MANAGING RECORDS REQUESTS AND DOCUMENT RETENTION - c.ymcdn.comc.ymcdn.com/sites/€¦ · MANAGING RECORDS REQUESTS AND DOCUMENT RETENTION ... (Tex. Gov’t § Code 552.130) Certain

MANAGING RECORDS REQUESTS AND

DOCUMENT RETENTION

Presented by:

Christine Badillo and

Haley Turner

Attorneys at Law

Austin * Irving * San Antonio * McAllen * Houston * Albuquerque

Walsh Anderson © 2012 Page 2

Anything involving school district records – making them, filing them, keeping them, disclosing them, publicizing them, even trashing them – can become a confusing tangle of laws, policies, and practical questions. This presentation is aimed at helping personnel administrators navigate the guiding principles related to managing and retaining employee records.

RECORDS REQUESTS

A. THE PUBLIC INFORMATION ACT The general rule under the Public Information Act (PIA) is that all information maintained by a governmental entity is public. However, the Act includes exceptions which allow for specific types of information to be withheld by either requesting a decision from the Attorney General or by citing a statutory provision or previous opinion of the Attorney General that allows non‐disclosure of the information. Generally, the district has 10 business days to respond to a records request by either producing the records, providing a cost estimate, or seeking to withhold the information through a determination from the Attorney General.

1. Non‐Disclosure Does Not Require Submission to Attorney General

There are some types of information which the district may be able to withhold without first conferring with the Attorney General’s office.

a. Basic Employee Information (Tex. Gov’t Code § 552.024) The PIA requires each district employee to choose whether or not to allow public access/disclosure of information relating to:

Home address;

Home telephone number;

Social security number;

Emergency contact information; or

Whether employee has family members.

Each employee may designate any or all of these categories of information from public disclosure. This choice only has to be made once by each employee during his/her employment with the district, and must be submitted in written, signed form within 14 days of the beginning of employment. See Attachment A for sample form. An employee can subsequently request to amend his/her choices. If the employee chooses not to allow public access to any or all of the above information, that information is exempt from disclosure, and, therefore, may be withheld by the district without need for an Attorney General opinion. Districts can redact the information before producing the records without needing to


involve the Attorney General. However, if a district redacts this personnel information from records which it then produces to the requestor, the district must inform the requestor of his/her right to challenge the withholding. The Attorney General has a form letter on his website which must be provided to the requestor at the same time the responsive documents are produced. See Attachment B, or http://www.oag.state.tx.us/open/ord_forms.shtml. If you receive a request regarding a new employee who has not yet submitted his/her public access option form, but the employee is still within the 14‐day window, it is permissible to notify the requestor that some of the information is not currently available pursuant to section 552.024. The district should produce the information requested once the employee has timely submitted the required form. However, once the 14‐day window closes, the employee’s information is subject to public access until the employee submits a written form stating otherwise.

When an employee leaves the district, he or she has 14 days from the last date of employment within which to provide the district written notice that the employee information may or may not be disclosed. If a former employee chose not to release his/her information during employment, but after leaving the district did not submit any form indicating that the information should not be disclosed in the future, the information should be considered public by the district.

b. Confidential Student Information (Tex. Gov’t § Code 552.114)

On occasion, student records or other confidential student information may be located in personnel files or other public information requested from the district. Under the Family Educational Rights and Privacy Act (FERPA) student education records maintained by a school district receiving federal funding may not be disclosed without written parental consent or court order. FERPA, as a federal law, trumps any provision in state law requiring that records maintained by a governmental entity be made public. The PIA acknowledges this student confidentiality, excepting from disclosure any “information in a student record at an educational institution funded wholly or partly by state revenue.”

