San Leon Volunteer Fire Department

Public Information Act Policy

 public.information@sanleonvfd.org

1. POLICY

This policy is intended to comply with the Public Information Act as set forth in Chapter 552, Texas Government Code (the "Act" or "PIA"), as it exists, as it may be amended, and as it may be interpreted by Office of the Attorney General Rulings, Decisions, Opinions, and applicable case law. The Attorney General has published a Public Information Handbook that provides guidance to both personnel and citizens on the process and applicable rules. In accordance with the Act, all persons or entities requesting public information from the San Leon Volunteer Fire Department (the “Department”) shall be treated uniformly.

Questions regarding the scope and application of this policy should be directed to the Public Information Officer for the Department. Department employees and officials should generally presume that any record relating to their functions within the Department will be within the scope of the Act, but there may be exceptions to mandatory public disclosure which call for or allow withholding of the information from the public.

2. DEFINITIONS

Business day means any day that the general administrative offices of the Department are open and conducting business.

Normal Business Hours means between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for observed holidays.

OAG means the Office of the Attorney General of the State of Texas.

PIA means the Texas Public Information Act (Texas Government Code Chapter 552, as amended).

Public Information Officer means the Assistant Chief or his/her designee.

Request or PIR means a properly submitted written request for information held by the Department.

Requestor shall have the meaning set forth in Texas Government Code section 552.003(6).

Responsive Information means all of the Department's information falling within the scope of a Request, including all forms of media (paper documents, electronic data files and emails, photos, audio/video recordings, etc.).

3. RIGHTS OF REQUESTORS

Requestors have the right to:

1. Receive prompt access to information that is not confidential or otherwise protected;
2. Receive treatment equal to all other Requestors, including accommodation in accordance with the Americans with Disabilities Act (ADA) requirements;
3. Receive certain kinds of information without exceptions, like the voting record of public officials, and other information;
4. Choose whether to inspect the requested information (most often at no charge), receive copies of the information, or both;
5. A waiver or reduction of charges if the governmental body determines that access to the information primarily benefits the general public;
6. Receive a copy of the communication from the governmental body asking the Office of the Attorney General for a ruling on whether the information can be withheld under one of the accepted exceptions, or if the communication discloses the requested information, a redacted copy;
7. Lodge a written complaint about overcharges for public information with the General Services Commission. Complaints of other possible violations may be filed with the county or district attorney of the county where the governmental body, other than a state agency, is located. If the complaint is against the county or district attorney, the complaint must be filed with the Office of the Attorney General.

4. RESPONSIBILITIES OF GOVERNMENTAL BODIES

All governmental bodies responding to information requests have the responsibility to:

1. 1. 1. 1. 1. Establish reasonable procedures for inspecting or copying public information and inform Requestors of these procedures;
            2. Treat all requestors uniformly and give to the Requestor all reasonable comfort and facility, including accommodation in accordance with ADA requirements;
            3. Be informed about open records laws and educate employees on the requirements of those laws;
            4. Inform Requestors of the estimated charges greater than $40 and any changes in the estimates above 20 percent of the original estimate, and confirm that the Requestor accepts the charges, or has amended the request, in writing before finalizing the request;
            5. Inform the Requestor if the information cannot be provided promptly and set a date and time to provide it within a reasonable time;

(f)      Request a ruling from the Office of the Attorney General regarding any information the governmental body wishes to withhold, and send a copy of the request for ruling, or a redacted copy, to the Requestor;

(g)     Isolate public information from information that may be withheld and provide that public information promptly;

(h)     Make a good faith attempt to inform third parties when their proprietary information is being requested from the governmental body;

(i)      Respond in writing to all written communications from the General Services Commission regarding charges for the information; and

(j) Respond to the Office of the Attorney General regarding complaints about violations of the Act.

5. APPROVED METHODS FOR MAKING REQUESTS

(a) A Request for public information must be submitted:

          (1) in writing;

(2) by one of the following methods:

                     (A) United States mail:

San Leon Volunteer Fire Department

ATTN: Public Information Officer

337 12th Street

San Leon, Texas 77539;

                     (B) Electronic mail at public.information@sanleonvfd.org; or

                     (C) Hand delivery:

San Leon Volunteer Fire Department

337 12th Street

San Leon, Texas 77539; and

          (3) addressed to the Department’s Public Information Officer.

(b) Any request that does not comply with the approved methods for submission as provided herein shall not constitute a valid request for purposes of the PIA and this policy.

6. PUBLIC INFORMATION REQUEST PROCESS

(a) Upon receipt of a valid public information Request, the Public Information Officer shall promptly release available responsive information to the Requestor within ten (10) business days of the request.

(b) If available responsive information cannot be produced within ten (10) business days of the request, the Public Information Officer will notify the Requestor in writing of a reasonable date and time when it will be available.

(c) The Department may contact the Requestor to:

(1) Request clarification of the Request, to better understand or narrow the Request;

(2) Provide a cost estimate to cover locating, compiling, and redacting the responsive information;

(3) To notify the Requestor of sensitive information that needs to be redacted prior to release.

(d) Upon completion of the Request, the Department will notify the Requestor if there is no responsive information or release any available responsive information.

7. REQUESTS EXCEEDING $40

If the cost of fulfilling a Request is expected to exceed $40, an estimate letter will be sent to the Requestor. The letter will include an itemized statement of any copying, personnel, or mailing charges that will be incurred in fulfilling the Request. Once the Requestor confirms that he or she agrees to the estimated costs, the Public Information Officer will begin compiling the records. If a Requestor does not respond within ten (10) days, the file will be closed.

8. LIMITATIONS OF TIME EXPENDED ON CERTAIN REQUESTS

(a)     Annual time limit. Pursuant to Texas Government Code Section 552.275(a) and (b), thirty-six (36) hours is the reasonable limit on the amount of time that personnel of the Department are required to spend producing public information for inspection or duplication by a Requestor, or providing copies of public information to a Requestor in any given twelve-month period commencing on January 1st of each year, without recovering the Department 's costs attributable to that personnel time.

(b)     Monthly time limit. Pursuant to Texas Government Code Section 552.275(a) and (b), fifteen (15) hours is the reasonable limit on the amount of time that personnel of the Department are required to spend producing public information for inspection or duplication by a Requestor, or providing copies of public information to a Requestor in any given monthly period commencing on the 1st date of each month, without recovering the Department 's costs attributable to that personnel time.

(c)     Records of time spent fulfilling requests. The Public Information Officer or designee shall be responsible for maintaining records of the cumulative amount of personnel time spent complying with requests for public information from each individual Requestor.

(d)      Tracking time expended. Each time the Department complies with a request for public information, the Department shall provide the Requestor with a written statement of the amount of personnel time spent complying with that request and the cumulative amount of time spent complying with requests for public information from that Requestor during the applicable monthly or yearly period.

(e)     Charges for personnel time spent in excess of time limits. Notwithstanding any provision of this section to the contrary, any Requestor of public information will be charged personnel costs in accordance with Texas Government Code Section 552.275 for all time in excess of thirty-six (36) hours in any given twelve-month period commencing on January 1st of each year or fifteen (15) hours in a given monthly period commencing on the 1st date of each month, spent by personnel of the Department in producing public information for inspection or duplication by a Requestor, or providing copies of public information to a Requestor. The Public Information Officer shall be responsible for providing all notices to the requestor as required by law, including written statements of accrued time required by Texas Government Code Section 552.275(d) and written estimates of charges required by Texas Government Code Section 552.275(e).

 public.information@sanleonvfd.org