Administrative Guideline - 8310a Public Records

REVISED 12/30/08


The public records of this Office of the Superintendent as defined under the Freedom of Information Law are available for public inspection and/or copying in accordance with the following administrative guidelines. Exemptions are specified in I.C. 5-14-3-4.

DESIGNATION OF OFFICERS

The Superintendent's secretary shall be the Corporation's Records Officer.

IMPLEMENTATION GUIDELINES--OPEN RECORDS POLICY


Applicants for access to records may initiate their request by using the Carmel Clay Schools' official Request for Disclosure of Public Records from the Educational Services Center during a normal business day between the hours of 8:00 a.m. and 4:00 p.m. The "records access officer" will either grant or refuse the request within seven (7) days. After the initial request has been granted, the records will be made available to the requester within a reasonable amount of time (approximately one (1) to two (2) weeks.

Should a request be denied, the applicant may appeal the decision of the "records access officer" to the Superintendent.

RECORDS EXEMPT FROM PUBLIC DISCLOSURE


The following records and/or items shall be exempt from public disclosure (unless access to such is specifically required by a State or Federal statute or is ordered by a court under the rules of discovery):

A.     records declared confidential by State statute

B.     records declared confidential by rules adopted by the Corporation under specific authority to classify public records as confidential granted to the Corporation by statute

C.     records required to be kept confidential by Federal law

D.     records containing trade secrets, confidential commercial information, or confidential financial information

E.     investigatory records of law enforcement agencies

F.     the work product of attorneys representing the Corporation, the Board members, or any employee

G.     test questions, scoring keys, and other examination data used in administering a licensing examination, examination for employment, or academic examination before the examination is given or if it is to be given again, either by Carmel Clay Schools or by any other school corporation

H.     scores of tests or license examinations if the person is identified by name and has not consented to the release of his/her scores

I.     records that contain intra-agency or inter-agency advisory or deliberative material that are expressions of opinion or are of a speculative nature, and that are communicated for the purpose of decision making

J.     diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal

K.     personnel files of public employees, except for:

     1. the name, compensation, application for employment or appointment, job title, business address, business telephone number, job description, education and training background, previous work experience, or dates of first and last employment of present or former officers or employees of the agency

     2. information relating to the procedural status of any written complaint or charge made against the employee; provided, however, that "written complaint or charge" shall include only a communication, in writing, addressed to the Superintendent or to the Board which includes a charge or complaint which the Superintendent or Board has reason to believe may be supportable by relevant evidence, and which specifically requests that disciplinary action be taken against the employee

     3. information concerning disciplinary action in which final action has been taken and that resulted in the employee being disciplined or discharged

 However, all personnel file information shall be made available to the affected employee or his/her legal representative.

L.     administration or technical information that would jeopardize a record-keeping or security system

M.     computer programs, computer codes, computer filing systems, and other software owned by the Corporation or entrusted to it

N.     records specifically prepared for discussion, or developed during discussion in an executive session under IC 5-14-1.5-6

O.     the identity of a donor of a gift made to a public agency if the donor requires nondisclosure of his/her identity as a condition of making the gift

P.     library records which can be used to identify any library patron and

Q.     any other record which current or future legislation allows the Corporation to exempt with no further action by the Board

ACCESS TO PUBLIC DISCLOSURE


All requests for access to public records shall be made in person, or by an appropriately appointed designee and received between 9:00 a.m. and 4:00 p.m. on regular business days. Requests must identify, on forms provided by the Corporation, the record for which disclosure is sought.

Additionally, fees for copies shall be as follows:

A.      Copies

The greater of:

     1.       ten cents ($0.10) per page for copies that are not color copies or twenty-five cents ($0.25) per page for color copies; or

     2.       the actual cost of copying the document.

"Actual cost" means the cost of paper and the per-page cost for use of copying or facsimile equipment and does not include labor costs or overhead costs. 

B.      Certification of document five dollars ($5.00).

C.      Other

     The Corporation may charge a fee for providing a duplicate of a computer tape, computer disc, microfilm, or similar or analogous record system containing information owned by the Corporation or entrusted to it that does not exceed the sum of:

     1.       the Corporation's direct cost of supplying the information in that form; and

     2.       the standard cost of selling the same information to the public in the form of a publication if the Corporation has published the information and made the publication available for sale.


Fees are payable before any record is duplicated and may be paid by cash or money order payable to Carmel Clay Schools.

Additionally, with respect to records which are determined to be not available, the "records access officer" will certify upon the request form that the Corporation does not possess the record or that it could not be found after diligent search and return one (1) copy of the form to the requester.

Additionally, records may be inspected only at the office or location where they are regularly maintained.

Additionally, the "records access officer" shall be guided first by the Indiana Access to Public Records Act and amendments, if any; second by the State and Federal law regarding privacy, confidentiality, and disclosure requirements of certain public records; and third, by this Board's resolution which excludes certain records from disclosure.

Additionally, whenever a request for disclosure is denied by the person responsible for release decisions, the person making the request may appeal the decision to the Superintendent.

Additionally, the Corporation will not create or provide lists of names and addresses unless it is required to publish such lists and disseminate them pursuant to statute.

Revised 6/07

Revised 8/07

Revised 7/08