PUBLIC RECORDS
A quick reference guide to accessing public records in all 50 states.
BY:
TWITCH
U.S. Defenders
Introduction
As the motorcycle rights movement across the country attempts to recapture their rights base by passing
motorcycle profiling bills, fusion center, equal access bills and other legislation aimed at protecting the
motorcycle culture a critical element in their successes has been establishing a pattern of evidence. Being
able to provide legislators with more than just anecdotal stories about motorcycle profiling and providing
tangible evidence has proven far more impactful. One of the most effective tools in obtaining evidence of
motorcycle profiling has been the use of public records requests to obtain law enforcement records which
evidence motorcycle profiling by law enforcement. In fact, it can be said that their evidence is our
evidence.
While there are a myriad of records that can be obtained via a public records request including emails,
internet search histories, department cell phone records, training records, etc. we will focus on the ones
most commonly associated with the average motorcycle profiling stop. Those records include:
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Police Report
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CAD Report
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Dash Cam Video / Photos
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Radio Traffic
Police reports can be excellent pieces of motorcycle profiling evidence since they are written in the
officers own words. Additionally, most reports will indicate who the report was disseminated to. If we
look at the following police report obtained via public disclosure we can see that in his own words the
officer admits to profiling the group, following the group of motorcyclists and gathering intelligence
because the motorcyclists were wearing colors, and based on his experience he knows the group to have
been involved in criminal activity in the past. He makes no mention of the group actively committing any
crimes or traffic infractions. Additionally, we learn that the report was disseminated to the FBI Gang
Unit.
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CAD Reports can be another useful piece of evidence of motorcycle profiling. CAD stands for
Computer Aided Dispatch and is the communication record between dispatch and the officer’s mobile
computer. CAD reports identify the date and time of a call, the officers involved and all communications
back and forth between the officer and dispatch such and driver’s status and warrants checks, etc.
CAD Incident Inquiry
Complaint: 20100580645P
Disp: P
Call Received: 20100227 1420
Call Cleared: 20100227 1437
Date/Time
Unit
Dispatch: 20100228 1004
LK100
ID
Station
Incident Type
LD01
Suspicious P
Dispatcher: 206389
Location: Steilacoom Bl SW, S Tacoma WY
System Date
Time
Com
ID
Station Off
20100227
14:20:43
20100227
THEM
14:20:43
20100227
14:21:23
Query
LD01
E03033 LK100 @ 741525
20100227
14:21:48
Query
LD01
E03033 LK100 @ 6A8370
20100227
14:22:12
Query
LD01
E03033 LK100 @ 989753
20100227
14:22:47
Query
LD01
E03033 LK100 @ 956060
20100227
14:23:01
Back up
LD01
E03033 LK144 Osness, Paul
20100227
14:23:31
Back up
LD01
E03033 LK123 Brown, Matt
20100227
14:26:23
Misc
LD01
LK100, OUTSIDERS OMG MC GANG, TACOMA
On view
LD01
Text
LD01
E033 LK100 Hall, Jeff
GROUP OF OUTSIDERS MC GANG WILL JUST FOLLOW
Here, the CAD reports evidences the officer profiles the motorcyclists by identifying them as a gang and
following them when there has been no criminal or traffic infraction identified. The CAD report also
shows which license plates were run and what officers responded to provide back up, so for large
incidents CAD reports can help you identify exactly which officers were present at an incident.
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Dash Cam video can be incredibly persuasive evidence. In fact, in Washington State a motorcyclists was
awarded a $90,000 stipulated judgment against the state patrol after being arrested and the arresting State
Trooper was caught on his dash camera telling the motorcyclists he would arrest him for “Ahhh yeah, I’ll
think of something.”
Radio Traffic can be an important piece of evidence as it records all radio communications that take
place between any involved law enforcement officers and dispatch during an incident. When requesting
radio traffic it is important to request all radio traffic 15 minutes prior to the incident until 15 minutes after
the incident. You never know what you will hear on the radio traffic. In one recording obtained via
public disclosure you actually hear the officer tell dispatch that he was too scared to ask the bikers he had
stopped for their identification.
How To Obtain The Records
There are two ways to obtain law enforcement records. For federal agencies such as the ATF or
FBI, you will want to us a Freedom of Information Act request. The Freedom of Information Act
(FOIA) is a law that keeps citizens in the know about their government. The Freedom of
Information Act (FOIA) provides that any person has a right, enforceable in court, to obtain access
to federal agency records, except to the extent that such records (or portions of them) are protected
from public disclosure by one of nine exemptions or by one of three special law enforcement record
exclusions. A FOIA request can be made for any agency record. Before sending a request to a
federal agency, you should determine which agency is likely to have the records you are seeking.
For state or local agency records you will want to use a public records request. Each state has their
own public records laws which govern the release of public records, similar to the FOIA. A simple
internet search will allow you to obtain specifics of your states public records laws and request
process.
In most cases you will simply write a letter requesting the specific records you seek. Some states allow you
to request the records via phone and many state agencies have web pages where you can make a public
records request online. Many of these laws are similar to FOIA, but the similarities notwithstanding, you
must be alert to recognize where there are important differences. These distinctions may arise in regard to
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the breadth of coverage of a disclosure exemption or in the implementation of response deadlines.
ALWAYS review the specific law and regulation you are working with before you proceed. Be aware that
merely because your failure to comply with a particular requirement is not raised immediately at the
administrative level does not ensure that the problem will not come back to haunt you should you seek
judicial review.
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Sample Public Records Request
Lakewood Police Department
1235 F.T.C Street
Lakewood, WA 98309
RECORDS REQUEST
Dear Records Request Officer:
On 2/27/10 at approximately 2:20pm, Unit #315 of the Lakewood Police Department was
observed following and photographing a group of motorcyclists in the city of Lakewood.
Pursuant to RCW 42.17.250, the state open records act, I request access to and copies of:
- Any and all audio recordings, CAD Reports and or transcripts of any and all
communications taking place between officers/agents involved.
-Any and all video recordings and or photographs obtained during the course of the above
referenced investigation.
-Any and all officer reports, hand written notes, logs and voice recordings obtained during
the course of the above referenced investigation.
-Detailed records showing any and all inquiries made to NCIC, WSIN, WSIS, Department
of Licensing and Department of Corrections as part of the investigation referenced above,
etc.
-Detailed report disclosing the final disposition of the information collected and the reason
for the investigation.
I agree to pay reasonable duplication fees for the processing of this request.
If my request is denied in whole or part, I ask that you justify all deletions by reference to specific
exemptions of the act.
Thank you for your assistance.
