The Arizona Public Records Law is a series of statutes (and court cases that interpret those statutes) that describe public access to government information and that make government agencies (including ASU) accountable to the public by granting a right of access to records. The statutes are available at: A.R.S. § 39-101 to -161 and A.R.S. § 15-1640.
What is a Public Record?
The phrase ”public records” is not defined by statute, but has been interpreted to include all records made or received by public employees in performance of their jobs, including records intended to disseminate information to the public or to create a record of official transactions or government expenditures. Most records in the possession or control of ASU employees will be deemed to be public records. Records include papers, memos, notes, letters, books, maps, photographs, and other documentary materials regardless of physical form, including e-mails and databases, made or received by ASU employees in connection with ASU business or activities.
Who may make a request for records?
Anyone may ask to inspect (during regular office hours) any public records in the custody of any ASU employee. The request need not be in writing and the person making the request does not need to show that the documents are relevant to anything.
After a request is made, and before the records are produced, the custodian of the records must determine whether the documents requested are public records, whether any authorized grounds exist for denying public inspection, and whether a charge should be imposed. The Office of General Counsel (480-965-4550) is available to answer questions.
Are there any exceptions to Arizona Public Records Law?
Yes. The following exceptions are construed very narrowly. ASU employees are encouraged to consult with the Office of General Counsel before assuming that any of these exceptions apply.
A comprehensive list of the Arizona statutes that may require that all or a portion of government records be protected from public disclosure is included in Appendix 6.1 of the Arizona Attorney General Agency Handbook.
Are drafts and items marked “confidential” exempt from the Public Records Law?
No. Items marked as “draft” or “confidential” will be treated as public records unless they fall within an express exception, as described in the previous section.
What should I do if my office receives a request for public records?
If the request is from a member of the media, contact ASU Media Relations at (480) 965-3502. Otherwise, contact the Office of General Counsel at (480) 965-4550.
How much time does ASU have to respond to a request for public records?
ASU must acknowledge and respond to requests within a reasonable period of time. The length of time depends on the facts and circumstances of each request -- most notably, the scope of the inquiry. Under the law, access to public records is deemed denied if a custodian fails to respond promptly to a request for production of a public record.
Can ASU charge the requesting party for the records?
Yes, ASU can charge to produce copies of records. The ASU employee receiving the request will need to ask whether the records are sought for a non-commercial use or a commercial use.
1. Non-commercial Use. A person requesting copies of public records for non-commercial purposes may be charged a fee for copying records, including a reasonable amount for the cost of equipment and personnel used in producing copies, but not for the cost of searching for the records.
2. Commercial Use. A person requesting copies of public records for a commercial purpose must provide a statement setting forth the commercial purpose for which the records are requested. Upon being furnished a written statement of purpose, the university employee who serves as custodian of the requested records may charge for:
The current schedule of fees charged by the ASU Office of General Counsel is available at http://www.asu.edu/counsel/policies/publicrecordsrequest.html. If the requestor asks for copies to be mailed, ASU may require payment in advance for any copying and postal charges.
What happens if ASU does not comply with a request for public records?
If ASU is found to have acted arbitrarily, capriciously, or in bad faith in denying access to a public record, the court may award legal costs, including attorney's fees to the person who requested the records.
Are e-mails I send and receive subject to disclosure under Arizona Public Records Law?
Generally, employee e-mail messages are considered to be public records, unless they fall under an exception described above or the are strictly personal e-mail messages.
How does ASU handle requests for employee information?
Only very limited information about employees is considered to be public. Before any information is produced, please review ASU policies ACD 811 for faculty records and SPP 1101, for staff records.
As a University employee, what is my responsibility to preserve public records?
The law requires all ASU employees to maintain all records reasonably necessary or appropriate to maintain an accurate record of their official activities.
When ASU receives a request for public records, we are required to take all necessary steps to preserve the requested records. Once a request is received, records should not be destroyed under routine retention and destruction schedules.
Also, it may be a criminal offense to alter, destroy, conceal, or falsify records with the intent to obstruct a federal investigation or bankruptcy proceeding.
Is ASU required to create reports to comply with a request for records?
The general rule is that ASU is not required to create a new record to comply with a request. If, however, the requested records can be created with minimal effort (e.g., through a software report-writing function), then production may be required. Please contact the Office of General Counsel for guidance in individual cases.
Is the Arizona Public Records Law the same as the Freedom of Information Act?
No. The Freedom of Information Act (FOIA) is a federal law that provides public access to federal records. If your office receives a FOIA request, please promptly forward a copy of the request to the Office of General Counsel to coordinate a response.
September 22, 2006