Vermont Public Records Law
The Vermont Public Records Act is a series of laws primarily outlined in Title 1, Chapter 5, Subchapter 3 of the Vermont Statutes Annotated. This law grants the public the right to inspect or copy any written or recorded information that is produced or obtained by a public agency in the course of its business unless it is exempted by law.
Where Do I Submit a Public Record Request in Vermont?
In Vermont, public agencies are required to designate a records officer or liaison to handle public records requests. To submit a request, you may contact the records officer of the relevant agency that maintains the records you are seeking. Contact information for these officials is usually available on the agency's official website.
How Do I Request Public Records in Vermont?
You may request public records in Vermont by taking the following steps:
- Identify the agency that keeps the required record.
- Contact the agency's Records Officer.
- Submit your request. This may be done in person, by mail, by fax, by email, or by online forms, depending on the agency.
- Pay the prescribed fees.
- Await the agency's response
- If your request is denied, you may appeal to the head of the agency.
Many third-party websites provide online access to Vermont public records, making it easier to obtain these documents. However, it should be noted that the records available on these websites may not always be up-to-date.
What Records are Public in Vermont?
There are various types of public records in Vermont. Common examples include:
- Vital Records: Examples include birth certificates and records, death certificates and records, marriage certificates and records, and divorce certificates and records.
- Law Enforcement Records: These comprise criminal records, arrest records, inmate records, incident reports, and sex offender records. However, certain law enforcement records may be exempt from public disclosure to protect sensitive information. Thus, each request is evaluated to determine if the record can be released without compromising investigations, privacy, or security.
- Property Records: Examples include property tax records, land use permits, deeds, and mortgages.
- Judicial/Court Records: These include case files, court orders, bankruptcy filings, judgments, and hearing calendars. Note that Vermont case files include records generated across the state's trial court system, which consists of the Superior Court, Supreme Court, and the United States Bankruptcy Court for the District of Vermont.
- Government Financial Records: Examples include budgets, expenditure reports, contracts, and audit reports.
Who Can Request Public Records in Vermont?
According to the Vermont Public Record Act, any person has the right to inspect and request copies of public records. The term "person," as used in this law, refers to any natural person, corporation, municipality, the State of Vermont, or any department, agency, or subdivision of the state, as well as any partnership, unincorporated association, or other legal entity.
What Is the Response Time for Public Records Requests in Vermont?
Records custodians are required to produce the requested record(s) within 3 business days of receiving the request or after a reversal on appeal by the head of the agency. However, the timeline for processing a request is determined by various criteria, including the request's completeness, the agency's custody of the information, and the payment of all necessary fees.
If a records custodian is unable to meet the required deadline, they must promptly send a written notice to the requester, explaining the reason for the delay and providing a reasonable estimate of when the records will be available. The estimated timeframe must fall within a specified period.
What Is the Fee Charged for Providing Copies of Public Records?
In Vermont, record custodians do not charge a fee for the inspection of public records, but they may charge reasonable fees to cover the cost of providing copies of public records. These fees may include costs for photocopying, mailing, faxing, or electronically transmitting records, as well as additional staff time spent searching, retrieving, and redacting information after the first 30 minutes.
The fee for photocopying is generally $0.05 per single-sided page and $0.09 per double-sided page for standard sizes up to 8.5 by 14 inches. Additional fees may apply depending on the number of copies requested and the format in which the records are provided.
What Records Are Exempted Under the Vermont Public Law?
Certain records, or information contained in the record, are deemed exempt from disclosure under Vermont's Public Record Act. These exempt records are outlined in V.S.A. Title 1, Chapter 5, Section 317(c), and they include:
- Personal individual information, including medical or psychological data, financial details, and any data that may result in identity theft or an unwarranted invasion of privacy
- Law enforcement and investigatory records that may disrupt enforcement proceedings, deprive a person of a fair trial and disclose confidential investigative techniques
- Trade secrets and confidential business information
- Preliminary drafts and deliberative processes
- Unpublished academic research, library patron records, and circulation details
- Infrastructure and security plans, vulnerability assessments, and emergency response protocols.