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Maricopa Steward

Maricopa's Responsibility for Public Records Requests

MCCCD is a political subdivision of the state. A political subdivision is a quasi-government agency with powers and duties established in the state constitution and in state statute. Many records created by the MCCCD are considered public records. (Notable exceptions are most student and employment records.)

What is a record?

Arizona Revised Statue (A.R.S.) §41-1350 states records are: All books, papers, maps, photographs or other documentary material, regardless of physical form or characteristics… made or received… in connection with the transaction of public business… Records may include computer-based records, voicemail, text messages, email, photographs, motion pictures, video and audio recordings, charts, maps, drawings, plans, micrographics and more.

What are public records?

• According to A.R.S. §41-1347(A): All records made or received by public officials or employees of the state in the course of their public duties are the property of the state.
• Public records shall be open to inspection by any person at all times during office hours. (A.R.S. §39-121)
• All public bodies shall maintain all records... reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which are supported by monies from the state or any political subdivision of the state. (A.R.S. §39-121.01(B))

Maricopa’s Responsiblity

Maricopa is responsible for responding to all public records requests. This includes determining what will be disclosed—or not. Disclosure means to reveal, to make known, or to make available for inspection. With the exception of student education records, the majority of records that are created are subject to review. Non-disclosure means the act of, or decision made, to not disclose a record.

However, public officials cannot arbitrarily decide what information not to disclose.

Requests may be denied based upon the requirements established by state and federal law. Denying access to public records may occur if:

• The information is statutorily confidential or privileged (FERPA, HIPAA).
• The information falls within an individual’s right to privacy (personal address/phone, social security number).
• It is not in the best interest of the State to release it (to do so would seriously impair performance of duties).
• The records are sealed by Court Order.

Questions regarding disclosure or non-disclosure should be directed to the Office of General Counsel.

NOTE: Confidential information is protected from Public Records Requests except during a legal discovery process. Under such circumstances, all materials are subject to release to the appropriate authority.

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