My Monday morning e-mail included a question about how the writer could look at the mug shot of another driver involved in a wreck. So I guess it's time for another public records request primer.
Here's my response to the writer:
Anyone can make a request for public records at the Sheriff's Office. You can address it to the sheriff and leave it at the front desk for him. I recommend using this http://foift.org/pialetter.html as a template for your letter. If you know the name and age of the driver that will help you a lot. Be sure to include your contact information in the request, so they can find you and give you a copy of the mug shot. The sheriff's office will have 10 days to write a letter to the Attorney General if they feel like they should not comply with the request and the letter must explain why. The AG's office will send you its response to that letter.If you need more explanation, you can call me at 580-6521. You can also call the Freedom of Information Foundation of Texas hotline at 800-580-6651 or the AG's hotline at 877-OPEN-TEX.
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Make the information as specific as possible. If you know dates, give dates. If you know addresses, give addresses.
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Call the agency in charge of the records to find out who you should address the request to.
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If there's more than one way to get the information -- say an arrest report at the sheriff's office and an accident at the police department -- request both.
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Make a formal request in writing. Public records custodians have to respond to formal requests, whether they approve or deny them. If they deny them, they need to go through the AG's office.
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For many court records, you don't need to make a formal request. You can go to the district, county or federal clerk's office and look them up.
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To learn more, visit FOIFT.org or http://www.oag.state.tx.us/open/index.shtml.
The information is yours, so go out and get it. Good luck!
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Absolutely. Anyone can get this information, that's what makes it open government. I'd love to hear from people about their FOIA victories, tips or problems.
February 16, 2009 at 9:51 a.m.An important point here is that open records and open government are for all, not just journalists. I hope the reader lets us know how the request works out.
February 16, 2009 at 9:47 a.m.