Freedom of Information law in Texas

This presentation overviews the open meetings and open records of Texas' Public Information Law.

Transcript

1. Freedom of Information &
   the public’s right to know
   TCCJ Workshop
   Oct. 9, 2015
   

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2. “We want it chunky”
   • The Oklahoma Daily requested Jack
   White’s contract to perform at OU
   • Performance cost $80,000, but the rest
   of the contract was beautiful
   

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3. FOI and the Right to Know
   • “The Right to Know” – what, and by
   whom?
   • No real constitutional right to know in
   First Amendment
   • Federal Freedom of Information Act
   (1966), E-FOIA (1996)
   • “Sunshine laws” in every state today
   

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4. Federal FOIA
   • Requires federal agencies to make
   records available for inspection and
   copying
   – Does not apply to Congress, president
   – Presumed open? Presumed closed?
   • Unless it falls under one of nine
   exemptions
   – Exemptions are narrow & to be strictly
   construed (Milner v. Dept. of Navy, 2011)
   

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5. FOIA Exemptions
   • Agency MAY (not must) withhold for
   three major reasons:
   – National security (Exemption 1)
   – Personal (but not corporate: FCC v. AT&T,
   2011) privacy (Ex. 6)
   – Law enforcement records (Exemption 7)
   • Also: Administrative documents, memoranda,
   other laws, trade secrets, financial
   institutions, geophysical data
   

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6. Some situations
   • FOIA the White House beer recipe?
   • Photos from the raid that killed Osama
   bin Laden?
   • Rap sheet of mobster Charles Medico?
   • Details of the NROL Octopus logo?
   • ESPN requests athletic department
   emails from Ohio State? (under Ohio
   FOI law)
   

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7. Texas PIA
   • Texas Government Code § 552
   • Policy: 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.
   

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8. Definitions
   • Covers any media for storing
   information
   • Applies to “government bodies” – city,
   county, school board, state (but not
   judiciary)
   • Main exceptions: law enforcement
   records, personnel information, bidding
   on contracts, legal advice
   

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9. Step 1: Get in the FOI habit
   • Developing “a document state of mind”
   • Remember who the government works for and why
   we have FOI laws
   • You are doing your job and the public’s business
   • Find an FOI Friend
   – TCCJ, FOIFT, local SPJ chapter
   – Network, brainstorm, find ideas that have
   worked elsewhere
   – Make a Twitter list: @SunshineReview,
   @MuckRock, @TxFOIFT, @DavisCN,
   @RCFP, @JoelCampbell
   

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10. Step 2: become an expert
    • Keep a copy of the law handy
    • Get the AG handbooks (which are free)
    and read them
    • Expect the exceptions (real or made up)
    that records custodians will throw at you
    • Always ask how that exception applies,
    why you can’t have that record today,
    what parts don’t need to be redacted
    

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11. Step 3: learn about records
    • How are documents kept? Who keeps them?
    Where and how?
    • Identify your records custodians, introduce
    yourself, get to know them
    • Find out where documents are created and
    where they go to die
    • Ask for a list of records and documents that
    agency/body keeps
    • Ask for an FOI log – who is filing requests
    and what are they asking for?
    

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12. Step 4: make good requests
    • Do your homework
    – know who keeps what records, find out
    what the record is called, be specific
    • Ask verbally first
    – Be polite, show respect, build relationships,
    understand that it is more work for them
    • Write a good, specific letter
    – Choose a tone – honey or vinegar?
    

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13. Step 5: overcoming denials
    • Common denials
    – No response
    – Your request is overly broad
    – That record doesn’t exist
    – We’ll get back to you
    – Part is covered by exemption, so you can’t have
    any of it
    – You can have it…for $6 billion
    • Make the denial the story
    • Seek administrative options (appeal, AG)
    

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14. Meetings
    • Public meetings also required to be
    open to public access
    – Federal Sunshine Act (1976)
    – Texas Open Meetings Act (Tex. Gov’t
    Code § 551)
    • In general, must give 24 hours public
    notice before meetings
    • Exceptions: consultation with lawyers,
    personnel discussions, closed $ bids
    

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