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Indiana Access to Public Records Act and Responding to Subpoenas. Employee Training. Review University Policy Disclosure of University Records in Connection with the “Access to Public Records ” Act and in Response to Third-Party Subpoenas

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Presentation Transcript
training objectives
Review University Policy

Disclosure of University Records in Connection with the “Access to Public Records” Act and in Response to Third-Party Subpoenas

Understand your responsibilities as they relate to public record requests and subpoenas.

Know who to contact with questions regarding public records and subpoenas.

Training Objectives
access to public records4
Statement of Policy

Purdue University is a state institution and therefore all of its records are public records.

Records considered disclosable to the public are subject to inspection and copying by the public.

Records declared confidential by state statute or federal law are not subject to disclosure.

This policy provides a centralized procedure for dealing with requests for access.

Access to Public Records
access to public records5
Scope of Access to Public Records Act

Philosophy: In general, the public is entitled to access, inspect, and copy any public record.

Identifies categories of public records that are exempt from disclosure requirements.

Examples include:

FERPA and HIPAA protected records

Research records

Identifies categories of records that may be exempt at the discretion of the public agency.

Examples include:

Deliberative materials used for decision making

Certain records within a personnel file

Investigatory records of law enforcement agencies

Access to Public Records
access to public records6
Public Record

Any writing, paper, report, study, map, photograph, book, card, tape recording, or other material that is created, received, retained, maintained, or filed by or with a public agency.

Includes any record generated on paper, paper substitutes, photographic media, magnetic or machine readable media, or any other material, regardless of form or characteristics, including email, voicemail, databases, instant messaging and text messages.

Access to Public Records
access to public records7
Public Records Office

Reviews all requests for access to public records

Facilitates the response to public records requests

Administers the Access to Public Records policy for the University

Access to Public Records
access to public records8
Procedure for Responding to Requests

If someone contacts you or your department to request access to any record:

Clearly state that you have no authority to receive, grant, or deny any request for access.

Instruct them to contact the Public Records Office at 494-7151.

You may ask them to complete a Request for Public Record form and have them forward it to the Public Records Office. The form is located at: http://www.purdue.edu/business/records/Public_Records/index.html

If you receive a Request for Public Record form or a letter or other written request for access to any record, immediately forward to the Public Records Office at FREH.

Access to Public Records
access to public records9
Procedure for Responding to Requests

The Public Records Office will act on each request taking into consideration the complete statute and the particular factual situation, with legal advice and assistance if deemed necessary.

All decisions regarding disclosure or nondisclosure are to be made by the Public Records Office.

Additional positions delegated authority to respond to public records requests:

Director of the Purdue University Student Health Center - Student Medical Records

University Registrar - Student Records

Associate Director of Sponsored Program Administration - Sponsored Program Records

Vice Chancellor for Financial Affairs - IPFW Campus Records

Vice Chancellor for Administrative Services - Calumet Campus Records

Vice Chancellor for Administration - North Central Campus Records

Access to Public Records
access to public records10
Information & Public Records - Is there a difference?

Information

knowledge gained through study, communication, research, instruction, etc.

Public Record

information recorded on any media that is created, received, retained, maintained, or filed by or with a public agency.

The University’s mission is Learning, Discovery and Engagement.

With this mission comes the responsibility to share information.

Our jobs often require us to answer questions from external customers.

When the customer requests the documents that support the answers, then it becomes a public records request and should be referred to the Public Records Office.

Access to Public Records
responding to subpoenas
Statement of Policy

Purdue University and its employees are subject to the subpoena powers of state and federal courts.

Third parties involved in lawsuits often seek to obtain University records that they consider relevant to the issues involved in their claims or lawsuits, even when the University is not a party to the claims or lawsuits.

Not all subpoenas are valid in the State of Indiana.

This policy provides a centralized procedure for dealing with subpoenas by third parties.

Responding to Subpoenas
procedure for subpoenas requesting records
If you receive a subpoena requesting any University records immediately notify the Public Records Office and arrange to forward the subpoena for review.

Never attempt to comply with or respond to the subpoena.

The Public Records Office will review all subpoenas requesting University records and respond as appropriate.

Procedure for Subpoenas Requesting Records
forms
Request for Public Record

http://www.purdue.edu/business/records/Public_Records/index.html

Forms
contacts
Public Records Office

Phone: 765-494-7151

Fax: 765-494-1463

Mail: FREH

Public Records Officer

Lucia Anderson (lucia@purdue.edu)

Contacts
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