WEATHERFORD —
State law outlines that public records may be obtained for 10 cents a page (with a double sided single page counting as two pages).
Done. Right?
Uh, no. Government is never that easy or cut-and-dry.
For example, you’ll see many law enforcement offices —especially — that charge $5 a page for accident reports. There’s no specific law against that — most people only ever have one accident report they need in their lifetime and $5 won’t break them — but you can dispute the cost.
The Texas Administration Code outlines the 10-cent-a-page rule. The administration code is a guide for public entities — so for example, they tell a city or a police department what type of records they should be keeping and how to manage their personnel, giving them guidelines for running their entity.
However, the Texas public records statutes state, “Agencies are allowed to charge reasonable fees for search and copying charges. Each agency will have its fees posted in their regulations. Costs may include time charged for agency personnel (clerical and professional), computer use and duplication fees.”
There’s the rub.
They are free to charge you for their personnel time and any expense in obtaining the record if it’s not readily available — say, they have to drive to a warehouse to sift through old records to find it.
If they intend to charge you $40 or more, you can ask for an itemized report of their expenses.
At the Freedom of Information conference I attended last week, we were told about what happened in a Fort Worth case a year ago. A newspaper asked for police reports from a certain area and time period. The police department said it would take four years and $120,000 to produce the reports. When the paper asked for an itemized list, they were able to dispute this and mediate it with the department directly. They got the reports two days later for $100 on a CD.
Don’t be afraid to ask why you’re having to spend a certain amount of money — and know that the government entity should tell you, BEFORE you pay, how much they will charge you for the record. If it’s too much, then you can walk away.
The state public records law also notes, “No advance payment is required unless the requester has failed to pay fees in a timely fashion or the expected fee will exceed $250.”
However, most public entities will want you to pay before they give you the records.
And, once you have them, you can turn around and try to “return” them for a refund. If you paid $100 for the records, then they are yours to keep and there’s no going back.
Be sure that before they get your money, you look through them to verify that these are the records you want so you won’t be out the money you paid.
Additionally, in most cases, you should be able to preview the record to see if it’s what you want.
Sometimes government entities will tell you that they don’t have it readily available for you to see. But, some things, such as budgets, are printed out and you should be able to sift through those in advance.
A good resource for sorting out expenses and helping you figure out how to obtain public records is the Freedom of Information Foundation of Texas. Visit them at http://foift.org or call 512-377-1575.
Tomorrow, I’ll expand on the foundation and other resources for helping you obtain records.
— Margarita Venegas, Editor
Columns
Public records — what’ll it cost?
- Columns
-
- Keeping Your Money Safe over the Phone
- Veteran's Corner
- Millsap Matters: Long time Millsap ISD educator retires
-
Now Hear This
While I’m really not qualified to be referred to as “elderly,” I’m certainly no “spring chicken.” In thinking back over the sixty plus years that I can actually recall from a teenager or adult perspective, it is startling to note the changes I’ve seen in both our nation and Parker County.
-
David Shribman: As World War II veterans depart
One was the first black person elected to the Senate since Reconstruction. One was a groundbreaking voice for civil rights, another for the environment. One attached his name to a signature tax-cutting measure. One has his picture on the 50-cent piece, another on the $10,000 U.S. Savings Bond, and three are pictured on postage stamps. Eighteen ran for president, and three served in the White House.
-
THE IDLE AMERICAN: To Be or Not To Be?
When push came to shove during the Great Depression, the masses were unable to shove back. Instead, they relied on creativity to “make do.” Thanks to patterned sacks containing livestock feed--as well as kitchen flour--many wardrobes depended greatly on foot-powered Singer sewing machines. Mostly, women turned out the “make do” garments willingly worn by adults and children alike.
-
Rev. Lou Tiscione: Character: What is it and can it be seen?
Character is the word used to describe the personal qualities of an individual. The qualities in view concern a person’s morals and ethics.
-
Taste never takes a vacation
Why do so many people think that the arrival of summer means it’s time to pack away all the clothes that actually fit them? That it’s time to reveal their out-of-shape bodies by wearing Speedos and tube tops? Noel Coward used to ask, “Why do all the wrong people travel?” Now, I’m pretty sure he would ask, “Why do all the wrong people wear skimpy clothes?”
-
Warren misses the mark on education debt problem
College graduates facing a crushing debt – some more than $100,000 – is a very big and a very real problem.
- The question that must be asked: Can America be saved?
- More Columns Headlines
RAW: NSA Director Says 50 Plots Foiled
Boeing, Airbus Battle for Sales Supremacy
NYC 911 Call Lasts for 8 Hours
Obama: US Has Helped Syrian Rebels
Afghan Forces Take Afghanistan Security Lead
Raw: 100K Protesters Flood Brazilian Streets
California Cops Cruise on Stand-up Paddle Patrol
Transgender Candidate Running in NYC
Obama: NSA Secret Data Gathering 'Transparent'
Man Who Disrupted Flight Ranted About CIA
Feds: 7-Eleven Stores Exploited Immigrants
Fla. Teen Catches Ride With Whale Shark
Iran's Rowhani Urges 'Path of Moderation'
Investigators Probe Origin of Colo. Wildfire
Ex-NFL Star Chad Johnson Out of Jail
Family Tweets Say Kim Kardashian Gives Birth
