THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON ISSUED DATE: 09/17/00 LOGISTICS/ACQUISITION OPERATING PROCEDURES REVISED DATE: 08/27/07 --------------------------------------------------------------------------------------------------------------- ---------------------------------SECTION 1 GENERAL SUBJECT 1.40 RELEASE OF INFORMATION UNDER THE TEXAS PUBLIC INFORMATION ACT GENERAL INFORMATION This procedure is established to provide guidelines for compliance with release of records under the Texas Public Information Act (Government Code; Section 552.001). AUDIENCE Applicable to all Procurement Staff and designated Satellite Buyers. GUIDELINES 1. 2. Upon receipt of written request by mail the following steps should be taken: A. Date stamp the original written request and submit it, immediately upon receipt, to Purchasing’s Compliance Officer for disposition. B. Submittal to Purchasing’s Compliance Officer should include a cover memo advising if such information is available and the number of pages, if known. C. Purchasing’s Compliance Officer will then forward the request to the UTMB’s Public Information Officer (PIO) with a copy to the Department of Legal Affairs. Purchasing’s Compliance Officer shall include a cover memo advising if such information is available, a copy of the information requested (if easily available), and the number of pages, if known. The Department of Legal Affairs is responsible for: Providing, within forty-eight (48) hours of receipt of the written request, legal analysis and guidance to the PIO or his/her designee regarding the decision to withhold or disclose UTMB information. When it is unquestionably clear that the Texas Public Information Act requires release of the requested information, the Department of Legal Affairs will advise the PIO to fill the request, notifying the President as appropriate. Consulting with the Office of General Counsel for the UT System, whether the information in question should be withheld or released. Assisting the Office of General Counsel in preparing requests for Attorney General opinions within the ten business day time frame when UTMB wishes to deny release of information and the Office of General Counsel determines that there is no prior determination by the courts or the Attorney General that the records are the type that fall within the claimed exception to the Act. Reviewing all responses or releases of information and submitting the same to the PIO and President or designee for approval following appropriate consultation with the Office of General Counsel, and the Vice Chancellor for Business Affairs in the case of multiple component responses. AUTHORITY UTMB’s Public Information Officer or his/her designee has the exclusive authority to release any records. FORM OR REQUEST 1. All requests to view or copy Logistics/Acquisition’s records must be in writing and should be addressed to the PIO. If an oral request is received, the requesting party should be directed to address the request in writing to the PIO 1 2. A written request received, but not specifically addressed to the PIO is still valid and remains subject to a ten (10) day time limit (from data of receipt) for UTMB to seek an Attorney General opinion on disclosure. The PIO, in coordination with Legal Affairs, will make such determinations. All Fax or e-mail requests are not valid unless sent to the PIO. FILING A copy of both the request and response letter shall be filled with Purchasing’s Compliance Officer. The response letter shall identify the date the information was sent to the requesting party. EXCEPTIONS There will be no exceptions unless by formal addendum to this procedure or other formal written exception by the Chief Purchasing Agent and the Department of Legal Affairs. REFERENCES Government Code; Section 552.001 UT System Policy UTS139 UTMB Institutional Handbook of Operating Procedures; Policy 2.1.3 1.40 Release of Information Under The Texas Public Information Act Approved: ________________________________________ Jeffery Bonnardel, C.P.M. Chief Purchasing Agent 2