UHCL.1997.003

OPEN RECORDS POLICY

Approved by University Council March13, 1997

1. PURPOSE

1.1 The University of Houston-Clear Lake complies with the letter and spirit of the Texas Public Information Act (Tex. Gov Code, Chapter 552). This policy and its procedures serves as a guide to handling open records requests.

1.2 Consideration and submission of open records requests must be expedited and handled according to this policy and its procedures to ensure access to any protection available under the law.

2. POLICY

2.1 All information and records held by the university are public, unless they fall within a specific exception to the Public Information Act. The office of the University of Houston System General Counsel is authorized to determine whether requested information or records fall within an exception to the Open Records Act.

2.2 Only the office of UHS General Counsel may determine an exception to the Open Records Act and request a corroborating opinion from the Attorney General of Texas. Such a request must be made within10 calendar days from the date a written records request is received by UHCL or by the office of UHS General Counsel (whichever is earlier). Unless an Attorney General's opinion is requested within 10 calendar days of its receipt, the information is automatically deemed public and must be released.

In general, information which might qualify for an exemption from the Open Records Act includes any information of a private nature that would cause undue embarrassment if released, or information affecting pending litigation which might serve to compromise the university's position. However, the Office of General Counsel must review material requested under the Open Records Act and is solely responsible for requesting an exception.

2.3 All Open records requests received at UHCL will be immediately referred to the Executive Director of Human Resources. That office will send a copy of the request to UHS General Counsel. If the UHS General Counsel's Office determines that requested records must be released, the Executive Director will notify the appropriate custodian(s) of records to request preparation and submission of the records.

2.4 Costs of providing information under the Public Information Act will be in compliance with General Services Commission rules 111.61- 111.70.

3. PROCEDURES

3.1 Any UHCL employee who receives an inquiry concerning disclosure of information or records will ask that the request be stated in writing and directed to the Executive Director of Human Resources.

3.2 A written request for information under the Public Information Act that is received by any UHCL department will be delivered to the Executive Director of Human Resources immediately upon receipt.

3.3 The Executive Director of Human Resources will immediately send copy of the request for information to the office of UHS General Counsel.

3.4 When the Office of UHS General Counsel approves release of information under the Public Information Act, that approval will be relayed to the Executive Director of Human Resources at UHCL.

3.5 The Executive Director of Human Resources will contact the appropriate custodian of records at UHCL to convey the records request and provide a copy of the written request. The custodian of records will prepare and submit the information requested to the Executive Director of Human Resources, for transmittal to the requester.

Signature: 

William A. Staples

Title: President
University of Houston-Clear Lake

Approval Date:  March 13, 1997
Sunset Date:  March 13, 2017