HomeMy Public PortalAboutResolution 21-90 Adopting a public record policyCITY OF McCALL
'RESOLUTION 21-90
PUBLIC RECORDS POLICY
A RESOLUTION OF THE CITY OF MCCALL, IDAHO
ADOPTING A PUBLIC RECORDS POLICY.
WHEREAS, the City of McCall, Idaho originates and maintains
records of public interest.
WHEREAS, the Idaho Public Records Act,, enacted on July 1,
1990, set down requirements whereby certain records must
be disclosed and otherwise made available to persons
requesting them.
WHEREAS, the Mayor and Council of the City of McCall, Idaho
have identified a need to issue specific instructions to
the city staff to properly implement the Idaho Public
Records Act.
NOW THEREFORE BE RESOLVED, by the Mayor and Council of
McCall, Idaho, as follows:
Section 1: That "Public Records Policy" attached hereto and
hereby made a part of their resolution be, and it is hereby
adopted,
Section 2: That the City Clerk be, and he is hereby
directed to implement this policy in the City of McCall.
Jo J . All n
Mayor
ATTEST:
A"thur J. Schmidt
City Cler
CITY OF MCCALL
PUBLIC RECORDS POLICY
INTRODUCTION
Effective July 1, 1990, Idaho has a new law relating to
the disclosure of information by all state and local
government entities. The Idaho Public Records Act is found
at Idaho Code Sections 9-337 through 9-348. The intent of
this law is that all records maintained by public agencies
are open to the public for inspection and copying at all
reasonable times, unless the information is specifically
exempted from disclosure by law.
DEFINITIONS
Key terms are defined in the Act. Some of the law's most
important concepts are:
1. Public records - These include, but are not limited to
any writing containing information relating to the conduct or
administration of the public's business, prepared, owned,
used or retained by a public agency. "Writing" means
information maintained in many forms, including, for example
pictures, maps, magnetic tapes, magnetic or punched cards,
and computer disks.
2. Inspect - This means the right to listen, view, and
make notes of public records, as long as the public record is
not altered or damaged.
3. Copy - This means transcribing by handwriting,
photocopying, duplicating machine, and reproducing by any
other means, so long as the public record is not altered or
damaged.
4. Custodian - This means any public official or employee
having physical custody and control of the public records,
including those who respond to requests for information on a
routine basis. "Custodian" also includes the person, whether
elected or appointed, who is legally responsible for
administering the public agency, or that person's designee.
"Designated custodians" are those employees authorized to
perform specific responsibilities that are described in this
policy, including denying requests for information when
appropriate to do so.
.f
DESIGNATE CUSTODIANS
The following persons are the designated custodians for
the City of McCall:
Arthur J. Schmidt, City Clerk
EXEMPTIONS
The records exempt from disclosure by this Act are listed
in Idaho Code Section 9-340. A11 employees should be aware
of the following exemptions that apply to this agency:
Records relating to the appraisal of real property,
timber, or mineral rights prior to its acquisition, sale
or lease by a public agency. [9-340(6) I.C.]
Investigatory records of a law enforcement agency, as
defined in Section 9-337(5), Idaho Code, under the
conditions set forth in section 9-335, Idaho Code.
[9-340(22) I.C.]
Records contained in court files of judicial proceedings,
the disclosure of which is prohibited by or under rules
adopted by the Idaho supreme court, but only to the extent
that confidentiality is provided under such rules, and any
drafts or other working memoranda related to judicial
decision making. [9-340(29) I.C.]
Personnel Information
The employment history, classification, pay grade and
step, longevity, gross salary and salary history, status,
work place and employing agency of any current or former
employee are required to be disclosed to any person who
requests the information. [9-340(36)I.C.]
All other information relating to an employee or
applicant, such as home address and phone number, shall
not be disclosed to the public without written consent of
the employee, applicant or designated representative.
Employees may inspect and copy their own records, except
for material used to test and screen for employment.
