25 PIA Overview Briefing.pdf — original pdf

Backup

Overview of the Public Information Act Neal Falgoust, Division Chief Open Government, Ethics & Compliance Division Overview • Definition of Public Information • Work-product privilege and draft documents (City of Garland v. Dallas Morning News) • Public Information Audit PIA in Plain English The City of Austin must release all public information requested by a member of the public, unless a specific provision of law allows it to be withheld and the City obtains permission to withhold it. “Public Information” Defined • Information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business: • By a governmental body • For a government body and the body has a right of access to the information or uses public money to write, produce, collect, assemble or maintain the information • By an individual or employee in their official capacity and the information concerns official business • Includes electronic communication on any device if it relates to official business Forms of Public Information • Any physical medium • Paper, film, tape • Magnetic, optical, or solid state storage • Any form • Database • Audio or video recordings • Photographs • Maps • Drawings • Emails, Internet postings, text messages, instant messages, Google chats, Facebook, Twitter, Instagram Common Exceptions to Disclosure • 552.101 – Common-law privacy, dates of birth of public, Local Government Code, Health & Safety Code, Occupations Code. • 552.102 – Dates of birth of employees • 552.103 – Pending, anticipated litigation • 552.104 – Competitive bidding information • 552.106 – Drafts of proposed ordinances and resolutions • 552.107 – Attorney-client privilege • 552.111 – Opinions related to policy making Common Exceptions to Disclosure • 552.117 – City employee personal information, if election is made • 552.130 – Motor vehicle information • 552.136 – Bank account, credit card, debit card numbers • 552.137 – Personal e-mail addresses* • 552.147 – Social Security numbers • Third Parties – 552.110. 552.111 of the Government Code • “An interagency or intra-agency memorandum or letter that would not be available by law to a party in litigation with the agency is excepted from the requirements of [public disclosure].” • Work-Product Privilege – Protects information prepared by an attorney during litigation. • Deliberative Process Privilege (City of Garland) – Protects advice, recommendations, and opinions reflecting the policy-making processes. 552.111 of the Government Code • Work-Product Privilege – Protects information prepared by an attorney during litigation. • Deliberative Process Privilege (City of Garland) – Protects advice, recommendations, and opinions reflecting the policy-making processes. • Purely factual information is not “deliberative;” • Must be related to broad policy-making matters; internal administrative or personnel matters are not related to policy making. • Drafts policy-making documents might be protected if released in final form. Your Role as Commissioner • Use your city-issued email address to conduct official city business. • If you use a personal device for text messaging, retain text messages in accordance with departmental records retention policy. • If asked, provide responsive information in a timely manner, even if you believe it is excepted from disclosure. • Don’t wait until the last minute. Law Department’s Role • PIR Team – Processes incoming requests and organizes release of information to requestor. • Open Government, Ethics & Compliance Division – Attorneys provide legal counsel and prepare AG ruling requests. Public Information Audit • Four Recommendations – All “In Progress” • Ensure departments have adequate resources to comply with the law; • Centralize management of all requests to ensure consistency; • Develop standard operating procedures and train staff; • Improve communications and feedback. Questions?