tion , that exemption must be specifically cited from the statute in response .
• Specific to law enforcement , it bears noting that initial incident and police arrest reports are subject to the Act ’ s disclosure requirements , regardless of whether they are part of an active investigation . Additionally , any report , whether entitled a “ Supplement Report ,” “ Narrative Report ,” or similar document name that is produced as part of an initial incident report must be disclosed . Accident reports , on the other hand , need not be released except to certain individuals specified in the law such as accident victims , witnesses , or attorneys representing them .
• If a record or report is not in existence at the time of the request , it is not necessary to prepare one in response .
• Records maintained by computer must be made available where practicable by electronic means . There is no requirement that an agency purchase or create new software in order to create a requested report , summary or compilation . However , an agency cannot refuse to produce electronic records or data on the grounds that it will require inputting search parameters into the existing computer system or database to create such a report .
• The mere fact that an email or other document comes from or has been copied to the agency ’ s attorney does not mean that it is exempt from disclosure . Unless the documents are subject to the attorney-client privilege or constitute attorney work product privilege , such as related to agency litigation , they are not exempt from disclosure . This is an issue which constantly arises and requires communication with the agency attorney regarding disclosure .
• Unless some other exemption applies , an individual or entity with a pending lawsuit against the agency may obtain public records through a proper request , subject to all exemptions , and the requestor is not limited to the litigation discovery process to obtain such records . However , the request and the documents received in response must be provided to the agency attorney by the requestor .
• Handwritten notes and the calendars of officers and employees are considered public records , unless subject to an applicable exemption .
• The Open Records Act requires the production of “ records ” as defined therein . Often there are questions propounded with the document requests to which a response is not required . For instance , a response is required to a request to produce an agency ’ s purchasing policies . However , a response to the question seeking the reasons for a sole source purchasing exception is not required .
• A request for future records , such as all agency officers ’ disciplinary records for the next six months , is not a proper request .
• There are many instances where the record such as an email or text has been deleted or destroyed . Please remember that there are requirements related to the deletion of records , and particularly the length of time they must be kept . Cities and counties are required to have a records management program that contains ,
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