- Open Records Officers have five (5) days to respond.
- Say a record has some information subject to disclosure and some that is not. The agency is required to redact the information not subject to disclosure. §706
- For Example:
- A request for the employment application of someone who has been hired by the system.
- John Q. Public was hired on 11/13/2008.
- On Monday, January 5, 2008, a RTK request is received by the Office of the Chancellor Open Records Officer for John Q. Public's employment application and his salary.
- The Open Records Officer has five business days to respond. Therefore, a response is due on Monday, January 12, 2008. (Do not count day request was received.)
- Is it a public record? If so, what needs to be redacted, if anything. Is it a public record subject to disclosure?
- Is it a record received or retained in connection with a business or activity of the agency?
- Is it exempt under §708?
- Is it exempt under a federal or state law or regulation, or court order?
- Is the record privileged?
- Is his salary a financial record?
- Public Record - Analysis
- It is certainly a record retained for a business purpose.
- Some of it seems to be exempt under §708(b)(6).
- There seems to be no federal or state law or regulation that applies.
- No evidence of a court order.
- No privilege applies.
- A financial record is subject to disclosure as a public record including the name and title of the employee. §102
- Public Record - Conclusion
- It is a public record subject to redaction.
- The financial information is subject to disclosure.
- Do you need an extension? Must be requested within the five day window.
New Right to Know Law
- A letter responding to the requestor with the following.
- Name, title, and salary of John Q. Public.
- Redacted copy of employment application.
If you have any questions, please contact our university legal counsel at 717-720-4070.