Behind the Scenes - Responding to Public Records Requests

The District Office has offered training to employees on the topic of public records for many years; focusing on the release, retention and proper destruction of records. In training, we review MCCCD’s responsibility as a political subdivision of the state of Arizona and our duty to promptly respond to requests. As a large multi-college district, where each location has an administrative structure, a process was established to assist the colleges. Requests from citizens may be submitted to the Office of Ombuds Services at the District Office, while media requests are handled by the appropriate college’s media contact. Large requests that involve records maintained at all colleges are coordinated out of the Office of Ombuds Services along with the appropriate college and District custodians.

Promptly Responding to Requests

Some records, such as Governing Board meeting minutes, are available on-line and archived in a library and are readily accessible. Others, depending upon age, may be in storage. How promptly records are released depends on the breadth of the request and the parameters that may or may not have been provided. Many times, requests are written such as, “I am requesting any and all documents and correspondence related to X subject.”  In this instance, stating a time period of interest would be helpful. Terms such as “all documents or correspondence” require that we identify exactly what may fall within that broad scope. Whereas, a request for a specific document – such as meeting minutes, travel requests, reimbursement records, etc. help to focus the  search.

How Does The Process Work?

The first question to answer is whether the record exists. The law does not require the creation of documents in reply to a request, but that we open for inspection those that do exist and are subject to disclosure. The next question is “who is the custodian and where are the records?” Depending upon the documents being requested, every MCCCD employee could be a custodian at some point. Records should be maintained according to their value and the guidelines established by the State Library, Archives and Public Records.

What About Personal Information?

While certain information about public sector employees such as job title or salary is considered public, other information is not.  Identity theft has captured major headlines in recent years, and prior to releasing a record, it is reviewed to determine whether information such as social security numbers, personal credit card numbers, home addresses and phone numbers or medical information about an employee is present. If so, this information is redacted from the document.
Many archived documents such as travel requests and reimbursement forms, contain such information. Redacting often requires a manual, page by page screening. In all cases, the document is protected in its original form and only copies should be redacted. Depending on how expansive the request, i.e., several years of records for all colleges and all employees, the redacting process can be extensive in order to ensure that such sensitive information is removed.

Making Records Accessible

The public may also review records at no charge during normal business hours. If a party wishes to have a hard-copy of a document, a $.25 per page reproduction fee is assessed and collected prior to release. Parties that are seeking access to records for the purpose of commercial use, such as a vendor seeking to solicit, are charged a commercial fee.

In all instances, the lines of communication with the requestor should remain open in order to facilitate the prompt release of records. Whether it involves reviewing the request in order to get a better handle on the scope or keeping the party apprised of when the documents will be available, it is important to communicate the status of the request.

How Can I Find Out More

Visit: www.maricopa.edu/legal/pr/index.htm to review the Board Policy on Requests for Public Records as well as Information on Records Retention. You may also call the office of Ombuds Services at (480) 731-8880.

Published in the Spring 2008 Edition of In Brief