Employee Hub

Most people requesting public records simply need guidance on how to submit a request. In these cases, employees can direct them to the relevant information on the college website. The Public Records Officer oversees these requests and is located in the President’s Office, Administrative Annex - CA-101.

Providing these individuals with the above information will typically satisfy their immediate request. If not, employees are encouraged to refer the individual to the Public Records Officer or, if needed, their supervisor for further assistance. It is important that employees do not attempt to fulfill public records requests themselves, as there are specific legal and procedural requirements that must be followed. Directing requesters to the appropriate resources ensures that all requests are handled accurately and in compliance with college policies and public records laws.

We know many community and technical colleges have recently been the targets of “First Amendment Audits,” or private citizens videotaping interactions with public officials, whether during board meetings or the day-to-day activities of college employees. The intended purpose of such audits is to “test” the college’s response and to see if the college employee will violate the person’s First Amendment rights. 

The following are common questions and serves as a resource for general education purposes; however, it is not intended to be legal advice and colleges are encouraged to reach out directly to their assigned AAG for legal guidance.

Do First Amendment Auditors have the right to record college employees in the performance of their duties?

Most colleges are largely open to the public, and auditors may enter any areas that are open to the public, just like anyone else. There is generally no expectation of privacy in public conversations between college employees and other staff, students, or members of the public. Thus, the right to record college employees in the performance of their duties likely extends to work that occurs in areas open to the public.

Auditors do not have the right to access to all areas of the college, below are definitions to assist in understanding about space:

Limited Access Space:  Faculty offices, classrooms, labs, departmental areas such as the enclosed center/spaces of enrollment, diversity center, counseling, financial aid, business office etc.

Open Access Space: Lobbies located in any of the public buildings such as Knutzen Cardinal Center lobby, libraries, Lewis Hall lobby, Oak Hall foyer etc.

What can college employees do if First Amendment Auditors request, or insist upon, access to a limited access or non-public area?

College employees should remain calm, respond in a professional manner, and avoid escalating the interaction. Assist the auditor in identifying and locating the employee(s) who can answer their questions or provide requested records, or request that the auditor return to a public space and wait on further assistance, while contacting the specified college employee. 

College employees should avoid calling security unless the auditor becomes unreasonably disruptive, physically threatening, or impedes the performance of college business. Profane, repetitive, or abusive language, without more, does not qualify as a sufficient disruption to remove the individual from public spaces. However, colleges should be mindful of their responsibility to protect staff from discriminatory harassment and ensure appropriate support is provided to any college employee who is subjected to profane, discriminatory, or abusive language by an auditor.

If employees are contacted by members of the media—whether from a well-known news organization or someone identifying themselves as a journalist—they should refer these individuals to our Public Information Officer (PIO), Marisa Pierce. The PIO can assist reporters and journalists in obtaining the necessary information and help coordinate interview requests.

Even if the request is for a feature highlighting a positive aspect of the college, it is essential to direct all media inquiries to the PIO. This ensures the right people are informed and can help share the news with the campus community and the general public once it is published.