ARNEVADA-L Archives

From: "jmautrey" <>
Subject: Open Records Act
Date: Fri, 18 Feb 2000 21:32:06 -0600

This is of general interest although it does affect Harris County, it could
affect all of our counties, this is in Texas, I don't know what is happening
regarding this subject in Arkansas. Does anyone know if any actions taken
to make sure the County employees are aware of the new changes?

This is in regards to Harris County, but affects all counties. Thanks
Bobbie for the great information as we visit the local court houses.


Of genealogical information:

Paper: Houston Chronicle
Date: THU 12/30/1999
Section: A
Page: 29 MetFront
Edition: 3 STAR

County workers get lessons on new records act

By JOE STINEBAKER
Staff

A recent overhaul of the state's open records act has
prompted Harris County Attorney Michael P. Fleming to
begin holding seminars for local government officials
on how to comply with the law.

The first of those seminars came Tuesday, with members
of Fleming's office telling a group of county employees
that the revamped act will require them to act promptly
and honestly in dealing with records requests from the
public and the media.

"More than anything, it's really summed up in the first
paragraph, where it says that basically the records in the
state are presumed open and government is presumed open,"
Fleming said. "It also says the law is to be construed
liberally in favor of openness and in favor of the
requestor. So, if anything, that is abundantly clear and
cannot be any clearer."

Under the new Texas Public Information Act , formerly known
as the Texas Open Records Act , the amount of time the state
attorney general would have to resolve open records disputes
is shortened to 45 days from 60 days. It also prohibits
governmental bodies from delaying the release of public
information by asking the attorney general for an open
records opinion if the attorney general or a court had
previously ruled that the information was public.

The act also gives Fleming's office a much higher profile
locally in dealing with records requests. The county attorney's
office will now take the lead in handling complaints against
all local governments in Harris County, including the City
of Houston, local school districts and other municipalities.

The act says that governments must respond to a records request
within 10 days. If the government fails to do so, or otherwise
fails to comply with the law, the requestor can file a complaint
with the county attorney's office. The office will investigate
the complaint and, if it determines a violation has occurred,
will give the government five days to comply with the request
or face a lawsuit.

Appeals of the office's decisions will be handled by the state
attorney general's office.

Fleming, whose office has been somewhat aggressive in
enforcing compliance with the state's open meetings and open
records laws locally, said he welcomes the new responsibility.
But, he said, he expects few problems once government
employees learn their responsibilities under the revamped law.

"If government is kept more open , I think that's great,"
he said. "Most of the governmental entities are going to be
familiar with the act and will make a good-faith effort to
comply with the law. I think the protections that are in there
for enforcement by the county attorney are to correct those governmental
entities that are flagrantly violating the act."

Fleming set up a special committee in his office in February,
before the new law was passed, to ensure that various county
boards and agencies fully complied with the state's Open Meetings
Act. That committee will now also take on responsibility for
handling complaints filed under the Public Information Act.

The office has set up a hot line for the public to answer
questions about the act and to field complaints. The telephone
number is 713-755-1573.

To ensure all local governments have a chance to become
familiar with their responsibilities, Fleming plans more
seminars. The next one, he said, will be sometime next month.
It will be open to the public, he said, and employees of local
governments across the county will be encouraged to attend.

"One of the reasons for doing the seminars is to ensure that
the elected officials and department heads . . . understand
what the law is and to cut down on some of the questions that
might be asked and concerns that may delay the delivery of
open records to people that are filing legitimate requests.
It should streamline the process."

Bobbie Ross, County Co-ordinator for Coryell County TX.
http://www.rootsweb.com/~txcoryel/
Family Home Page at: http://www.htcomp.net/ross
National Society of Daughters of the American Revolution at:
http://www.htcomp.net/ross/dar
"What this country needs is dirtier fingernails and cleaner minds" Will
Rogers

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