Board Policy FL (Legal) and (Local) set out those instances when FERPA does not require parental consent prior to disclosure of student information to a third party. Unless parental consent has been obtained or there is an exception to the parental consent requirement, a district may not disclose confidential student information in response to a request for public information. Withholding student education records does not require a determination from the Attorney General; the U.S. Department of Education has declared that the Texas Attorney General is not even authorized to review student records in order to make


determinations regarding whether the district is required to disclose information. Districts must redact or withhold confidential student information prior to providing any records to a requestor and without requesting an opinion from the Attorney General.

c. Social Security Numbers (Tex. Gov’t § Code 552.147)

The social security number of any living person can be redacted from public records which the district discloses in response to a PIA request without need for a request to the Attorney General. This protects the social security numbers of current and former employees, applicants, students, parents, community members, etc.

d. Texas Driver Information (Tex. Gov’t § Code 552.130)

Certain Texas driver information may be withheld without an opinion from the Attorney General, including: a Texas driver’s license number, a copy of a Texas driver’s license, a Texas license plate number, video/photo revealing any portion of a Texas license plate, and a Texas‐issued motor vehicle title or registration. No Attorney General request is required. However, if a district withholds or redacts this driver information from records, the district must inform the requestor of his/her right to challenge the withholding. The Attorney General has a form letter on his website which must be provided to the requestor at the same time the responsive documents are produced. See Attachment C, or http://www.oag.state.tx.us/open/ord_forms.shtml

e. Access Device Numbers (Tex. Gov’t § Code 552.136)

Certain numbers which may be used in conjunction with other information in order to obtain a thing of value or transfer funds may be redacted or withheld without the Attorney General. “Access device” numbers includes insurance policy numbers, bank account numbers, bank routing numbers, credit/debit/charge card numbers or any portion of those numbers (i.e., last 4 digits). No Attorney General request is required. However, if a district withholds or redacts this information from records which it then produces to the requestor, the district must inform the requestor of his/her right to challenge the withholding. The Attorney General has a form letter on his website which must be provided to the requestor at the same time the responsive documents are produced. See Attachment D, or http://www.oag.state.tx.us/open/ord_forms.shtml


f. Direct Deposit Authorization Forms

A direct deposit authorization form completed by an employee is not specifically protected from disclosure under the PIA, but has been previously determined to be excepted from disclosure by the Attorney General based on the Texas common law (court created) right to privacy. No Attorney General request is required. However, the district must notify the requestor in writing that it has relied on Attorney General Op. No. OR‐684 (2009) in redacting or withholding this information.

g. Employment Eligibility Verification Form I‐9

An employee’s eligibility verification form I‐9, and any attachments to the form are confidential under federal law and not subject to disclosure in response to a PIA request. No Attorney General request is required. However, the district must notify the requestor in writing that it has relied on Attorney General Op. No. OR‐684 (2009) in redacting or withholding this information.

h. W‐2 and W‐4 Forms

An employee’s W‐2 and W‐4 forms are confidential under federal law, excepted from the requirements of the Act, and may not be disclosed in response to a PIA request. No Attorney General request is required. However, the district must notify the requestor in writing that it has relied on Attorney General Op. No. OR‐684 (2009) in redacting or withholding this information.

i. Fingerprints (Tex. Gov’t Code § 560.003)

Any portion of a document disclosing a fingerprint or portion of a fingerprint is confidential and may not be disclosed without the owner’s consent. No Attorney General request is required. However, the district must notify the requestor in writing that it has relied on Attorney General Op. No. OR‐684 (2009) in redacting or withholding this information.

j. Email Addresses

An email address of a member of the public can be withheld or redacted without a request from the Attorney General. The district must notify the requestor in writing that it has relied on Attorney General Op. No. OR‐684 (2009) in redacting or withholding information determined to be confidential in that opinion. This exception protects the email addresses of members of the public, as well as the personal, non‐school email addresses of employees and board members. Please


not that this is limited to the address and not the contents of the communication.

k. Form DD‐214 or Other Military Discharge Record (dated after Sept. 1,

2003) A district can withhold or redact information regarding a Military Discharge record (usually a DD‐214 form). No Attorney General request is required. However, the district must notify the requestor in writing that it has relied on Attorney General Op. No. OR‐684 (2009) in redacting or withholding this information.

2. Non‐Disclosure Requires Submission to Attorney General

The following list is only a small sample of the types of district information which may be withheld only with the permission of the Attorney General. Districts receiving a request for this information should contact their legal counsel for guidance. a. Medical Records (Tex. Gov’t Code § 552.101)

Section 552.101 of the Act excepts information that is considered to be confidential by law. That applies to information that is confidential under constitutional law, statutory law, or by a judicial decision.

