Can you keep my request for records confidential?
No, your public records request is not a confidential record. Your request is itself a public record. It can be requested by others and the office forwards public records requests to the departments holding records and to third parties who have an interest in the records you have requested.
What happens when I make a public records request?
The request is received by the Chief Communications and Government Relations officer or her designee, who will then collect all responsive documents and return them to you.
Exceptions:
- Some documents are exempt from public records
- If the collection of documents takes more than 2 labor hours you may incur a fee
What information is exempt from Public Records Requests?
Certain personnel records, FERPA protected documents, medical records, confidential legal advice, records prepared in connection with litigation, and information that may be kept confidential pursuant to other state or federal statutes.
What should my request include?
It is helpful to be as specific as possible by including date parameters, type of information sought, department name or unit and/or name of employee.
Can I drop in to inspect the records that I want?
There is no public counter service for on-demand, same day public records inspections; nor does the law require such a public counter. Identification and collection of potentially responsive records are only some of the steps involved in responding to requests. The collected records must be reviewed to ensure that they are in fact responsive to the request and to assess whether they are subject to redaction to protect the privacy rights of others and consistent with applicable legal privileges & exemptions. Each of the steps in the process takes time. When records requests are available for release, we will contact you. If you prefer to inspect the records before paying for physical copies, we are happy to set up a mutually convenient time for such an inspection.
What are examples of records that could be included in a request?
- Written documents (e.g., notes taken during a staff meeting)
- Email (even if sent from a personal computer or phone as long as it relates to NIC business)
- Sound recordings
- Photographs
- PowerPoint presentations
- Text messages (regardless of where the text originated, as long as it relates to NIC business)
Can a request be rejected for being "overboard" or for lacking specificity?
No. As long as the person making the request provides enough information for NIC to identify the records, NIC is obligated to furnish copies or allow the inspection of the records requested. However, a fee may be assessed if it takes NIC more than 2 labor hours to gather all of the documents.
Is NIC required to create records that do not exist in order to comply with a public request?
No. In response to a public request, we are only responsible for providing existing documents and records that are maintained by NIC.