Sincerely,
[Your Name]
7
Alabama Public Records Law
The Alabama Public Records Law under Al. Code §36-25A-1 et seq. grants citizens
the right to inspect and copy public writings. Pursuant to the statute, every citizen has a
right to inspect and take a copy of any public writing of the state, except as otherwise
expressly provided by statute.
Public
Records
Law Al.
Code
§36-25A-1
et
seq.
Exempt: Banking, juvenile court, hospital and probation reports; identity of Medicaid
recipients; reports of suspected disease cases; tax and financial statements.
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Alaska Public Records Act
The Alaska Public Records Act states that most records in the possession of
municipal (and state) government are subject to disclosure and this applies to
municipalities. Citizens should presume that all records are public and subject to
inspection by any member of the public. The only reason a record may be withheld
from public disclosure is if a legal exception can be identified that authorizes withholding
access.
Section AS 40.25.220(3) in the Alaska Public Records Act defines “public records” to
mean “books, papers, files, accounts, writings, including drafts and memorializations of
conversations, and other items, regardless of format or physical characteristics, that are
developed or received by a public agency, or by a private contractor for a public agency,
and that are preserved for their informational value or as evidence of the organization or
operation of the public agency; ‘public records’ does not include proprietary software
programs.”
Alaska
Public
Records
Act A.S.
§09.25.110
et
seq.
Exempt: Juvenile, adoption, medical and public health; library lending; names of victims
of certain types of sexual assault; and some law enforcement records.
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Arizona Public Records Law
The Arizona Public Records Law has been in existence for more than 100 years and
mandates that all public records be open to inspection by any person at all times during
office hours. Public records include books, papers, maps, photographs or other
documentary materials. Lake v. City of Phoenix recently established that digital metadata, attached to files stored in any electronic form are considered part of that document
and are thus subject to open records requests.
The Arizona Public Records Law does have some exceptions which include: student
records, research records, donor information, or if the release of a record would
constitute an invasion of personal privacy and that invasion outweighs the public’s right
to know, of if the disclosure of a record is detrimental to the best interests of the state.
Arizona law also requires individuals who are making a FOIA request for commercial
purposes to state those purposes.
Public
Records
Law §39-121
et
seq.
Exempt: Adoption records; disciplinary records of some professional groups; some
medical records; some corrections department records; bank records; and trade
secrets.
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Arkansas Freedom of Information Act
The Arkansas Freedom of Information Act was established in 1967. It is a series of
laws designed to guarantee that the public has access to public records of
governmental bodies. Arkansas defines public records as "writings, recorded sounds,
films, tapes, electronic or computer-based information, or data compilations in any
medium required by law to be kept.” Originally, any citizen of the state of Arkansas
could request records during normal business hours with the exception of individuals on
trial and convicted felons who request information concerning the Department of
Corrections. However, the restriction to only citizens of Arkansas has been lifted by
recent federal court rulings.
Some exemptions to the Arkansas Freedom of Information Act are state tax records,
medical/adoption/education records, archaeological and historical information, grand
jury minutes, unpublished drafts of judicial opinions, undisclosed police investigations,
information that would create unfair competition, identities of undercover law
enforcement, computer security information, home addresses of non-elected
employees, license examinations, military service discharge information, or records
relevant to the security of public infrastructure.
Freedom of Information Act Ark. Code Ann. §25-19-101 et seq. including §25-19-106.
Exempt: Income tax records; medical, scholastic and adoption records; historical and
archeological files; on-going law enforcement investigations; working papers,
competitive advantage, and personnel records; and identities of undercover law
enforcement officers.
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California Public Records Act
The California Public Records Act is a series of laws meant to guarantee that the
public has access to public records of governmental bodies in California. In December
of 2011, a Superior Court judge ruled that the California Assembly must also disclose
budget records of individual lawmakers, after some California newspapers filed a
lawsuit accusing legislators of flouting the state’s open records laws.
Public records in the California Public Records Act are defined as “any writing
containing information relating to the conduct of the public’s business prepared, owned,
used, or retained by any state or local agency regardless of physical form or
characteristics.” There is a separate category of “purely personal information” that,
although it may be in the custody of a government agency, does not fall under the act.
Statute 6255 states a catch all exemption, “The agency shall justify withholding any
record by demonstrating that the record in question is exempt under express provisions
of this chapter or that on the facts of the particular case the public interest served by not
disclosing the record clearly outweighs the public interest served by disclosure of the
record.”
Anyone can request public documents in California, and a purpose does not have to be
stated. The California Public Records Act does not regulate the use of records
obtained from public agencies. One should allow 10 days for an agency to comply with
a records request.
Public Records Act
Calif.
Public
Records
Act:
Gov't
Code
§6250-6268
Exempt: Law enforcement investigations: litigation; and proprietary business data and
personal privacy.
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Colorado Open Records Act
Until the Colorado Open Records Act was formalized in 1969, the ability of a citizen to
gain access to public records was at the discretion of the custodian of the records.
Public records include all writings that are made, maintained, kept or held by entities
that are subject to the Colorado Open Records Act for use in the exercise of functions
required or authorized by law or administrative rule or involving the receipt or
expenditure of public funds. Keep in mind, this could mean that a record that is in the
custody of an agency subject to theColorado Open Records Act would not itself, be
subject to the Colorado Open Records Act if it was not made, maintained or kept for a
governmental function or for an official reason.
There are several clear exemptions in the Colorado Open Records Act. The first
statute exempts correspondence that is work product and all correspondence with
constituents that clearly implies by its nature or content that the constituent expects that
it is confidential.
Any person can request records and they are not required to state a purpose nor is the
custodian of the records allowed to ask said person to provide a reason. Criminal justice
record cannot be used for solicitation of business for monetary gain, but that is the only
restriction on obtaining public records. Colorado Law stipulates a three day deadline for
a response.
Open Records Act C.R.S. 24-72-201 et seq.
Exempt: At discretion of custodian: Records of investigations; test questions; details of
research projects being conducted by the state; real estate appraisals; and motor
vehicle license photographs. Custodian must Exempt: Medical data; personnel files;
letters of reference; trade secrets; library records; addresses of public school children;
and sexual harassment complaints under investigation.
13
Connecticut Freedom of Information Act
The Connecticut Freedom of Information Act, enacted in 1975, is a series of laws
that guarantee the public access to public records of governmental bodies in
Connecticut. Public records include any recorded data or information relating to the
conduct of the public’s business prepared, owned, used, received or retained by a
public agency, or to which a public agency is entitled to receive a copy by law or
contract. This data or information can be handwritten, typed, tape-recorded, printed,
photostated, photographed or recorded by any other method.
Exemptions to the Connecticut Freedom of Information Act include:Preliminary drafts or
notes whose disclosure does not outweigh the public benefit of withholding them
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Personnel or medical files and similar files the disclosure of which would
constitute an invasion of personal privacy"
Records of law enforcement agencies which are still currently in pre-trial or trial
phase or which would place victims or culprits in danger.