Documents created by a physician. The Medical Practice Act provides that a record of the identity, diagnosis, evaluation, or treatment of a patient is confidential. Tex. Occ. Code §§ 159.002(b)‐(c). However, this only applies to records that a physician, or someone under the supervision of a physician (such as a nurse), created. Att’y Gen. Open Records Decision Nos. 487 (1987), 370 (1983), 343 (1982). This will cover anything in the personnel file which was created by a physician or physician’s assistant, nurse, etc.

Documentation of an employee’s disability. Any information collected under, or in compliance with, the Americans with Disabilities Act (ADA) is confidential under section 552.101 of the PIA. This would include any information concerning the individual’s medical condition and medical history, as outlined by the ADA. Most often, this will consist of medical information or documentation submitted by an employee to prove the existence or effect of a claimed disability. Furthermore, this type of information must be collected and maintained separately from other information and may be released only as provided by the Americans with Disabilities Act.


Common law right to privacy. Section 552.102(a) of the Government Code except “information in a personnel file…which would constitute a clearly unwarranted invasion of personal privacy.” This exception applies when the released information would result in a violation of the common‐law right to privacy.

There is a two‐part test for determining whether information is protected by the common law right to privacy.

(1) The information requested contains highly intimate or embarrassing facts about a person’s private affairs so that releasing it would be highly objectionable to a reasonable person, and

(2) The information is not of legitimate public concern.

The types of information that are usually considered intimate and embarrassing include information relating to sexual assault, pregnancy, mental, or physical abuse in the workplace, illegitimate children, psychiatric treatment of mental disorders, attempted suicide, and injury to sexual organs. Furthermore, the Attorney General has found the following to be excepted from required public disclosure under common law privacy:

Some kinds of medical information such as: illness from severe emotional and job‐related stress, prescription drugs, illnesses, operations and physical handicaps

Identities of victims of sexual abuse

b. Teacher and Administrator Evaluations and Reprimands (Tex. Gov’t Code § 552.101)

Evaluations. Section 21.355 of the Education Code makes confidential a “document evaluating the performance of a teacher or administrator,” therefore that information is excepted from disclosure as it fits under section 552.101’s “confidential by law” exception. However, in order to be protected from disclosure under Texas Education Code § 21.355, the evaluation instrument must: (1) evaluate the performance, (2) of an SBEC certified teacher or administrator. The employee must have been acting as a teacher or administrator at the time of the evaluation. This would include official PDAS documents as well as district‐created evaluations, and self‐evaluations.

Written reprimands. Written reprimands are also excluded under section 21.355 because they evaluate and document the performance deficiencies of a teacher


or administrator. The same requirements apply as for traditional evaluations, as detailed above

c. Employee Transcripts (Tex. Gov’t Code § 552.102)

Under Government Code, Section 552.102, most information on a transcript from an institution of higher education which is maintained in the personnel files of professional public school employees is protected from required public disclosure. However, this section does not except from disclosure information on a transcript detailing the (1) degree obtained, and (2) the curriculum pursued; that information must be disclosed. The information withheld will generally consist of GPA, grades, credits earned, and academic status (e.g., probation, Dean’s list). d. Other Personal Employee Information (Tex. Gov’t Code §§ 552.117 and

552.137 The Attorney General has said that as long as the district does not pay for the cellular service, an employee’s personal cell phone number is confidential, as is the employee’s personal email address, unless the employee consented to the disclosure. Additionally, the employee’s cell phone bill is confidential unless the district pays for the service directly or receives the bill from the service provider at the district offices.

e. Requesting a Decision from the Attorney General

If a district wishes to withhold information which requires submission to the Attorney General, it must put the Attorney General on notice of its intent to request withholding and a list of the reasons. Any reason not listed in the 10‐ day letter is waived and cannot later be asserted. The district must submit the information, along with arguments in support of withholding the information, within 15 district business days of receiving the request. The district must also send to the requestor a copy of the letter submitted to the Attorney General. The letter to the Attorney General should be in writing and include: the requested information marked with claimed exceptions and proof of the date on which the request was received (i.e., signed statement, date stamp, fax transmission, etc.). The district must also keep the requestor updated on any additional or supplemental correspondence with the Attorney General. The Attorney General has 45 business days to issue a ruling. After the district receives the ruling, it should provide the public information to the requestor within 10 business days or as soon as administratively possible.


