Office of General Counsel Guidelines for Public Record Requests

Effective: 1/2/1997                                                                             Revised: 5/23/2003

Purpose

To establish policy regarding inspection and production of public records

Sources

Applicability

All requests to inspect or copy public records pursuant to the Arizona Public Records law and related applicable authorities.

Policy

Any person is entitled to inspect public information or be furnished copies, printouts or photographs of any public record subject to applicable legal requirements and this policy statement. All requests will be administered within a reasonable period of time in a manner which does not cause disruption of public business. What is a reasonable time and manner must in all cases be a factual determination depending upon the accessibility of the material. If copies or printouts are requested, the public records must remain in the possession, custody and control of the university employee who serves as custodian of such records.

The Legislature has distinguished between the fees the university may require for commercial and non-commercial requests for copies of public records. However, if the university is producing documents pursuant to a subpoena in a civil litigation matter to which the university is not a party, the fee is prescribed by state statute. Also, in this connection, the Office of General Counsel must review and approve disclosure of information required by lawfully issued administrative summons or judicial orders, including a search warrant or subpoena.

Non-commercial requests

For a request of more than 25 pages (8 ½ by 11 inches) in any calendar month the Office of General Counsel will charge a copying fee of 20¢ per page plus $10.00 per hour for staff time. The charge for non-standard size documents will be the actual cost of reproduction plus staff time at $10.00 per hour. Staff time will be charged pro rata on quarter hour increments. [Note the University may not charge for the cost of searching for the records.]

Commercial requests

Persons requesting copies of public records for a commercial purpose must provide a certified statement setting forth the commercial purpose for which the records are requested. Upon being furnished a signed certification, the university employee who serves as custodian of the requested records will assess a charge which includes the following:

• a portion of the cost to ASU of obtaining the original or copies of the records;
• a reasonable fee for the cost of equipment and personnel used in producing such record or reproduction; and
• the value of the record or reproduction in the commercial market.

Procedure

1. The requester should submit a written request indicating the specific public record or information desired.
2. Records will be available for inspection or copying only during regular working hours (8:00 a.m. - 5:00 p.m.), Monday through Friday.
3. The requester will be provided adequate space to inspect public records or information at no cost.
4. If a copy charge is assessed the requester will deposit a payment in the prescribed form with the university prior to receiving material.

Definitions

"Commercial Purpose" means the use of public records for the purpose of producing a document containing all or part of the copy, printout or photograph for sale. It also includes the obtaining of names and addresses from public records for the purpose of solicitation or the sale of such name and addresses to another for the purpose of solicitation or for any purpose in which the requester can reasonably anticipate the receipt of monetary gain from the direct or indirect use of such public record. Commercial purpose does not mean the use of a public record as evidence or as research for evidence in an action in a judicial or quasi-judicial body of the State of Arizona, a political subdivision of the State, or the University.

"Public Record" means, generally, a record made by a public officer and kept under a duty of law to serve as a memorial of an official transaction. Except as provided for in ASU SPP 1101 and ACD 811, personnel records shall be treated as exempt from the Arizona Public Records Law. In general, except for certain directory information, student educational records are exempt from disclosure under federal and state law.

Cross-References

ABOR 6-912, Access to or Disclosure of Personnel Records or Information
ABOR 3-803, Bidding and Source Selection Procedures
ACD 811, Access to and Release of Official Personnel Records Information
STA 105-01, Release of Student Information
ASU SPP 1101, SPP 1101, Access to and Release of Official Personnel Records Information
PUR 107, Public & Proprietary Information