Strategy or negotiation concerning pending litigation.
Trade Secrets
Financial information, freely given and not required by statute
Licensing tests and statements of personal worth.
Collective bargaining records and reports.
Personal information including names and addresses of students enrolled in any
school
Adoption records
Petitions
Records of complaints
Any information that would jeopardize security at correctional facilities,
infrastructure, telecommunications or the security of any individuals
Home addresses of anyone within the Address Confidentiality Program
Anyone may request public records and a purpose does not need to be stated. There
are no restrictions on the use of the records and the allotted response time for
Connecticut open requests is four days.
Freedom of Information Act Conn. Gen. Stat. § 1-200 et seq.
Exempt: Fifteen total exemptions including: Personnel, medical and some law
enforcement files; juvenile; some witness and victim identification records; pending
litigation files; and real estate documents.
14
The District of Columbia Freedom of Information Act
The District of Columbia Freedom of Information Act of1976 is a series of laws
designed to guarantee that the public has access to the public records of governmental
bodies in Washington, D.C. Everyone is entitled to full and complete information
regarding the affairs of government and the official acts of those who represent them as
public officials and employees. Anyone can request public documents in Washington,
D.C.
15
Delaware Freedom of Information Act
The Delaware Freedom of Information Act, first established in 1977, is a series of
laws guaranteeing that the public has access to the public records of governmental
bodies. Public records are defined as information of any kind, owned, made, used,
retained, received, produced, composed, drafted or otherwise compiled or collected by
any public body, relating in any way to public business, or in any way of public interest
or in any way related to public purposes.
Exemptions to open records laws include:
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"Any personnel, medical or pupil file, the disclosure of which would constitute an
invasion of personal privacy"
Trade secrets
Current police investigations, adoption information, and child custody information
Any criminal records deemed personal and private
Criminal intelligence information that would pose a security risk
"Any records specifically exempted from public disclosure by statute or common
law"
Anonymous charitable contributions to the public
Labor negotiations records
The minutes of executive meetings where the the meeting has been closed by a
vote of the public body because the subject of the meeting was either hiring
discussions, disciplinary hearings, litigation strategy, criminal investigations or
preliminary discussions of publicly funded projects.
Records of registered concealed weapons permits
Public Library records
Department of Correction records when sought by an inmate in that department
Autopsy photos and videos
The emails of the Delaware General Assembly and their staff
Any records that could result in a security risk to either individuals or
infrastructure
Military service discharge documents
Any citizen of Delaware may request public documents and the purpose of the records
request is not required. The Delaware Freedom of Information Act does not place
limits on the use of public records and there is a 15 day response time allotted.
Freedom
of
Information
Act
29
Del.
C.
§10001
et
seq.
Exempt: Personnel, medical, and student files; trade, investigative and intelligence
documents; charitable donations; collective bargaining; and pending lawsuits.
16
Florida Sunshine Law
The Florida Sunshine Law, established in 1995, is a series of laws designed to
guarantee that the public has access to the public records of government bodies in
Florida. Public records include all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other material,
regardless of physical form or characteristics, or means of transmission, made or
received pursuant to law to ordinance or in connection with the transaction of official
business by any agency. Some exemptions that are included are federal records that
the federal government has designated as non-public, personal e-mails sent from or
received by city employees using a government computer, some “drafts” or “notes” are
also exempt.
According to the Florida Sunshine Law, any person in Florida can request public
documents and a purpose does not have to be stated. Records can be used any way
the person want and the law does not specify a specific response time.
Sunshine
Law Fla.
Stat.
sec.
119.01
Exempt: More than 600 exemptions, check listed code citation.
et.
seq.
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Georgia Open Records Act
The Georgia Open Records Act is a series of laws guaranteeing the public access to
public records of government bodies. Public records are those documents generated by
individuals or groups in public office in the course of public service. Government
agencies that are included in the act are:
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Every state department, agency, board, bureau, commission and authority.
Every county, municipal corporation, school district, or other political subdivision
of the state.
Every department, agency, board, bureau, commission, authority, or similar body
of each such county, municipal corporation, or other political subdivision of the
state.
Every city, county, regional or other authority established pursuant to law.
With some exceptions, "any nonprofit organization that receives more than one
third of its funds in the form of a direct allocation of tax funds from the governing
authority of an agency."
Records in the Georgia Open Records Act that are exempt are records related to the
provision of staff services to individual members of the General Assembly by the
Legislative and Congressional Reapportionment Office, the Senate Research Office, or
the House Research Office, or GIS Data.
Any citizen of the state can request public records and requesters do not have to state a
purpose. Once they have been obtained, there is no restriction on how records can be
used, and agencies have three days to supply a response.
Open
Records
Act O.C.G.A.
§50-18-70
Exempt: Investigations; certain real estate documents; attorney-client privilege
documents; and names of handgun carriers. Electronic records open.
18
Hawaii Uniform Information Practices Act
The Hawaii Uniform Information Practices Act, established in 1975, is the law that
governs access to public records. Records include all materials maintained in
government offices and agencies including all records whether they be written, auditory,
visual, electronic, or other physical form. Exemptions of this act are records that
constitute an invasion of privacy, records of current judicial proceeding of which the
agency receiving the request is a part, and confidential government records, inchoate
and draft working papers of legislative committees including budget worksheets and
unfiled committee reports.
Anyone can request public records and Hawaiian law does not require a statement of
purpose. There are no restrictions on how the public records are used. Allow up to ten
days for a response to public records.
Uniform Information Practices Act Haw. Rev. Stat. §91-1 et seq.
Exempt: Medical, psychiatric, or psychological information; criminal investigations;
social services or welfare benefits information; personnel files; fitness to be granted a
license; and personal recommendations and evaluations.
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Idaho Public Records Act
The Idaho Public Records Act, established in 1990, governs access to public
documents in Idaho. All records are presumed to be open records. Exemptions include
court records that would result in the release of confidentiality, law enforcement
investigations, juvenile records, voting records of the sexual offender classification
board, records concerning discrimination investigations, workers compensation records,
prisoner records, current and former public employees, income tax information, hospital
and medical care records, Idaho Housing and FInance Association, voter registration
cards, records in the address confidentiality program, trade secrets including academic
research, archaeological records and endangered species locations, draft legislation
records, underwriting and claims records of the Idaho petroleum clean water trust fund,
or judicial authorization of abortions for minors.
According to the Idaho Public Records Act all agencies that are considered part of the
government of Idaho including both state and local agencies are covered with the
exception of the state militia. Any person can request records and statement of purpose
is not required. The only restriction on the use of open records is the creation of mailing
or phoning lists. Three days is the time allowed for any request to either be granted or
denied.