3. Special Consideration for Criminal History Records

a. Public Information Act & Texas Education Code

The Texas Government Code makes a person’s criminal history record information confidential as a matter of law. Therefore, the DPS criminal history record obtained by the district can only be disclosed to authorized district personnel, the person who is the subject of the criminal history review, TEA, and SBEC. Any other disclosure requires a court order. This means that a person’s criminal history cannot be disclosed pursuant to a Public Information Act request.

The Education Code also prohibits a school district from releasing the information it collects from an applicant or employee in order to obtain the criminal history information. This includes the person’s name, address, driver’s license, social security numbers, fingerprint records and any other information gathered. That information can only be released with the individual’s consent or with a court order.

Despite the fact that state law makes a person’s criminal history information confidential, a district must still seek a determination from the Attorney General in order to withhold these records.

b. Confidentiality Requirement is Broad

Under the Government Code the fact that a person even has a criminal history at all is confidential information. Therefore, district employees cannot disclose information that could reveal the identity of a person about whom a record was requested or information that directly or indirectly indicates, implies, or confirms that the person was involved in the criminal justice system. So the district should be extremely cautious about being drawn into requests for information about, for example, a hiring decision of a person with a criminal history and steer clear of any answers that may acknowledge the existence or nonexistence of a criminal history.

Also, the law protects the information in any criminal history related records, not just the actual document printed from the DPS

TWO AUTHORIZATION LEVELS DPS authorizes two groups of employees to view criminal history information: (1) Full Authorization – typically Human

Resources Personnel

Have ongoing access to view all employee criminal histories as part of their duties.

(2) Access Only ‐ Ultimate Employment Decision Makers

Can only view specific information on a limited number of individuals when making an “ultimate employment decision” about a person.


clearinghouse. Criminal history record information refers to the information, in whole or in part, in its original form or any subsequent form or use. For example, information from a criminal history record continues to be protected after it is copied into a spreadsheet and combined or summarized with other information.

c. Intra‐District Disclosure of Criminal History Information

While individuals who are the subject of the criminal history may obtain their own criminal history records from DPS, a district employee may also request his or her criminal history information which is maintained by the district at any time.

As discussed above, the fact that a person does or does not have a criminal history is confidential Therefore, only DPS authorized district employees may access criminal history records. Those authorized district employees cannot disclose to other, non‐authorized district personnel or board members information regarding an employee’s criminal history, the absence or existence of a criminal history, or sufficient criminal history information to make the individual identifiable.

Under state law, it is a crime to “knowingly and intentionally” obtain, use or disclose criminal history information for an unauthorized purpose or to an unauthorized person.

4. Responding to a Public Information Request

a. Attorney General Cost Rules The charge for providing a copy of public information shall be an amount that reasonably includes all costs related to producing the public information. However, if the request is for 50 or fewer pages, the charge is generally limited to a per‐page cost and/or the cost of any other materials required to produce the information (i.e., CDs, DVDs). If the request is for more than 50 pages, the district can charge for labor time as well.

If the total cost to produce the requested information will exceed $40, the district must send an itemized statement of estimated charges to the requestor. If the requestor does not respond to the cost estimate within 10 business days,

COPY CHARGES The Attorney General, per Texas Administrative Code § 70.10, has adopted the following charges:

Standard paper copy: $0.10/page

Diskette: $1.00

CD: $1.00

Labor Cost for Compiling: $15/hour

Remote Document Retrieval: Actual Cost

Postage and shipping: Actual Cost

Sales Tax: None should be applied


the district may consider the request withdrawn. The cost estimate must also include a statement of the estimated cost including the following: (1) if there is a less expensive way for the requestor to obtain or view the requested public information and (2) notice that the request will automatically be withdrawn if the requestor does not respond within 10 business days. b. Requests for Clarification If a request for information is not clear, the district may request clarification in writing. This is one of the few instances in which the district is permitted to inquire into the specifics of a request. A request for clarification must be made in good faith (i.e., there is a legitimate need to seek clarification of what is being requested due to ambiguity, conflicting statements or confusing language). A request for clarification must be sent via certified mail if the requestor’s mailing address has been provided to the district, and must include a statement that if a response is not received from the requestor within 61 calendar days the request will be considered withdrawn. A request for clarification should be submitted within 10 business days of the public information request and has the effect of stopping the timeline for submission to the Attorney General. The date on which the clarification is provided by requestor becomes the new day zero and the 10 day time period starts again.

c. Denying a Request for Records

If the district denies an employee’s request, they must either state the exception to disclosure (i.e., cite to the section of the PIA or the previous determination), or the district must seek a determination from the Attorney General.

d. Frequent Requests from the Same Employee

When responding to repetitious or redundant requests, the district can respond to a request that the copies have already been furnished or made available. However, the district may provide the information again, at its discretion.

