Practical Tips on Writing Effective Briefs to the Open Records Division

  1. The Public Information Handbook (the Handbook) published by this office is your best resource in writing effective briefs to the ORD.
  2. Follow the standards in the Handbook to meet the requirements of the exceptions you claim. Be sure to clearly and fully address every element of the exceptions you are asserting.
  3. Explain everything in your brief. Assume your audience knows nothing about the situation. If it is not clear, describe the submitted documents. For example, how are these documents responsive to the request for information? Who are the parties described in the documents? What is their relationship to the governmental body? Explain if any of the parties are attorneys for the governmental body if you are claiming either the attorney-client or work product privileges.
  4. Provide background information on the documents submitted. For example, tell us how the submitted documents are responsive to the request for information. How are they related to the pending investigation, litigation, etc... ? What, if anything, has already been released to the requestor? If it is not clear, what is your governmental body's function? For example, if you have a law enforcement capacity, tell us.
  5. Consider sending a representative sample of voluminous documents.
  6. Proofread all submissions. Have someone else review your submission for minor errors. Make sure you typed the correct section number for your claimed exceptions (552.103 vs. 552.130). Check for incorrectly-typed names, dates, and spelling errors.
  7. Do not fully redact or black out information in the documents that you are submitting for review. If we cannot read them, we cannot rule on them.
  8. Mark all submissions clearly, carefully, and consistently. Make sure the exhibit numbers on the documents match up with the exhibit numbers in the brief. Refer to previous correspondence with our office on all future and related correspondence.  You may obtain our reference ID# by contacting the ORD's Hotline.
  9. Comply with the deadlines required under sections 552.301 and 552.305 of the Government Code. Failure to do so can result in a waiver of claimed exceptions.
  10. Confirm that your brief addresses all submitted information. Information you do not believe is within a PIA exception must be released promptly.