Public Records ActIdaho Code §9-337 et seq.
Exempt: 40 exemptions, check code citation.
20
Illinois Freedom of Information Act
The Illinois Freedom of Information Act, enacted in 1989 and recently updated in
2010, is a series of laws designed to guarantee that the public has access to public
records of government bodies at all levels in Illinois. The updates effective in 2012
greatly strengthened the act. The law requires each public agency to nominate an
officer to be the official keeper of public records, as well as complete an online training
course, established by the attorney general. The act defines public records as all
records, reports, forms, writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic data processing records,
recorded information and all other documentary materials under the control of any
public body.
Anyone can request public documents but the Illinois Freedom of Information Act is
not supposed to be used to further a commercial enterprise, violate individual privacy, or
disrupt the day-to-day working of the public body. Government agencies must either
comply with or deny a written request for public records within five working days after
receiving it.
Freedom
of
Information
Act 5
I.L.C.S.
140
et.
seq.
Exemptions: Numerous exemptions including personnel information, disciplinary actions
and vulnerability assessments.
21
Indiana Access to Public Records Act
The Indiana Access to Public Records Act is a series of laws designed to guarantee
that the public has access to public records of government bodies at all levels. Public
records are defined as essentially any information created, maintained or filed by
government agencies. Exemptions include trade secrets, confidential information
received upon request, academic research, licensing information, medical records,
anything declared exempt by the Supreme Court, autopsy photos or videos, social
security numbers, law enforcement investigations, attorney information, personal files of
employees, names of charitable donors, security measures for telecommunications,
schools, and general infrastructure, correctional officer information, complaint
information within law enforcement agencies, contact information for utility employees,
or labor negotiations.
Any person can request public records in Indiana and no request may be refused due to
a lack of statement of purpose. Record cannot be used for commercial purposes except
if it is news publications, academic research, or non-profit organization activities that are
using the information. The Indiana statute allows for seven days to process Indiana
Access to Public Records Act requests.
Access
to
Public
Records
Act
§§5-14-3-1
et
seq.
Exempt: Trade secrets; university research; and certain educational and medical
records. Discretionary exemptions include: Personnel files; diaries; journals; and
personal notes.
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Iowa Open Records Law
The Iowa Open Records Law is a series of laws designed to guarantee that the public
has access to public records of government bodies at all levels. The law includes all
records of government agencies except where the documents have been deemed
confidential. Exemptions include:
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Personal information on accepted students, current students, and past students
Medical records
Trade Secrets
Records of attorneys who represent the state
Reports that result in unfair competition
Appraisal information for public land purchases
Criminal files
Military confidential records
Personal information in records of employees and elected officials of public
agencies
Library records
Information on the donors of charitable contributions
Corrections department information that would jeopardize security.
Communications made to the government but not required by statute
Examinations
Archaeological and historical ecologically sensitive material locations and
information
Marketing and advertising budgets and strategies for non-profits
Information maintained by mediators employed to solve the disputes with
government agencies
Anyone can request public records and the law does not require a statement of purpose
for records requests. There are no restrictions for use of the records in the law and you
must allow 10-20 days for a record request response to be completed.
Open
Records
Law Iowa
Code
§22.1
et
seq.
State access law has 65 exemptions including personal information of public school
students, hospital and medical records, trade secrets, peace officers' investigative
reports, and attorney work related to litigation.
23
Kansas Open Records Act
The Kansas Open Records Act is a series of laws designed to guarantee that the
public has access to public records of government bodies at all levels in Kansas. The
act defines public records as any records that are created or kept in public agencies and
that pertain to the workings of the government.
Anyone can request public documents and while the law does not require an explicit
statement of purpose, departments are allowed to reject records claims if it places “an
unreasonable burden” on the department or if the department feels it is designed to
disrupt the flow of the workings of government. The Kansas Open Records Act does
not permit the use of lists of names and addresses for commercial purposes outside of
political and educational opportunities and the use of student lists by university sales
offices. The act allows three days for a department to respond to a request.
Open Records Law K.S.A. 45-215 etseq.
Exempt: 42 exemptions, check code citation.
24
Kentucky Open Records Act
The Kentucky Open Records Act is a series of laws designed to guarantee that the
public has access to public records of government bodies at all levels. A public record is
defined as including, “all books, papers, maps, photographs, cards, tapes, discs,
diskettes, recordings, software, or other documentation regardless of physical form or
characteristics, which are prepared, owned, used, in the possession of or retained by a
public agency.”
Anyone can request public records and while the law does not require an explicit
statement of purpose, departments are allowed to reject records claims if it places “an
unreasonable burden” on the department or if the department feels it is designed to
disrupt the flow of the workings of government. The use of records which were declared
for a commercial purpose are strictly forbidden. The Kentucky Open Records Act sets
a three day limit on records requests but extensions are allowed in some cases.
Open Records LawK.S.A. 45-215 etseq.
Exempt: 42 exemptions, check code citation.
25
Louisiana Public Records Act
The Louisiana Public Records Act, also known as Louisiana's Sunshine Law, was
enacted by the state’s legislature in 1940. Section LA 44.01.2(a) defines public records
as, “All books, records, writings, accounts, letters and letter books, maps, drawings,
photographs, cards, tapes, recordings, memorandum, and papers, and all copies,
duplicates, photographs, including microfilm, or other reproductions thereof, or any
other documentary materials, regardless of physical form or characteristics, including
information contained in electronic data processing equipment, having been used, being
in use, or prepared, possessed, or retained for use in the conduct, transaction, or
performance of any business, transaction, work, duty, or function which was conducted,
transacted, or performed by or under the authority of the constitution or laws of this
state, or by or under the authority of any ordinance, regulation, mandate, or order of any
public body or concerning the receipt or payment of any money received or paid by or
under the authority of the constitution or the laws of this state, are "public records",
except as otherwise provided in this Chapter or the Constitution of Louisiana.”
Anyone can request public records and a purpose does not need to be stated. There
are no restrictions on what can be done with the public documents once a records
requester has them in hand. The custodian of the records must respond to requests
within three days.
Open Records Law La.R.S. 44:1 etseq.
Exempt: Pending criminal litigation; juvenile status offenders; sexual offense victims;
security procedures; trade secrets; and some public employee information.
26
Maine Freedom of Access Act
The Maine Freedom of Access Act is a series of laws designed to guarantee that he
public has access to public records of government bodies at all levels in Maine. The act
defines public records as, “any written, printed or graphic matter or any mechanical or
electronic data compilation from which information can be obtained, directly or after
translation into a form susceptible of visual or aural comprehension, that is in the
possession or custody of an agency or public official of this State or any of its political
subdivisions, or is in the possession or custody of an association, the membership of
which is composed exclusively of one or more of any of these entities, and has been
received or prepared for use in connection with the transaction of public or
governmental business or contains information relating to the transaction of public or
governmental business."
