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Re: "Access and Allies" question



Whether or not personal papers of an individual held at a public institution are considered public records and therefore subject to open records requests depends upon how the state open records act is worded and how the Attorney General or whomever makes final rulings on open records requests interprets those words. 

Several years ago the then Texas Attorney General ruled that collection personal papers and other non university records was among the normal course of work of an archivist working in a public college or university.  Therefore those materials once they were in the archives were subject to open records requests.  The law then read something like "any records created, received, or assembled during the course of normal activity by an employee of a public institution are public records and therefore are open records."

The Texas Open Records act was eventually amended to make it clear that such private records do not become public when they are collected by a public institution.  



Charles R. Schultz, CA
Professor and Clements Archivist
Cushing Library
Texas A&M University
College Station, TX  77843-5000
c-schultz@tamu.edu
979-862-1555
FAX 979-845-1441

State-of-the-art automation will never beat the wastebasket 
when it comes to speeding up efficiency in the office.
Ann Landers Gem of the Day, July 27, 1994

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