Page 24 - The Edge - Spring 2021

Coping with Requests for Student and Employee Records

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of an employee because new facts may emerge, but “Make sure you only keep what
eventually full disclosure is likely when the probe is
concluded. Employee salaries are public. you need to for as long as you need
to.” – Carrie O’Brien
If your district maintains records on a website, you
don’t have to reproduce them. Just direct the requester The weakest reason for refusing to disclose, she said,
to the site. O’Brien recommended posting the most- is that it is in the best interest of the state.
frequently requested information on the district’s
website to minimize public records requests, but only Best practices recommended by Kennedy and O’Brien
if the information is considered public.
included: acknowledge a request and indicate that
records will be produced as they become available;
If you determine that a public records request is on large requests, have two people check to make sure
commercial, that the requester stands to make a profit all redactions have been identified; if you provide
from the information, you can charge a fee for the records by email, be sure to use software that allows
market value, which, O’Brien said should take into for encryption and password protection; maintain an
account the cost of time, materials, equipment and Excel spreadsheet log of requests completed with
personnel. She said she Googled a requester’s name pertinent information concerning the request and what
and found that he was seeking the same information responsive records were provided and to whom, and
from schools throughout the country. That, she said, be attentive to the Arizona State Library, Archives and
was a commercial request.
Public Record Retention schedules – if a record has
not been destroyed according to the schedule, it must
Governing Board records are public, except for be produced if your district receives a subpoena and
minutes of executive sessions.
that could pose a liability.

O’Brien emphasized: “Government agencies are “If you have the records, you have to produce them,”
required to show essentially how taxpayer dollars are O’Brien said. “Make sure you only keep what you
being spent.” She said public records must be made need to for as long as you need to.”
available, upon request, promptly.
And when in doubt, Kennedy and O’Brien advised,
If the request is for emails and appears to be a consult the Attorney General’s handbook, public
“phishing expedition” asking for a voluminous amount records chapter.
of material, O’Brien said you can ask the person to
narrow the request. “Explain that further narrowing
by date ranges and keywords enables them to get
the records they genuinely seek without creating a
large administrative burden to the district,” O’Brien
explained.

O’Brien touched on three reasons for not disclosing Carrie O'Brien can be reached at: cobrien@gustlaw.com or
public records. The strongest is that it is confidential (602) 257-7414
by law. Next is a privacy issue, but can’t be used to
avoid an embarrassment. “Just because something is Patricia Kennedy can be reached at: patricia.kennedy@dysart.org
embarrassing doesn’t mean it’s not a public record,” or (623) 876-7024
O’Brien said. “Many times we find name calling is
unprofessional conduct. That documentation is a
public record subject to disclosure. If you need to vent
with someone, do it face to face.”

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24 THE EDGE SPRING 2021