Anyone can request public records and the law does not require a statement of purpose
or restrict the use of public records. The Maine Freedom of Access Act does not
specify a time limit with regard to positive request responses but a rejection must occur
within five business days.
Open Records Law M.R.S.A. Sec. 402 etseq.
Exempt: Certain law enforcement investigation documents; records of legislature; and
university administrative committees.
27
Maryland Public Information Act
The Maryland Public Information Act is a series of laws designed to guarantee that
the public has access to public records of government bodies at all levels in Maryland.
Public records are defined by the Code of Maryland as documents in any form, made or
received by a public body which pertain to government business.
According to the Maryland Public Information Act, any person or governmental unit
can make public records requests unless it is otherwise indicated by statute. There are
not any requirements concerning a statement of purpose, however, if the custodian of
the records decides that inspection would go against the public interest, he/she may
deny the record for up to ten days. The use of criminal records for the solicitation of
legal services is prohibited by law. The department has 30 days to either grant or deny
the request.
Open Records Law Md. State Gov't Code Ann. §§10-611 et seq.
Exempt: Information that invades individual privacy; trade secrets; public policy
development memos; and investigative materials.
28
Massachusetts Public Records Act
The Massachusetts Public Records Act is a series of laws designed to guarantee that
the public has access to public records of government bodies at all levels. Public
records are defined as all books, papers, maps, photographs, recorded tapes, financial
statements, statistical tabulations, or other documentary materials or data, regardless of
physical form or characteristics, made or received by any officer or employee of any
agency.
Anyone can request public records and no statement of purpose is required. Also, the
Massachusetts Public Records Act places no restrictions on the use of records.
Massachusetts’ law allows 10 days for record responses.
Open Records Law G.L. c. 66, sec. 10.
Exempt: Information that would invade individual privacy; trade secrets; public policy
development memos; and investigative materials.
29
Michigan Freedom of Information Act
The Michigan Freedom of Information Act, enacted in 1977, is a series of laws
designed to guarantee that the public has access to public records of government
bodies at all levels in Michigan. Records are defined as a writing which encompasses
handwriting, typing, printing, photographing, photocopying, and every other means of
recording, and includes letters, words, pictures, sounds, or symbols, or combinations
thereof, or other means of recording or retaining meaningful content prepared, owned,
used, in the possession of, or retained by a public body in the performance of an official
function, from the time it is created."
Any person other than incarcerated felons may request public records in Michigan. A
person who asks for access to public records is not required to justify his or her request.
A person can use the information any way they please. The Michigan Freedom of
Information Act allows 5 days for any response to record requests.
Open Records Law Mich. Comp. Laws Ann. §15.231 etseq
Exempt: Information deemed private; trade secrets; advisory communications with
government agencies; attorney-client communications; medical counseling and
psychological facts or appraisals; records of campaign committees; and some law
enforcement records.
30
Minnesota Data Practices Act
The Minnesota Data Practices Act is a series of laws designed to guarantee that the
public has access to public records of government bodies at all levels. Public records
are defined as all data collected, created, received, maintained or disseminated by any
government entity regardless of its physical form, storage media or conditions of use.
Anyone may request public records and they are also entitled to have the data
explained to them if they don’t understand it. No statement of purpose is required and
the only restriction of the use of records is that if a commercial use is intended the
government agency may charge an additional fee. There is no response time specified
in theMinnesota Data Practices Act.
Open Records Law Minn. Statutes 13.01 etseq.
Exempt: Juvenile court records; and some personnel information.
31
Mississippi Public Records Act
The Mississippi Public Records Act is a series of laws designed to guarantee that the
public has access to public records of government bodies at all levels. Records are
defined as "all books, records, papers, accounts, letters, maps, photographs, films,
cards, tapes, recordings or reproductions thereof, and any other documentary materials,
regardless of physical form or characteristics, having been used, being in use, or
prepared, possessed or retained for use in the conduct, transaction or performance of
any business, transaction, work, duty or function of any public body, or required to be
maintained by any public body."
Anyone can request access to Mississippi’s public records and no state of purpose is
required. There are no restrictions placed on the use of records.The Mississippi Public
Records Actstates that, if not decided upon by the individual department, departments
have one working day to respond to PRA requests. However, departments may
establish their own time limits of up to fourteen working days.
Public Records Act Miss. Code Ann25-61-1 etseq.
Exempt: Personnel matters; employment applications; individual tax records; academic
examination questions; appraisal information concerning the sale or purchase of
property for public purposes; and attorney work product concerning litigation.
32
Missouri’s Sunshine Law
The Missouri Sunshine Law was introduced seven years after the Freedom of
Information Act was passed in Congress in response to the Watergate scandal. In 1973,
RSMO Chapter 610 was signed into the Missouri Constitution making the state one of
the earliest advocates of the open records act. The law expressly stated that meetings,
records, votes, actions, and deliberations of public governmental bodies are to be open
to the public. Records are defined by Missouri law as "any record, whether written or
electronically stored, retained by or of any public governmental body including any
report, survey, memorandum, or other document or study prepared for the public
governmental body by a consultant or other professional service paid for in whole or in
part by public funds, including records created or maintained by private contractors
under an agreement with a public governmental body or on behalf of a public
governmental body.”
Anyone can request documents and a statement of purpose is not required. There is
nothing in theMissouri Sunshine Law that restricts the use of records and an individual
should allow three business days for the return of records requests.
Sunshine Law Mo. Code §610.023 etseq.
Exempt: Same as meetings law.
33
Montana Public Records Act
The Montana Public Records Act is a series of laws designed to guarantee that the
public has access to public records of government bodies at all levels. The original
definition of records includes all writings of government bodies including electronic mail.
However, it has been expanded to include all items in "electronic format or other nonprint media, including but not limited to videotapes, photographs, microfilm, film, or
computer disk."
The Montana Public Records Act stats that citizens are entitled to public records in
the state, however, the Montana Constitution states that no person may be denied such
records. The Constitution trumps statute, so anyone may request public documents in
Montana. There is no requirement for a statement of purpose, but the law does place a
limit on the sale of mailing lists for commercial reasons. There are no time limits
specified for a response to a request.
Public Records Act Montana Code 2-6-101 etseq.
The law gives citizens the right to inspect any "public writings" of the state except as
prohibited by statute. Recent legislation removed several exemptions to the law, thus
opening records, including death certificates.
