First Step Acknowledge the request 24 hours if in-person or on phone 7 days if by mail or fax Ind. Code § 5-14-3-9(a) Best Practices Always in writing Complete the Action w/in 24 hours or 7 days, even though it only need be completed within a reasonable time
First Question 1. What is the purpose of the request? X X X X X
First Question 0. What is the purpose of the request? “No request may be denied because the person making the request refuses to state the purpose of the request....” I.C.§ 5-14-3-3(a) “A fundamental philosophy of the American constitutional form of representative government is that government is the servant of the people and not their master.” I.C. § 5-14-3-1. “Providing persons with... information [regarding the affairs of government] is an essential function of a representative government and an integral part of the routine duties of public officials and employees.” Id. X
First Question 1.Is this a proper APRA request? If no, then write a letter to the “requester” to that effect. “A request for inspection or copying must... Identify with reasonable particularity the record being requested.” I.C.§ 5-14-3-3(a) If yes...
Second Question 2. Do you have the records? If no, then write a letter. If yes...
Third Question 3a. Is there a mandatory exception that prevents disclosure like the one at I.C. § 5-14-3-4(a)(1) for “records... declared confidential by statute?” If yes... 3b. Does it apply to the entire record; is the entire record confidential? If yes, then write a letter. If no... 3c. Is there a mandatory exception that prevents disclosure of a part of the record like the one found at I.C. § 5-14-3-4(a)(12) for Social Security Numbers? If yes OR no...
Fourth Question 4. Do I wish to release the record? If yes, then release it, but redact any portion (e.g., SSNs) that may not be released pursuant to I.C. § 5-14-3-4(a). If no...
Fifth Question 5. Is there a discretionary exception found under I.C. § 5-14-3-4(b) applicable to this record? If yes, then withhold the record and write a letter to the requester explaining your position. If no, then the record should be released, but call IPAC first.
Prosecutor 4(b) Discretionary Exceptions I.C. § 5-14-3-4(b)(1): “Investigatory records of law enforcement agencies.” I.C. § 5-14-3-4(b)(2): “The work product of an attorney representing... the state.” I.C. § 5-14-3-4(b)(6): “deliberative material.”
Records Retention I.C. 5-15 Case Files Other Office Records