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Capitol Building

ISSUES

FAQ

Frequently Asked Questions

1. How can I best interact with Public Records Custodians? Records documenting known corruption.

  • Corruption thrives in darkness and secrecy. 

  • Naturally, these are the hardest records to get, but only if they know what they're giving you

  • Don't disclose anything about why you are requesting records. 

  • You are a citizen, that is answer enough. Most public records laws explicitly state that you do not need to disclose the reasons the records are sought.

  • If you know they document corruption - DON'T!

  • Maybe they will realize what you're after and why, and maybe they won't but do not make it any easier.


2.

3. This is not always possible. 

  • You may have always been kind and courteous and not given them any reason to suspect the records you're seeking are explosive or for some other reason decides to obstruct access

  • We have encountered departments in Texas subject to the Texas Public Information act and by all appearances they have a policy that they simply don't release records.

  • In other words, they say they follow the law, in fact the agency in question is in fact a district attorney's office, the agency in charge of enforcing the laws and prosecuting all felony cases in a major metropolitan area.

  • They just don't follow the rules

4. Obstruction

  • So you've done everything right and still they say "no, sorry, we won't give you the records" Is that it? Do you just give up? We hope not.

  • Rarely will an agency simply say "we don't abide by our states pubic records laws. No, they say it, but not this bluntly - usually telling you slowly, over time, in action, now words

  • Clarifications

  • Financial Barriers

  • Procedural Obstacles

  • Bogus referal to the Attorney General

  • We cover all these tactics in depth in our obstruction strategy guide in the members area

  • If you've done everything right and you're not the giving up sort, head over there and learn how to fight back and get any records

  • If you're in this camp, follow our instructions here for ways to fight back

  • This happens in many different ways.

  • What are you going to do about it?

  • You will fight back ofcourse, if you want the records

  • This is where the online resources really come in handy. 

  • Treat them with kindness and courtesy, and understand that if they are obstructing your access to records, it is almost surely not personal. They are often caught between a rock and a hard place, being seen as the ones giving out the records that make scandals

If you kinjust request the records and hope they don't know what you do. Oftentimes government offices don't bother reading the records they're disclosing. So first thing to do, make it seem routine and no big deal. Don't give them any reason to give you a second look.

If that doesn't work, then it will be harder, but as in any of this work, persistence and dedicaiton will almost always pay off eventually, but your next steps will likely depend on what kinds of records you're after and what laws control them. 

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