If the district chooses to reply that some or all of the information has been previously furnished to the requestor, the reply must state:

1. A description of the information for which copies have been

previously furnished or made available to the requestor;

2. The date the district received the requestor’s original request for that information;


3. The date the district previously furnished copies of, or made

available, copies of the information to the requestor;

4. A certification that no subsequent additions, deletions, or corrections have been made to the information; and

5. The name, title, and signature of the district officer who made the certification.

The district should ensure that any information which has not been previously requested is produced or otherwise handled as a new request.

B. EMPLOYEE REQUESTS FOR PERSONNEL RECORDS

1. Do We Have To?

An employee is entitled to that information which pertains to his or her employment. However, this entitlement may be limited where the privacy rights of a third party are implicated. Section 552.023 of the Government Code provides an individual with a limited special right of access to information about that individual. Employee’s have a special right of access, beyond the right of the general public, to information which pertains to their employment with the district.

SAYING NO

In general, when a school district has determined that

information must be withheld or protected from disclosure, it

must do three things:

1) Seek a ruling from the Attorney General

2) Copy the requestor on the Attorney General

communication

3) Notify any third party who has a trade secret or a

commercial financial interest in the information

requested.

After the Attorney General answers the district, public

information must be produced within 10 business days or as soon

as administratively feasible.


2. Can We Charge Them?

The best practice is for a school district to provide employees with at least one copy of their personnel file free of charge, unless board policy or internal regulations or rules provide otherwise. Check your local policies and employee handbook for provisions regarding charges for employee records. If there are rules which specifically apply to employee records requests, those rules should be consistently and uniformly enforced with all employees. If no specific rules exist, look to policy GBA or GBAA regarding permissible charges for any public information request.

3. Providing an Employee’s Records to a Representative

An employee may have a representative request or accept the requested employment information. The district should request a signed authorization from the employee specifying the records to be released and to whom in order to be sure that the representative is authorized to access the otherwise confidential information. If uncertain, the district may verify the validity of a submitted authorization with the employee.

MANAGING DISTRICT DOCUMENTS

A. General Records Retention Rules

1. The Law and Policy

Both federal and state laws govern the retention and destruction of district records. The State Library Archives Commission sets the minimum standards for the retention and destruction of records by governmental entities such as school districts. The two most important schedules for personnel administrators are:

Local Schedule GR: Records Common to all Governments Local Schedule SD: Records for Public School Districts

By state law, a district must establish a records management program which is approved by the State District State Library Archives Commission. The policies at CPC (Legal) and (Local) provide an overview of the law and local rules regarding records retention.

The state personnel records retention requirements can be obtained on the archives commission website: https://www.tsl.state.tx.us/slrm/recordspubs/localretention.html.


District policies CPC (Legal) and (Local) address records retention, and TASB’s Policy Services offers a CPC Regulation as well.

B. Unique Records Retention Issues

1. Criminal History Information

Texas Government Code, Section 411.097 requires that criminal history information must be destroyed on the earlier of:

(A) The first anniversary of the date the information was originally obtained,

or

(B) The date the information is used for the authorized purpose.

For practical purposes, this means that once an employee has been hired by a school district, the “authorized purpose” has been accomplished, and the criminal history record information should be destroyed. Because the law permits a district to obtain criminal history record information about an existing employee, the district can always do so on an ongoing basis. However, if the applicant is not hired or an employee is terminated on the basis of the criminal history, the information should be retained for one year. This one‐year period allows the individual to exercise his or her legal right to correct what they believe are inaccuracies in the record. After that one‐year period the information should be destroyed.

Under DPS rules, employee criminal history information must be maintained separately from the employee’s other records. Therefore, school districts should consider maintaining two employee files: one serving as the district’s official personnel file, and the other serving as a file for other records relating to the employee (including evidence that a criminal record check was conducted or was related to any employment decision made by the district).

