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Vermont Public Records and the Right to Know:
What is the Procedure for
Responding to a Public Records Request?

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This Guide was published in 2003 and is no longer being updated. Please see the Right To Know website for more information.

Under 1 V.S.A. § 316(a) “any person may inspect or copy any public record or document of a public agency” during regular office hours.  The procedure for agency responses to such requests is set out in 1 V.S.A. § 318.  The custodian of the public record “shall promptly produce the record for inspection,” unless one of the exceptions enumerated within 1 V.S.A. § 318 applies.

See Case Law for 1 V.S.A. § 318 ADDITIONAL CASE LAW NEEDED!


1 V.S.A. § 316(a) Access to public records and documents

Any person may inspect or copy any public record or document of a public agency, on any day other than a Saturday, Sunday, or a legal holiday, between the hours of nine o'clock and twelve o'clock in the forenoon and between one o'clock and four o'clock in the afternoon; provided, however, if the public agency is not regularly open to the public during those hours, inspection or copying may be made during customary office hours.


1 V.S.A. § 318 Procedure

(a) Upon request the custodian of a public record shall promptly produce the record for inspection, except that:
(1) if the record is in active use or in storage and therefore not available for use at the time the person asks to examine it, the custodian shall so certify this fact in writing to the applicant and set a date and hour within one calendar week of the request when the record will be available for examination;
(2) if the custodian considers the record to be exempt from inspection under the provisions of this subchapter, he shall so certify in writing stating his reasons for denial of access to the record. Such certification shall be made within two business days, unless otherwise provided in subdivision (5) of this subsection. The custodian shall also notify the person of his right to appeal to the head of the agency any adverse determination;
(3) if appealed to the head of the agency, the head of the agency shall make a determination with respect to any appeal within five days, excepting Saturdays, Sundays, and legal public holidays, after the receipt of such appeal. If an appeal of the denial of the request for records is in whole or in part upheld, the agency shall notify the person making such request of the provisions for judicial review of that determination under section 319 of this title;
(4) if a record does not exist, the custodian shall certify in writing that the record does not exist
under the name given to him by the applicant or by any other name known to the custodian;
(5) in unusual circumstances as herein specified the time limits prescribed in this subsection may be extended by written notice to the person making such request setting forth the reasons for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more than ten working days. As used in this subdivision, "unusual circumstances" means to the extent reasonably necessary to the proper processing of the particular request:
(A) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;
(B) the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or
(C) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein, or with the attorney general.
(b) Any person making a request to any agency for records under subsection (a) of this section shall be deemed to have exhausted his administrative remedies with respect to each request if the agency fails to comply within the applicable time limit provisions of this section. Upon any determination by an agency to comply with a request for records, the records shall be made available promptly to the person making such request. Any notification of denial of any request for records under this section shall set forth the names and titles or positions of each person responsible for the denial of such request.


Case Law for 1 V.S.A. § 318

Purpose:

In Finberg v. Murnane (1992) 159 Vt. 431, 623 A.2d 979 the Court found that the purpose of this subchapter is to promote speedy resolution of disputes over citizen access to public records.

Note: Case law summaries come in pertinent part from Vt. Stat. Ann. 1§ 318 (West, Westlaw through 2003).

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