Public Information Request Charges" form showing the total amount of charges to be paid to the University and informing him or her that payment should be made within ten days each time a fee is charged for providing public information. j) Requirement to Delete/Redact Confidential
Information. If
requested public information is mingled with confidential information, all
confidential information must be deleted/redacted before the public
information is made available to the requestor.
The requestor may be charged for deleting/redacting confidential
information only in accordance with this Policy. k) Allowing Viewing of Information on Campus.
If the Requestor wishes to review public information rather than
receive copies, he or she should be allowed to inspect and duplicate the
information in a comfortable environment within the time frame set out in
this Policy. The requestor must complete his or her examination within ten
days after the requested information has been made available. This time
period will be extended for an additional ten days upon written request.
Access may be interrupted if the University needs the information for
official business. The
period of interruption shall not be considered a part of the time period
for examination. The requestor may not at any time remove original copies
of a public record from the University. l) Information in Electronic
or Magnetic Medium. If
public information exists in an electronic or magnetic medium, the
requestor may request a copy either on paper or in an electronic medium,
such as on diskette or magnetic tape. The University shall provide a copy in the
requested medium if: (1)
The University has the technological ability to produce a copy of the
requested information in the requested medium; (2)
The University does not have to purchase any software or hardware to
accommodate the request; and (3)
Providing a copy of the information in the requested medium will not
violate the terms of any copyright agreement between the University and a
third party. m) Inability To Provide Information In
Requested Format. If
the University is unable to produce a copy of the information in the type
of medium requested, it shall provide a paper copy of the requested
information in another medium that is acceptable to the requestor. The
University is not required to copy information onto a diskette or other
material provided by the requestor and may use and charge the requestor for its own supplies. n) Responses Requiring Programming or Information
Manipulation. The
University must inform a requestor in writing if providing requested
information requires programming or manipulation of data and if the
University has the ability to do so.
The written notice must state that the information is not available
in the requested form; describe the
form in which it is available; describe the services that would be
necessary to provide it in the requested form; an estimate of the cost in
accordance with the charges set forth in this Policy; and the time it will
take to respond to the request. This written statement shall be provided
to the requestor no later than twenty days after the date the request was
received. The University may have an additional ten days to provide the
statement if, within twenty days of receipt of the request, written notice
is given to the requestor that additional time is needed. o) Maintaining Records of Requests for Information.
It is important that the University maintain complete records of
requests for information made under the Act. Each office/department
is responsible for maintaining accurate records of requests and
responses, forwarding
payments received for providing information through the proper financial
channels as directed in the Charges Section of this Policy, and providing
the OVCG statistical information on requests for State-mandated reporting
purposes. A copy of all written statements provided to requestors shall be
provided to the OVCGC, on request.. p) No Obligation After Release of
Information. After
information has been released under the Act, the University is not
required to provide the Requestor with subsequent updates, corrections, or
notice of a change in status of the person to whom the information
pertains. q) Obligation for Requestor to Respond to Notice.