Exempt: Records may be closed if the right to individual privacy clearly exceeds the
public's right to know. However, the Montana Supreme Court has upheld challenges to
statutes or executive branch decisions that closed records, ruling that the constitutional
public right to know outweighed the individual privacy interest.
34
Montana Public Records Act
The Montana Public Records Act is a series of laws designed to guarantee that the
public has access to public records of government bodies at all levels. The original
definition of records includes all writings of government bodies including electronic mail.
However, it has been expanded to include all items in "electronic format or other nonprint media, including but not limited to videotapes, photographs, microfilm, film, or
computer disk."
The Montana Public Records Act stats that citizens are entitled to public records in
the state, however, the Montana Constitution states that no person may be denied such
records. The Constitution trumps statute, so anyone may request public documents in
Montana. There is no requirement for a statement of purpose, but the law does place a
limit on the sale of mailing lists for commercial reasons. There are no time limits
specified for a response to a request.
Public Records Act Montana Code 2-6-101 etseq.
The law gives citizens the right to inspect any "public writings" of the state except as
prohibited by statute. Recent legislation removed several exemptions to the law, thus
opening records, including death certificates.
Exempt: Records may be closed if the right to individual privacy clearly exceeds the
public's right to know. However, the Montana Supreme Court has upheld challenges to
statutes or executive branch decisions that closed records, ruling that the constitutional
public right to know outweighed the individual privacy interest.
35
Nevada Open Records Act
The Nevada Open Records Act is a series of laws designed to guarantee that the
public has access to public records of government bodies at all levels. Public records
includes all books and records of all government entities.
Anyone can request public records and there is no statement of purpose required.
There are no restrictions with regard to the use of records and an individual should
allow five business days for a response to a request.
Open Records Act N.R.S. 239 etseq.
Exempt: Over 300 exemptions. Custodians must balance privacy issues with public
interest.
36
New Hampshire Right to Know Law
The New Hampshire Right to Know Law is a series of statutes designed to guarantee
that the public has access to public records of governmental bodies. Public records are
any information created, accepted, or obtained by, or on behalf of, any public body.
The New Hampshire Right to Know Law indicated that all “citizens” have a right to
access New Hampshire’s records. However the law does not specify whether it is
citizens of New Hampshire or the United States. The only requirement for a statement
of purpose is the release of statistical data sets that may contain personal information.
This must be declared as a request for research. Exempted records may be released to
other government agencies for use within only those agencies.Records released as
statistical data sets can only be used for research and cannot be distributed to
undeclared, non-research personnel. Allow five days for a response to record requests.
Right to Know Law R.S.A. Ch. 01-Aetseq.
Exempt: Investigative files; parole and pardon board records; student records; and
certain commercial/financial information.
37
New Jersey Open Public Records Act
The New Jersey Open Public Records Act became the state’s sunshine law in 2002,
replacing, and significantly improving, a pre-existing right-to-know law. Public records
includes any paper, written or printed book, document, drawing, map, plan, photograph,
microfilm, data processed or image processed document, information stored or
maintained electronically or by sound-recording or in a similar device, or any copy
thereof, that has been made, maintained or kept on file.
Anyone but convicted criminals seeking information on victims may request public
documents from the state. There is no requirement for a statement of purpose and no
restrictions placed on the use of records. The New Jersey Open Public Records Act
allows for up to seven days to respond to a records request.
Open Public Records Act N.J.S.A. 47:1A-1 etseq.
Exempt: Child abuse records; and pending investigation records.
38
New Mexico Inspection of Public Records Act
The New Mexico Inspection of Public Records Act is a series of laws designed to
guarantee that the public has access to public records of governmental bodies. The
New Mexico Statute 14-2-6 states that records include "all documents, papers, letters,
books, maps, tapes, photographs, recordings and other materials, regardless of
physical form or characteristics, that are used, created, received, maintained or held by
or on behalf of any public body and relate to public business, whether or not the records
are required by law to be created or maintained.”
Anyone can request public records and no statement of purpose is required. The law
does place a restriction on the use of police reports. They cannot be used to solicit
victims for services. The New Mexico Inspection of Public Records Act allows for
three days for a response to a records request.
Inspection of Public Records Act 14-2-1 NMSA1978 etseq.
Exempt: Physical or mental examinations and medical treatment; letters of reference
concerning employment, licensing or permits; matters of opinion in personnel files or
students' cumulative files; law enforcement records that reveal confidential sources,
methods, information or individuals accused but not charged; identity of applicant or
nominee for president of institution of learning but names of at least five finalists must
be released at least 21 days before selection is made.
39
New York Freedom of Information Law
The New York Freedom of Information Law is a series of laws designed to guarantee
that the public has access to public records of governmental bodies in New York. New
York’s first such law was passed in 1974 but that law was repealed and replaced in
1977 with a significantly changed law. Important amendments were then made to the
law in 1982, 2005, and 2008. A record is defined as any information kept, held, filed,
produced, or reproduced by, with or for an agency or the state legislature, in any
physical form whatsoever. Documents are still covered by the act if a promise of
confidentiality has been given, if they are in temporary possession of someone else, or
if they originated outside the government but have come into possession of the
government.
Anyone can request records in New York. A statement of purpose is usually not
required but several New York courts have considered the requestor’s motives to be
relevant where the motive of the document requestor was to obtain documents relative
to pending litigation. The New York Freedom of Information Law also allows agencies
to deny requests for lists if the lists that would be obtained would be used for
commercial or fundraising purposes. However, there are no restrictions on how public
records may be used, once they have been obtained. Allow five days for a response to
a public records request.
Freedom of Information Law NY Pub. Off. Law sec. 84 etseq.
Exempt: Disclosures resulting in unwarranted invasion of privacy or
business/competition enterprises; names of sex crime victims; and some law
enforcement records and inter/intra-agency materials.
40
North Carolina Public Records Law
The North Carolina Public Records Law is designed to guarantee that the public has
access to public records of governmental bodies in North Carolina. The first statute was
passed in 1935. Records include all documents, no matter the physical form, "made or
received pursuant to law or ordinance in connection with the transaction of public
business by any agency."
Anyone can request public records and no statement of purpose is required. There are
no restrictions placed on the use of records and there is no time limit for a response.
Section § 132-6 of the North Carolina Public Records Law states that a custodian of
public records shall make them available "at reasonable times and under reasonable
supervision by any person, and shall, as promptly as possible, furnish copies thereof
upon payment of any fees as may be prescribed by law."
Public Records Law G.S. §132-1
Exempt: Confidential legal communications; criminal investigations; and intelligence
information.
