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 "TPA Hotline with
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," TPA member services director
Texas Press Messenger, September 2011
Q: In the interest of saving time and money, my newspaper bought one of those $100 battery operated scanner wands so I could go to the city, county and other local governmental bodies and scan open records documents without being charged per copy. Does every governmental body have to let me scan documents or can they refuse?
A: Long before the commercial availability of truly portable scanners, Texas Attorney General Opinion JM-757 released in 1987, provided an answer to your question. Brought by the Camp and Gaines county attorneys, the question was over the right of an individual to copy and reproduce public records in a district or county clerk’s office. The answer is you can, up to a point. The summary of the opinion says the Texas Open Records Act (now the Texas Public Information Act) does not grant members of the public unlimited right to copy, with their own copying equipment, information deemed public under the Act. That means, if the exact documents you want are in active use by the governmental body, if they don’t exist or are not configured in a way that suits you, or if they are confidential under law, the governmental body is not required to accommodate your request. Most documents, however, are readily available and must be promptly provided on request.
Q: I am checking out a tip that a well-known resident of our community was behind the wheel in a single-vehicle accident. Does the DPS have to give me the accident report if I supply the name?
A: The Texas Department of Public Safety, according to Transportation Code Sec. 550.065(c)(4), will require you to provide two of the following three items of information: (1) date of the accident; (2) name of any person involved in the accident; (3) specific location of the accident. If you can’t do that, the DPS is under no obligation to release the accident
report.
Q: Subtleties in language can make such a difference. That is why I need to get a city council member’s quote verbatim. So, I asked the records clerk of one of the cities my newspaper covers to listen to the audiotape of public portion of the meeting. I was told I could have a photocopy of the minutes and a photocopy of the meeting agenda, but my request to listen to the tape was denied. Isn’t the audiotape public information?
A: You are correct. The audiotape is public information and the city must fill your request, either to listen to the tape or to make an uncensored copy of it for you to purchase. See Government Code Sec. 551.022, which says minutes and tape recordings of open meetings are public records and shall be available for public inspection and copying on request to governmental body’s chief administrative officer or officer’s designee.
Q: My newspaper is a long, long way from Austin, Dallas and Houston. Plus, I am always too busy (and short of cash) to attend Texas Press conventions. You don’t know how it’s made my stomach grind those times when I couldn’t even send an employee to pick up an award plaque. I can’t say how much I appreciate it when a TPA plaque comes in the mail. We display those plaques with pride on a wall noticed by everyone who comes in the office and we always put a picture and cutline in the paper. How about live-streaming the conventions? I would love that.
A: You’ve brought up a serious topic of conversation among association executives — and not just press association executives. It is well known that the health of associations like Texas Press are tied to the people who show up, to the number who show up, to their level of participation and to their valuable input in regards to member services, advertising, publications, etc. If we started live-streaming our conventions, conferences and trade shows, the experience of other associations shows us that our attendance would drop and the warmth and sharing that happens when people gather together in person would erode. We believe that for you to shake hands with your fellow newspaper publishers, sit down with them and enjoy meals, listen to speakers and participate in question and answer sessions benefit you personally, your newspaper, and the community you serve. Newspaper associations across America understand where you’re coming from, but the greater good is served when we gather together a couple of times a year and share this part of our lives. Your fellow newspaper publishers are likely the only people you will ever meet who truly understand the trials, tribulations, challenges and joys of doing what you do, week in and week out. |