2. Proper Maintenance and Sharing of Medical Documents In Open Records Decision No. 641 (1996), the attorney general ruled that information collected under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., from an applicant or employee concerning that individual’s medical condition and medical history is confidential under section 552.101 of the Government Code, in conjunction with provisions of the Americans with Disabilities Act. This type of information must be collected and maintained separately from other personnel records. This will include things like FMLA and workers compensation documents.

Likewise, the Medical Practice Act, part of the Occupations Code, makes confidential any “record of the identity, diagnosis, evaluation, or treatment of a patient by a physician


that is created or maintained by a physician…” Such information maintained by the district can only be disclosed “consistent with the authorized purposes for which the information was first obtained.” This limits both intra‐district disclosure as well as public disclosure. The Health & Safety Code contains similar provisions related to mental health records.

3. Maintaining and Disclosing Electronic Data The State Library Archives Commission says about electronic records: “The retention period for a record applies to the record regardless of the medium in which it is maintained. Some records listed in this schedule are maintained electronically in many offices, but electronically stored data used to create in any manner a record or the functional equivalent of a record as described in this schedule must be retained, along with the hardware and software necessary to access the data, for the retention period assigned to the record, unless backup copies of the data generated from electronic storage are retained in paper or on microfilm for the retention period. . . .” This means that electronic records must be retained and maintained only to the extent they constitute a “district record” AND consistent with the content of the email or document (e.g., a complaint of harassment submitted via email).

As for email specifically, the Commission says: “Email is the medium or the delivery mechanism. It is not a records series. You would not choose to keep everything the mailman brings for 30 days. The mailman might bring you payments, catalogs, invoices, complaint letters, and more. You would have to look at each item of mail and decide how long to keep each item. The same goes for email. You have to read each email and place it into a records series.”

The Texas Government Code also affirms that the PIA applies to recorded information in practically any medium, including: paper; film; a magnetic, optical, or solid state device that can store an electronic signal; tape; mylar; linen; silk; and vellum. This means that under the PIA, if public information exists in an electronic format, such as an email, then the district has to produce it if it would otherwise have to produce it under the Act. However, the district has no obligation to disclose information it does not collect or maintain, or has been destroyed under proper records retention schedule. Be aware too that by policy, employees have limited personal use of district email. Therefore, personal email and documents of employees do not typically have to be retained and do not have to be disclosed under the PIA. However, a determination would be needed from the Attorney General to withhold such records.

4. “Litigation Holds”

State and federal rules of procedure address the retention of information which is subject to discovery in any actual or threatened litigation. When a person or entity is sued, they are then prohibited from destroying information which may relate to the


lawsuit. The principle of fairness applies not just to formal lawsuits, but also to district‐level disputes, grievances, board hearings, EEOC complaints, and internal complaints. When your legal counsel advises the district that a litigation hold is being instituted, you will be informed of this fact and that litigation hold will override your normal document retention and destruction rules. Employees can resume regular document destruction only after receiving notice from the district that the litigation hold has been lifted.

Public information requests can be overwhelming and expensive, and managing documents can be cumbersome. It is important to keep in mind that federal and state laws dictate nearly everything a district does in handling each and every document which comes into its possession. Document your actions and contact your legal counsel if you’re unsure! The information in this handout was created by Walsh, Anderson, Gallegos, Green, & Trevińo, P.C. It is intended to be used for general information only and is not to be considered specific

legal advice. If specific legal advice is sought, consult an attorney.


TEXAS GOVERNMENT CODE SECTION 552.024 PUBLIC ACCESS OPTION FORM

Today’s Date: ______________________ Dear ____________________________: The Texas Public Information Act allows employees, public officials, and former employees and officials to elect whether to keep certain information about them confidential. Unless you choose to keep it confidential, the following information about you may be subject to public release if requested under the Texas Public Information Act. Therefore, please indicate whether you wish to allow public release of the following information.

Category of Information Public Access?