41
North Dakota Open Records Statute
The North Dakota Open Records Statute is a series of laws designed to guarantee
that the public has access to public records of governmental bodies. North Dakota law
defines records as, "recorded information of any kind, regardless of the physical form or
characteristic by which the information is stored, recorded, or reproduced, which is in
the possession or custody of a public entity or its agent and which has been received or
prepared for use in connection with public business or contains information relating to
public business.”
Anyone can request public records and no statement of purpose is required. There are
no restrictions placed on the use of records nor is a response time specified.
Open Records Statute N.D.C.C. §44-04-18 etseq.
Exempt: Juvenile records; trade secrets; public employee medical and assistance
records; workers compensation; unemployment; tax information; law enforcement
investigation records; and most Department of Human Services records.
42
Ohio Open Records Law
The Ohio Open Records Law, first enacted in 1963, is contained in Section 149.43 of
the Ohio Revised Code. The law describes what records are available, what agencies
are covered, what fees can be charged, who can ask for records, etc. Records include
all records kept by any public office as well as records of both non-profit and for-profit
private schools.
Anyone may request public records and no statement of purpose is required. In fact
records requests need not even be submitted in writing and can be made anonymously.
There are no restrictions to the use of records and the Ohio Open Records Law does
not specify a time limit on open records request.
Open Records Law Ohio Rev. Code sec. 149.43 etseq.
Exempt: Personal bank records; medical records; adoption records; probation and
parole records; and certain law enforcement investigative records
43
Oklahoma Open Records Act
The Oklahoma Open Records Act is a series of laws designed to guarantee that
public has access to all public records of governmental bodies. Section 24A.2 defines
records as "all documents, including, but not limited to, any book, paper, photograph,
microfilm, data files created by or used with computer software, computer tape, disk,
and record, sound recording, film recording, video record or other material regardless of
physical form or characteristic, created by, received by, under the authority of, or
coming into the custody, control or possession of public officials, public bodies, or their
representatives in connection with the transaction of public business, the expenditure of
public funds or the administering of public property." This specifically includes all
records of the transfer of public funds.
According to the Oklahoma Open Records Act, anyone may request public records
and no statement of purpose is required. However, if the purpose is commercial, fees
will be charged for document collection. There is no restriction on the use of records
and the law does not specify a time limit for responses to requests.
Open Records Act OK Stat, tit. 51, §24A.1 etseq.
Exempt: If protected by state evidentiary privilege; real estate appraisals; personnel
records; registration files of sex offenders; public officials' personnel notes; businessrelated bids; computer programs; medical market research; and certain educational
records including student records.
44
Oregon Public Records Law
The Oregon Public Records Law, first enacted in 1973, is a series of laws designed to
guarantee that the public has access to public records of government bodies at all
levels. The ORS 192.410(4)(a) says that a public record includes any writing that
contains information that relates to the conduct of the public's business, is prepared,
owned, used or maintained by a public body regardless of physical form or
characteristics. If a record (a) does not relate to the conduct of the public's business and
(b) is contained on a privately owned computer", then it is not a public record as defined
in the law.
Anyone can request public records and a statement of purpose is not required. There
are no restrictions on the use of records nor is there a specified time limit for responses.
Open Records Laws O.R.S. 192.410 etseq.
Exempt: Records less than 75 years old containing information on the health care
treatment of a living individual; impending litigation; trade secrets; criminal investigation
materials; testing materials; real estate appraisals; personnel disciplinary action; and
computer programs.
45
Pennsylvania Right to Know Law
The Pennsylvania Right to Know Law is a series of laws designed to guarantee that
the public has access to public records of governmental bodies. Prior to 2008, the
Pennsylvania Right to Know Act was widely regarded as one of the worst in the country,
partly because the pre-2008 law presumed that government records were not public,
unless someone who wanted the record could establish otherwise. A new law passed
by the state legislature and signed by Governor Ed Rendell "flipped the presumption".
This new law went into full effect on January 1, 2009 and it states, in sharp distinction to
the previous law, that all documents will be presumed to be opento the public unless the
agency holding them can prove otherwise.
The Pennsylvania Right to Know Law defines records as, “information, regardless of
physical form or characteristics, that documents a transaction or activity of an agency
and that is created, received or retained pursuant to law or in connection with a
transaction, business or activity of the agency." Any United States citizen may request
public records and no statement of purpose is required. There is no restriction on the
use of records and five days is the limit for responses to requested documents.
Right to Know Law 65 Pa. Stat. Section66.1 etseq.
Exempt: Most investigative records; birth and death records; and accident reports.
46
Rhode Island Access to Public Records Act
The Rhode Island Access to Public Records Act, first enacted in 1979, is a law that
guarantees access to public records of government bodies at all levels in Rhode Island.
The act is defined in Chapter 38.2 of the Rhode Island General Laws and has been
significantly revised in 1991, 1998 and 2008. Public records are all documents, no
matter their physical form that are “made or received pursuant to law or ordinance or in
connection with the transaction of official business by any agency.”
Anyone can request public records, and no statement of purpose is required. According
to theRhode Island Access to Public Records Act §38-2-6, it is illegal to use
information obtained from public records to "solicit for commercial purposes, or to obtain
a commercial advantage over the party furnishing that information to the public body."
Rhode Island law allows 10 days for a public body to deny a request. If the agency does
not respond within 10 days, it is deemed a denial.
Access to Public Records Act R.I. Gen. Laws§§38-2-1
Exempt: Presumption of disclosure with few exemptions.
47
South Carolina Freedom of Information Act
The South Carolina Freedom of Information Act is a series of laws designed to
guarantee that the public has access to public records of governmental bodies in South
Carolina. South Carolina’s definition of records includes all records, no matter their
physical characteristics, that were “prepared, owned, used, in the possession of, or
retained by a public body.”
Anyone may request public records and a statement of purpose is not required. The
South Carolina Freedom of Information Act prohibits the use of police reports,
information about disabled individuals and employee information for commercial
purposes. There is a 15 day period for a business to respond to records requests.
Freedom of Information Act S.C. CodeAnn. §30-4-10
Exempt: Pending investigation documents; confidential attorney communications;
identification of informants; certain bank and business transactions; and income tax
returns.
48
South Dakota Sunshine Law
The South Dakota Sunshine Law is a series of laws designed to guarantee that public
has access to public records of governmental bodies. Public records are defined as all
records kept by public bodies in South Dakota, no matter the physical form. The state
also offers OpenSD, a search-able website with many public documents available.
Anyone may request public records and a statement of purpose is not required. There
are no restrictions on the use of records in the South Dakota Sunshine Law, nor is
there a specified response time.
Sunshine Law S.D.C.L. 1-27-1 etseq.
Exempt: Savings and loan association reports; school records; juvenile court records;
adoption records; hospital licensing and inspection information; and medical research
information.
