ACC, like all community colleges in the state, must abide by Texas “open government” laws allowing individuals to request access to documents and records of governmental or publically funded entities.

As public employees, all college faculty and staff are subject to these laws and should be aware of recent revisions regarding the type of information considered “public.”

Texas Senate Bill 1368 has been revised to clarify what records are subject to the public information laws and to update the definition of media containing public information to include e-mail, text and instant messaging, and other forms of electronic communication.

What this means to ACC and its employees:

ACC’s existing records management practices do not change. The Record Management Services Department administers a comprehensive records management program to help employees maintain and, as necessary, dispose of college records and materials in accordance with state law and ACC administrative rule (AR 3.03.014).

However, faculty and staff should be aware that all college business or student communication conducted on any computer, mobile phone, or other electronic device — regardless of whether the device is owned by the college or personally — is subject to public information laws and to searches in response to Public Information Act requests.

Because these laws include strict regulations about records retention, it is critical that employees avoid deleting or destroying any records or communication without determining whether the record should be kept.

“ACC has processes and procedures in place for maintaining our records and communications,” says Brette Lea, executive director of public information and college marketing (PICM). “The easiest way for faculty and staff to comply with open records laws is to use their ACC computer or device for work-related communications, or to copy any work-related communications conducted on a personal device to their ACC account.”

Open records requests are handled by the PICM office in collaboration with the college’s legal counsel, and faculty and staff may contact PICM with questions about public information. Additionally, ACC’s Records Management Services offers a wealth of information about the types of college records and communications that must be retained; view the department’s website for detailed information and steps.