By Faith Chatham - Aug. 26, 2007
Susie Venable received a letter Aug. 25th from the Dallas District TxDOT attorney, Sue Reid offering to send her the "unobtainable" transcripts of the 2003 public hearing on FM 2499. The fee will be apx. $70.00 for photocopying.
Earlier this week in a telephone call, I advised Ms. Reid to confer with the Texas Attorney General's office regarding the legality of refusing to release materials based on copyright under Freedom of Information. I also mentioned that the Attorney General's office told me that they had not received a request from TxDOT for a waiver. Under Texas Law unless a request for waiver is received by the Open Records Division of the Texas Attorney General office within 10 working days of the receipt of the request for records under the Freedom of Information Act, the agancy must release the requested records.
Read more on OPEN GOVERNMENT.
The Open Records Division also provides an Open Government Hotline,
staffed by investigators who specialize in both the Public Information Act and the Open Meetings Act. These investigators can answer questions regarding these laws and can help resolve disputes involving the open government laws. However, the Hotline cannot provide legal advice to private citizens or governmental entities. The Hotline can be reached at (512) 478-OPEN (6736) or toll-free at (877) OPEN TEX (673-6839).
Public Information Handbook 2006 Texas Attorney General
2006 Administrative Law Handbook - Texas Attorney General
2006 Open Meetings Law Made Easy - Texas Attorney General
2006 Open Meetings Act Handbook - Texas Attorney General
2006 Public Information Act Made Easy - Texas Attorney General
2006 Eminent Domain Made Easy - Texas Attorney General
Other helpful publications:
2006 Public Officers: Traps for the Unwary - Texas Attorney General
2006 Conflict of Interest Laws Made Easy - Texas Attorney General
2006 Nepotism Laws Made Easy - Texas Attorney General
2006 Ethics, Gifts and Honorarium Laws Made Easy - Texas Attorney General
2006 Dual Office Holding Laws Made Easy - Texas Attorney General
Charges for Public Information
The Open Records Section of the Office of the Attorney General (OAG) discharges the mandates set out in Government Code, Chapter 552, Subchapter A, Section 552.009; Subchapter D, Section 552.205; and Subchapter F, Sections 552.261 through 552.274.
The OAG Cost Rules Administration administers the rules promulgated by the Attorney General to determine charges and methods for charging for copies of public information, complaints from requestors regarding overcharges for copies of public information, and requests from governmental bodies for exemption from the rules or part of the rules.
Additionally, the section provides advice to governmental bodies and requestors regarding the charges and their applicability.
OAG Rules for charges
Report on Charges for Public Information
Contact the Open Records Administrator:
Postal Mail:
Hadassah Schloss
Open Records Division
Office of the Attorney General
P.O. Box 12548
Austin, Texas 78711-2548
E-mail: hadassah.schloss@oag.state.tx.us
Telephone: 512/475-2497
Fax: 512/481-1992
Need More Information?
Charges for Public Information
Open Records in Texas
Open Records Rules (Secretary of State's website)
Agency Open Records Reports Login page
Instructions for Completing the Open Records Questionnaire
Open Records Questionnaire (Word97 format)
Report on Charges for Public Information: [2000 | 2002 | 2004]
Report Regarding the Posting Information on State Agencies' Web Sites (Word97 | PDF formats)
Showing posts with label TxDOT refuses open records request. Show all posts
Showing posts with label TxDOT refuses open records request. Show all posts
Sunday, August 26, 2007
Refusal of release of records based on copyright is not valid under Texas Public Information Law
By Faith Chatham - August 23, 2007
Under the Texas Open Records law, if release of requested records are refused, those refusing to release the records must file for a waiver from the Attorney General's office within 10 working days. If they do not apply for a waiver and are not granted a waiver, they must release the records.
In a phone conversation with the Texas Attorney General's Open Record's Division on Thursday, August 23rd, I was told that TxDOT had not filed for a waiver on the request of Susie Venable for records from TxDOT on the public hearings on SH 2499 in 2003. The representative at the Attorney General's office told me that materials being under copyright is not a valid reason for not releasing the records. Those receiving the records must adhere to the copyright laws.
There are "fair use" rules for copyrighted material. The Attorney General's office advised me that the Highland Village parents group (Susie Venable) should file a complaint with their (Attorney General's office) against TxDOT. It is a simple process and does not require a lawyer. All that is necessary to file a complaint with the Attorney General's office is to write a letter explaining that you requested materials from x agency and they have refused to release it to you. Attach your letter to the agency and the letter from the agency refusing to release the materials. If it has been over 10 working days, mention that it has been more than ten days and to your knowledge, the agency has not requested a waiver.
Under the Texas Open Records law, if release of requested records are refused, those refusing to release the records must file for a waiver from the Attorney General's office within 10 working days. If they do not apply for a waiver and are not granted a waiver, they must release the records.
In a phone conversation with the Texas Attorney General's Open Record's Division on Thursday, August 23rd, I was told that TxDOT had not filed for a waiver on the request of Susie Venable for records from TxDOT on the public hearings on SH 2499 in 2003. The representative at the Attorney General's office told me that materials being under copyright is not a valid reason for not releasing the records. Those receiving the records must adhere to the copyright laws.
There are "fair use" rules for copyrighted material. The Attorney General's office advised me that the Highland Village parents group (Susie Venable) should file a complaint with their (Attorney General's office) against TxDOT. It is a simple process and does not require a lawyer. All that is necessary to file a complaint with the Attorney General's office is to write a letter explaining that you requested materials from x agency and they have refused to release it to you. Attach your letter to the agency and the letter from the agency refusing to release the materials. If it has been over 10 working days, mention that it has been more than ten days and to your knowledge, the agency has not requested a waiver.
TxDOT denies open records request for Public Meeting Transcripts
Susie Venable requested a copy of the transcripts of the FM2499 public hearings held in July and October, 2003 from TXDot. In return, she received a letter this week stating that TXDot could not release the transcripts because of copyright laws. Instead they sent a copy of the cover page from the transcript (see attached files.)
Susie inquired further, wanting to understand how copyright laws applied to her request. Yesterday she received a call from the TXDot Dallas Dist. Staff attorney Sue Reid.
Ms. Reid informed Susie that under Common Law Copyright restrictions, the court reporter owns the transcripts. It is a work product. Ms. Reid explained that she attempted to reach the reporter and is unable to track her down.
Ms. Reid also called John Polster (Denton County’s transportation consultant), who is on vacation this week, because he should have a copy. She also said that Denton County paid for the transcript and they are the best place to contact. She also suggested we contact the Attorney General.
However, she prefaced all this by saying that even if they could get past the copyright laws, they are not sure they would release it!!!!
Susie is calling John Polster to make a request to him. Since he is on vacation, I am not sure how long this will be.
Susie inquired further, wanting to understand how copyright laws applied to her request. Yesterday she received a call from the TXDot Dallas Dist. Staff attorney Sue Reid.
Ms. Reid informed Susie that under Common Law Copyright restrictions, the court reporter owns the transcripts. It is a work product. Ms. Reid explained that she attempted to reach the reporter and is unable to track her down.
Ms. Reid also called John Polster (Denton County’s transportation consultant), who is on vacation this week, because he should have a copy. She also said that Denton County paid for the transcript and they are the best place to contact. She also suggested we contact the Attorney General.
However, she prefaced all this by saying that even if they could get past the copyright laws, they are not sure they would release it!!!!
Susie is calling John Polster to make a request to him. Since he is on vacation, I am not sure how long this will be.
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