how to answer a subpoena

Public Records Office Indiana Access to Public Records Act and Responding to Subpoenas Employee Training Training Objectives • Review University Policy VI.4.1 Public Records Office – Disclosure of University Records in Connection with the “Access to Public Records” Act and in Response to Third-Party Subpoenas • Understand your responsibilities as they relate to public record requests and subpoenas. • Know who to contact with questions regarding public records and subpoenas. Public Records Office Access to Public Records Public Records Office Access to Public Records • Statement of Policy – Purdue University is a state institution and therefore all of its records are public records. – Records considered disclosable to the public are subject to inspection and copying by the public. – Records declared confidential by state statute or federal law are not subject to disclosure. – This policy provides a centralized procedure for dealing with requests for access. Public Records Office Access to Public Records • Scope of Access to Public Records Act – – Philosophy: In general, the public is entitled to access, inspect, and copy any public record. Identifies categories of public records that are exempt from disclosure requirements. • Examples include: – – FERPA and HIPAA protected records Research records – Identifies categories of records that may be exempt at the discretion of the public agency. • Examples include: – – – Deliberative materials used for decision making Certain records within a personnel file Investigatory records of law enforcement agencies Public Records Office Access to Public Records • Public Record • Any writing, paper, report, study, map, photograph, book, card, tape recording, or other material that is created, received, retained, maintained, or filed by or with a public agency. • Includes any record generated on paper, paper substitutes, photographic media, magnetic or machine readable media, or any other material, regardless of form or characteristics, including email, voicemail, databases, instant messaging and text messages. Public Records Office Access to Public Records • Public Records Office – Reviews all requests for access to public records – Facilitates the response to public records requests – Administers the Access to Public Records policy for the University Public Records Office Access to Public Records Procedure for Responding to Requests • If someone contacts you or your department to request access to any record: 1. Clearly state that you have no authority to receive, grant, or deny any request for access. 2. Instruct them to contact the Public Records Office at 494-9218. 3. You may ask them to complete a Request for Public Record form and have them forward it to the Public Records Office. The form is located at: www.purdue.edu/bs-ba/doc/PublicRecordRequest.DOC • If you receive a Request for Public Record form or a letter or other written request for access to any record, immediately forward to the Public Records Office at FREH. Public Records Office Access to Public Records Procedure for Responding to Requests • The Public Records Office will act on each request taking into consideration the complete statute and the particular factual situation, with legal advice and assistance if deemed necessary. • • All decisions regarding disclosure or nondisclosure are to be made by the Public Records Office. Additional positions delegated authority to respond to public records requests: – – – – – – Director of the Purdue University Student Health Center - Student Medical Records University Registrar - Student Records Associate Director of Sponsored Program Administration - Sponsored Program Records Vice Chancellor for Financial Affairs - IPFW Campus Records Vice Chancellor for Administrative Services - Calumet Campus Records Vice Chancellor for Administration - North Central Campus Records Public Records Office Access to Public Records Information & Public Records - Is there a difference? • • – – Information Public Record knowledge gained through study, communication, research, instruction, etc. information recorded on any media that is created, received, retained, maintained, or filed by or with a public agency. The University’s mission is Learning, Discovery and Engagement. With this mission comes the responsibility to share information. • Our jobs often require us to answer questions from external customers. – When the customer requests the documents that support the answers, then it becomes a public records request and should be referred to the Public Records Office. Public Records Office Subpoenas Public Records Office Responding to Subpoenas • Statement of Policy – Purdue University and its employees are subject to the subpoena powers of state and federal courts. – Third parties involved in lawsuits often seek to obtain University records that they consider relevant to the issues involved in their claims or lawsuits, even when the University is not a party to the claims or lawsuits. – Not all subpoenas are valid in the State of Indiana. – This policy provides a centralized procedure for dealing with subpoenas by third parties. Public Records Office Procedure for Subpoenas Requesting Records • If you receive a subpoena requesting any University records immediately notify the Public Records Office and arrange to forward the subpoena for review. Never attempt to comply with or respond to the subpoena. The Public Records Office will review all subpoenas requesting University records and respond as appropriate. • • Public Records Office Forms • Request for Public Record www.purdue.edu/bs-ba/doc/PublicRecordRequest.DOC Public Records Office Contacts • Public Records Office • Phone: 765-494-9218 • Fax: 765-494-1463 • Mail: FREH – Public Records Administrator • Cheryl Westlund (cwestlund@purdue.edu) – Public Records Officer • Lucia Anderson (lucia@purdue.edu)