49
Tennessee Open Records Act
The Tennessee Open Records Act is a series of laws designed to guarantee that the
public has access to public records of government bodies at all levels. Records in the
possession of public agencies in Tennessee are open to perusal by the public unless
they are specifically exempted by statute or case law. Records are defined as any
documents, no matter the physical form which are "made or received pursuant to law or
ordinance or in connection with the transaction of official business by any governmental
agency."
Any citizen of Tennessee can request public records and a statement of purpose is not
required. The Tennessee Open Records Act does not restrict the use of records and
allows seven days to respond to records requests.
Open Records Act Tenn. CodeAnn. 10-7-503 etseq.
Exempt: Medical records of patients in state institutions; some investigative records;
public school student records; and some economic development issues, such as land
acquisition.
50
Texas Public Information Act
The Texas Public Information Act is a series of laws designed to guarantee that the
public has access to public records of government bodies. Until the law was formalized,
the ability of a citizen to gain access to public records was at the discretion of the
custodian of the records, except in those cases where records custodians were
forbidden to allow access. The law covers nearly all documents that are in the
possession of government agencies in the state that are covered by the law. Section
552.002 says that information is public if it "is collected, assembled, or maintained under
a law or ordinance or in connection with the transaction of official business" by a
governmental body or for a governmental body, and the governmental body owns the
information or has a right of access to it.
Any person, not just citizens of Texas, can request public information. A statement of
purpose is not required nor is there a law on how the records can be used. The Texas
Public Information Act allows 10 days for a response to public record requests.
Public Information Act Tex. Rev. Civ. Stat. Ann. art. 6252-17a
Closed: Attorney consultations; real estate transactions; hearings of the ethics
commission; personnel and individual student matters; and emergency medical service
quality reviews, etc.
51
Utah Government Records Access and Management Act
The Utah Government Records Access and Management Act is a series of laws
designed to guarantee that the public has access to public records of government
bodies at all levels. Documents created by public bodies in Utah are open for inspection
to any member of the public.Documents that are considered exempt from open records
laws include private information about individuals and government employees (pursuant
to 63G-2-302 and 63G-2-303), health records of individuals (pursuant to 63G-2-304),
and records that are protected because if released they may result in security problems
(pursuant to 63G-2-106) or financial speculation, unfair competition and financial
instability (pursuant to 63G-2-305).
Anyone can request public records and a statement of purpose is not required. There
are no restrictions on the use of public records under the Utah Government Records
Access and Management Act and the act requires that responses be made within at
least 10 business days
52
Vermont Public Records Law
The Vermont Public Records Law is a series of laws designed to guarantee that the
public has access to public records of government bodies at all levels in Vermont.
Public records includes all documents, no matter the physical form that are “produced or
acquired in the course of public agency business.”
Anyone can request public records and a statement of purpose is not required. The
Vermont Public Records Law places no restrictions on the use of public records.
Records denials must be issued within 2 days of receiving the records request.
Open Records Law 1 V.S.A. §§315 etseq.
Exempt: Twenty exemptions including: Personnel files; criminal investigation records;
tax documents; and location of historical/archaeological sites.
53
Virginia Freedom of Information Act
The Virginia Freedom of Information Act is a series of laws designed to guarantee
that the public has access to public records of government bodies at all levels in
Virginia. Public records includes all documents, no matter their physical form, that are
"prepared or owned by, or in the possession of a public body or its officers, employees
or agents in the transaction of public business."
Any citizen of Virginia may request public records, however Virginia does limit the right
of incarcerated felons to request any records whatsoever. The Virginia Freedom of
Information Act does not require a statement of purpose, nor are there any restrictions
on the use of records. Virginia law requires open records request responses to be made
within 5 business days.
Freedom of Information Act Va. CodeSecs. 2.2-3704 -3706
Exempt: Some criminal investigations; some police reports; tax returns; medical
records; personnel matters; real estate; attorney client privilege exemptions; and
working papers.
54
Washington Public Records Act
The Washington Public Records Act is a series of laws designed to guarantee that
the public has access to public records of government bodies at all levels. Washington
law defines records as "any writing containing information relating to the conduct of
government or the performance of any governmental or proprietary function prepared,
owned, used, or retained by any state or local agency regardless of physical form or
characteristics."A recent Supreme Court ruling has said that accident reports are also
public records.
Anyone can request records and a statement of purpose is not required, nor are there
restrictions placed on the use of records. The Washington Public Records Act allows
5 days for records responses.
Public Records Act Wash. Rev. Code § 42.56 etseq.
Exempt: Personal student or patient information; employee files; and some investigative
records.
55
West Virginia Freedom of Information Act
The West Virginia Freedom of Information Act is a series of laws designed to
guarantee that the public has access to public records of government bodies at all
levels. West Virginia law defines records as "any writing containing information relating
to the conduct of the public's business, prepared, owned and retained by a public body".
Anyone can request public records and a statement of purpose is not required, nor are
there restrictions on the use of the records. The West Virginia Freedom of
Information Act allows for 5 business day for records request responses.
Freedom of Information Act W.Va. Code§ 29B-1-1 etseq.
Exempt: Trade secrets; information violating personal privacy; some exam data; some
archaeological sites; and law enforcement records for internal use.
56
Wisconsin Open Records Law
The Wisconsin Open Records Law, first enacted in 1982, is a series of laws designed
to guarantee that the public has access to public records of government bodies at all
levels. Wisconsin defines record as any document, regardless of physical form, that
"has been created or is being kept by" an agency.
In general, "any requester has a right to inspect any record." (Wis. Stat. 19.35(1)(a)).
However, people who are incarcerated and people who have been involuntarily
committed to a mental institution are restricted in their rights of access to public
documents. A statement of purpose is not required and the statute for how records can
be used states, "A requester shall comply with any regulations or restrictions upon ...
use of information which are specifically prescribed by law." The Wisconsin Open
Records Law does not specify a time requirement for responses to records requests.
Open Records Law Wis. Stat. 19.31 etseq..
Exempt: Certain investigative records, computer programs and trade secrets; public
library circulation records are confidential.
57
Wyoming Sunshine Law
The Wyoming Sunshine Lawis a series of laws designed to guarantee that the public
has access to public records of government bodies at all levels. The definition of
records includes all documents, no matter their physical form, that have been created or
received by government agencies in the course of public business.
Anyone can request public records and a statement of purpose is not required, nor are
there restrictions placed on the use of public records. The Wyoming Sunshine Law
does not specify response times.
Sunshine Law Wyo. Stat. § 16-4-201 etseq.
Exempt: Some law enforcement investigation records; testing materials; details of state
institutions' research projects; labor negotiations; school board and university student
disciplinary records; and medical records of publicly funded hospitals.
58