3 V.S.A. § 218(a) Agency/Department
Records Management Program
(a) The general
assembly finds that public records are essential to the administration of state
and local government. Public records contain information which allows
government programs to function, provides officials with a basis for making
decisions, and ensures continuity with past operations. Public records
document the legal responsibilities of government, help protect the rights of
citizens, and provide citizens a means of monitoring government programs and
measuring the performance of public officials. Public records provide
documentation for the functioning of government and for the retrospective
analysis of the development of Vermont government and the impact of programs on
citizens. Public records in general and archival records in particular
need to be systematically managed to preserve their legal, historic, and
informational value, to provide ready access to vital information, and to
promote the efficient and economical operation of government.
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Case Law for 1 V.S.A. § 315
Grievances against a Public Body:
The Court in Trombley v. Bellows Falls Union High School
District 160 Vt. 101(1993) found that "unless an exemption applies,
the right of access under this subchapter extends to grievance decisions and related
documents against a public body."
Liberally Construed:
In
Trombley v. Bellows Falls Union High School District 160 Vt.
101(1993) the court found that 1 V.S.A. § 315, should be
"construed liberally."
The Court in
Finberg v. Murnane 159 Vt. 431(1992)
also held that the right to public access should be liberally construed because
"policy considerations clearly favor the right of access to public records
and public documents."
Motive is Irrelevant:
The Court in
Finberg v. Murnane 159 Vt. 431(1992)
found that "Motive is irrelevant to the right of access under this
subchapter." This finding was also
cited by the courts in: Welch v. Seery
138
Vt. 126(1980), Lucas v. Hahn 162 Vt. 456 (1994),
New England Coalition for Energy Efficiency & Environment v. Office
of Governor 164 Vt. 337(1995),
The
Burlington Free Press v. University of Vermont 172 Vt. 303 (2001).
Note: Case law summaries come in pertinent part from Vt. Stat. Ann. 1§ 315 (West, Westlaw through 2003).
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