Home Address ____Yes _____No

Home Telephone Number ____Yes _____No

Social Security Number ____Yes _____No

Emergency Contact Information ____Yes _____No

Information that reveals whether you have family members

____Yes _____No

In accordance with this act, this form should be signed and completed no later than the 14th day after you have either: begun your employment with the district, been elected or appointed as a public official, or ended employment or service with the district. _____________________________________________ Signature _____________________________________________ Date Please return this form to: ____________________________________________ Human Resources

ATTACHMENT A


FORM LETTER: PUBLIC EMPLOYEE’S PERSONAL INFORMATION

Date Requestor name Requestor address 1 Requestor address 2 Requestor city, state zip Dear Mr./Ms.: We have received your public information request for [ ], dated [ ]. The information you requested contains the home address, home telephone number, emergency contact information, social security number, and/or family member information of a public employee or official. As allowed by section 552.024 of the Texas Government Code, this public employee or official has chosen to make this personal information confidential. Our office is prohibited by law from releasing this personal information to you, and therefore we have removed this information from the enclosed information we are providing to you. Normally, we must request a ruling from the Texas Attorney General before we can withhold any of the information you requested. However, section 552.024 allows us to withhold this specific information without requesting a ruling from the attorney general. You have the right to appeal our decision to withhold this information from you. Instructions for appeal are at the end of this letter. If you do not want to appeal, you do not need to do anything else. Please note that we are only withholding the specific categories of information that are confidential under section 552.024. We will process the rest of your request for information in accordance with the terms of the Public Information Act. Sincerely, GB name GB address 1 GB address 2 GB city, state zip GB phone/fax/email

ATTACHMENT B


How to appeal the withholding of information under Gov’t Code section 552.024 If you wish to appeal the withholding of information discussed on the previous page, you must send the following to the attorney general:

1) a signed, written statement indicating your wish to appeal the withholding of information;

2) the name of the governmental body that withheld information from you; 3) the date you made your original request for information; and

4) a copy of your original request for information, or if you are unable to provide a copy, a description of your original request for information.

You may also submit written comments stating why you think the information should be released to you, but you are not required to do so. Send your appeal by mail or fax to the attorney general at: Open Records Division P.O. Box 12548 Austin, Texas 78711-2548 Fax: 512-463-2092 Within forty-five business days after receiving all of the above-listed items necessary to file your appeal, the attorney general will issue a written ruling on the matter. You will receive a copy of this ruling in the mail.


FORM LETTER: MOTOR VEHICLE RECORDS

Date Requestor name Requestor address 1 Requestor address 2 Requestor city, state zip Dear M: We have received your public information request for [ ], dated [ ]. The information you requested contains information that relates to:

a motor vehicle operator’s or driver’s license or permit issued by an agency of this state or another state or country; or

a personal identification document issued by an agency of this state or another state or country or a local agency authorized to issue an identification document.

This information is confidential under section 552.130 of the Texas Government Code. Our office is prohibited by law from releasing this information to you, and therefore we have removed this information from the enclosed information we are providing to you. Normally, we must request a ruling from the Texas Attorney General before we can withhold any of the information you requested. However, section 552.130 allows us to withhold this specific information without requesting a ruling from the attorney general. You have the right to appeal our decision to withhold this information from you. Instructions for appeal are at the end of this letter. If you do not want to appeal, you do not need to do anything else. Please note that we are only withholding the specific categories of information that are confidential under section 552.130. We will process the rest of your request for information in accordance with the terms of the Public Information Act. Sincerely, GB name GB address 1 GB address 2 GB city, state zip GB phone/fax/email

ATTACHMENT C








FORM LETTER: ACCOUNT AND ACCESS DEVICE NUMBERS

Date Requestor name Requestor address 1 Requestor address 2 Requestor city, state zip Dear M: We have received your public information request for [ ], dated [ ]. The information you requested contains a credit card, debit card, charge card, or access device number that is collected, assembled, or maintained by or for a governmental body. This information is confidential under section 552.136 of the Texas Government Code. Our office is prohibited by law from releasing this information to you, and therefore we have removed this information from the enclosed information we are providing to you. Normally, we must request a ruling from the Texas Attorney General before we can withhold any of the information you requested. However, section 552.136 allows us to withhold this specific information without requesting a ruling from the attorney general. You have the right to appeal our decision to withhold this information from you. Instructions for appeal are at the end of this letter. If you do not want to appeal, you do not need to do anything else. Please note that we are only withholding the specific categories of information that are confidential under section 552.136. We will process the rest of your request for information in accordance with the terms of the Public Information Act. Sincerely, GB name GB address 1 GB address 2 GB city, state zip GB phone/fax/email

ATTACHMENT D