After providing any written notices or statements to the requestor
required under this policy, the University is not obligated to provide the
information in the requested form or in the form in which it is available
until the requestor states in writing that: (1)
He or she wants the information provided in the requested form according
to the cost and time parameters set out in the statement or according to
other terms agreed upon by requestor and the University; or (2) He or she wants the information provided in the form in which it is available. 8. CHARGES FOR INFORMATION PROVIDED: Charges for providing public information should be assessed as established by the Texas Building and Procurement Commission,[2] using the following guidance:a)
Charges When Requestor Views Information: (1)
Access to information in standard paper form. Generally, the
University shall not charge for making available for inspection
information maintained in standard paper form. Charges will be assessed
for making public information available for inspection when: (i)
The requested public information is mingled with confidential
information. In such case,
the University may charge for the photocopying costs of creating an edited
version of the documentation. The
University may not charge for personnel time spent deleting/redacting
confidential information. (ii)
The anticipated personnel costs for making the information available for
inspection is (1) older than five years; or (2) completely fills or when
assembled will completely fill six or more archival boxes and the
University estimates more than five hours will be required to make the
information available. (2)
Access to information in other than standard form. The University
shall not charge the requestor for the cost of preparing and making
available such information, unless complying with the request will require
programming, manipulation of data, or redaction of information. If
programming or manipulation of data is required
to make the
information available, the requestor shall be notified as set out in
section “n” above. (3) Access to information in an electronic form on University computer. If public information exists in an electronic form on a computer owned or leased by the University and if the public has direct access to that computer through a computer network or other means, the electronic form of the information may be electronically copied from that computer without charge if accessing the information does not require processing, programming, or manipulation on the government-owned or government-leased computer before the information is copied. b.) Charges When
Copies Provided: (1) Charges for Less Than 50 Copies. Charges will be waived if the requested information is contained in less than 50 standard size pages and is located in one building and not in remote storage. Waiver of these charges is limited to one request per person, per year except where the University determines that waiver of charges is in the public interest.. All other waivers or reductions of charges must be approved by the OVCGC which shall determine if a waiver or reduction is in the public interest. (2)
Charges for Other Information. For
all other information provided in response to a request under the Act, the
requestor shall be charged in accordance with the charges set forth in
this policy as reflected on the "University of North Texas Public
Information Request Charges" form. c)
Definition of Charges.
The following definitions apply to charges that may be assessed for
providing public information. All charges that may be assessed are
reflected in the "University of North Texas Public Information
Request Charges" sheet: (1)
Overhead charges. Direct and indirect costs that may be
assessed whenever any personnel charge is applicable to a request, in
addition to the specific personnel charge. This charge, assessed at a rate
of twenty percent (20%) of the personnel cost associated with a particular
request, covers such costs as depreciation of capital assets, rent,
maintenance and repair, utilities, and administrative overhead. (2)
Miscellaneous supplies. The actual cost of supply items,
included but not limited to, labels, boxes, and other supplies used to
produce the requested information, may be added to the total charges for
public information. d) Charges for Personnel Time Spent Deleting/Redacting Information. The University may charge for personnel time spent deleting/redacting confidential information from public information when the requestor specifically requests copies of information and the University is required by law to withhold the confidential information. No charges may be assessed for personnel time spent redacting information the attorney general has determined may be withheld pursuant to the Act’s permissive exceptions. Additionally, the University may charge for the photocopying costs of creating an edited version of the documents from which confidential information was redacted. e) Charges Exceeding Estimate.
Actual cost charged to the requestor may not exceed twenty percent
of the original estimated charges if the University did not send a revised
estimate. Actual charges may not exceed those detailed in the updated
estimate if a revised estimate was sent. f) Waiver and Reduction of Charges.
The OVCGC may waive or reduce charges when it determines that
furnishing the information primarily benefits the general public. g) Requirement
to Record Time and Notify Requestor.
University employees involved in providing information pursuant to
a request under the Act should maintain a detailed record of the time and
resources spent responding to the request.
If the charge for providing a copy of public information includes
costs of labor, the requestor may require the University to provide him or
her with a written statement as to the amount of time that was required to
produce and provide the information. A charge may not be imposed for
providing the written statement to the requestor.220 h)
Charges For Publications Printed For Public Dissemination.
The charges outlined herein do not apply to any publication that is
compiled and printed by or for the University for the purpose of public
dissemination. In such case, the University may determine the appropriate
charge, if any, for providing the publication. 9. POTENTIAL LIABILITY FOR FAILURE TO COMPLY WITH THE ACT AND THIS POLICY: Failure to comply with the Act and with this Policy could expose the University and individual employees to sanctions, including civil and criminal liability. Employees also face disciplinary action by the University. Actions that may be considered a violation of the Act or this policy include, but are not limited too, the destruction, removal, or alteration of public information; the failure or refusal to provide access to or copies of public information; and the intentional disclosure of information considered confidential under the Act.
|