This document provides an overview of public information laws and how they apply to government agencies. It states that government information is public unless it fits an exception outlined in statute and includes records collected or maintained for official business. Common exceptions include personnel files, pending litigation documents, confidential student records, and teacher evaluations. The agency must determine if an exception applies and ask the Attorney General for a ruling within 10 days of a written public information request. The agency must make a good faith effort to provide responsive information to requesters while balancing public access rights with privacy concerns.

1. Public Information
What’s Public What’s Not!
Brad Domitrovich

2. Public Information Act
Government is the servant, not the
master.
People are entitled to complete
information, with limited exceptions.
Government does not get to decide
what is good for the people to know.

3. General Rules
Information is public unless it fits one of
the exceptions in the statute.
Applies to information “collected,
assembled or maintained” in connection
with official business.

4. General Rules (continued)
Includes a book, paper, letter,
document, printout, photo, film, tape,
microfiche, microfilm, photostat,
sound recording, map, drawing, voice,
data or video representation in
computer memory.

5. This is public information ...

6. This is public information ...

7. Student Records
This chapter does not require the
release of information contained in
education records of an educational
agency or institution except in
conformity with the Family
Educational Rights and Privacy Act
of 1974. (FERPA)

8. Common Exceptions: I
Information that is “confidential by law.”
Information in a personnel file if the
disclosure would be a “clearly
unwarranted invasion of personal
privacy.”
Your college transcript, except for degree
obtained and curriculum studied.

9. Common Exceptions: II
 Information pertaining to pending litigation.
 Information that would give a bidder an
advantage.
 Location or appraisal of property under
consideration.
 Home address, phone number of public
employees who exercise “opt out” option.
 SSN.

10. Teacher Evaluations?
A document evaluating the performance
of a teacher or administrator is
confidential. (Texas Education Code 21.355)
This applies to any document
“evaluating performance”—not just to
the formal evaluation instrument.

11. Who Decides?
 The Attorney General’s office must decide if a
particular document meets one of the
exceptions.
 After receipt of a written request, the school
must ask the AG for an opinion within 10
business days.
 Failure to ask for an AG opinion in a timely
fashion will mean that the information is
deemed public, subject to very limited
exceptions.

12. Basics of the PIA Request
Our duties under the PIA are triggered
only by a written request.
“Written” can be on paper or electronic.
It does not have to include any magic
words.
Use common sense.

13. We don’t have to …
Create information that does not exist.
Answer questions.
Copy or permit copying of commercially
available or copyrighted publications.
Compile or extract information when
access to the records by the requester will
suffice.

14. We Do Have To…
 Treat all requests uniformly.
 Give the requester “reasonable comfort
and facility for the full exercise of
rights.”
 Make a good faith effort to find
information that is responsive to the
request.

15. Process
Date stamp the request.
Notify your public information
officer.

16. In Conclusion
The PIA requires us to
balance the public’s right to
know vs. legitimate privacy
and confidentiality
concerns.

17. Questions?
Brad Domitrovich