[9-340(36) I.C.]
" 1 ,
Records may contain both exempt and non-exempt material.
the public agency is responsible for separating the exempt
from the non-exempt information and supplying the non-exempt
record. The Act prohibits denying access based upon the fact
that the record contains both types of materials.
Even if an exemption applies to record, the law allows
disclosure of statistical information that does not identify
any particular person.
PROCEDURE FOR REQUESTING PUBLIC RECORDS
It is this agency's policy to continue providing access to
and copies of records immediately upon request whenever
possible. Examination of records should be done during
normal working hours, unless the person who administers the
agency or a designated custodian authorizes otherwise. A
certified copy, if feasible to produce or required by law,
must be provided upon request.
The law prohibits asking why the information is needed.
It is permissible to explain what records are available and
to help identify the material that is desired. It is also
permissible to allow the person to examine non-exempt files
in order to select the specific records needed. Staff must
maintain vigilance to see that records are destroyed, but the
law prohibits examination of any copy, photograph or notes in
the person's possession.
Whenever information is requested, ask the person to
fill out a written request form. A request form is
illustrated as annex A.
A request for records must be granted or denied within
three (3) working days.
If a longer time is needed to locate or retrieve the
records, ask for a written request. The person in this
agency who is authorized to determine that a request cannot
be granted within three working days is a designated
custodian. The request must be granted or denied in whole or
part within ten (10) working days. If no answer is provided
within ten (10) working days, the request will be deemed to
have been denied.
COSTS FOR PROVIDING PUBLIC RECORDS
A fee will be charged for each photocopy provided.
The act does not require the agency to provide multiple
copies of the same document.
The fee charged for locating or copying a public record
cannot include any administrative or labor costs. The Act
does permit public agencies to charge for actual cost of
copying records. This agency's cost of standard photocopies
is currently five (5) cents per page.
Advance payment for copies will only be required if the
charges are not minimal, that is, $25.00 or more.
The fee charged for providing information in the form of
computer tapes, disks, microfilm or similar record media may
not exceed the amount of the direct cost of copying. If the
information is also available in publication form, the agency
may offer the published material to the individual at the
standard cost of selling the publication.
When necessary, a designated custodian may authorize
examination of records to be done outside of regular working
hours. If this is done, advance payment of reasonable
compensation for this added expense may be required.
If there is a request to mail copies of documents to
someone and the mailing cost is in excess of $1.00, ask for a
written request, advance payment, and a stamped,
self-addressed envelope large enough for the number of
copies.
The designated custodian or person who administers the
agency may choose to allow staff, as time permits, to
transmit no more than five (5) pages of records by FAX, with
the understanding that the person requesting the records will
pay the telecommunications charges if they are not minimal.
INSPECTION AND CORRECTION OF AN INDIVIDUALS RECORDS
After providing identification, an individual may inspect,
copy and request correction of public records pertaining to
that person, except those portions of records that are exempt
from disclosure. A correction, or a written refusal to make
the correction, must be made within ten (10) calendar days.
Refer these requests to the designated custodian immediately.
Subsection (3) of Section 9-342 prohibits access to
certain records pertaining to oneself, if the information:
relates to exempt investigatory records of ongoing
investigations; "is otherwise discoverable"; relates to
adoption records; or "is otherwise exempt from the disclosure
by statute."
DENIAL OF REQUEST
If there is any doubt about whether information should be
disclosed, ask for a written request and immediately direct
it to a designated custodian. It is this city's policy that
such a request shall be reviewed by the city attorney.
If a request for a record is denied in whole or in part,
the Act requires the person who administers the agency or a
designated custodian to notify the person in writing. This
notice shall state that (1) the attorney for the agency has
reviewed the request, or that the agency had the opportunity
to consult with an attorney and has chosen not to do so; (2)
the statutory basis for the denial; (3) a simple statement of
the right to appeal and the time limit for appeal; and (4) a
certificate of mailing. ( A sample letter denying requested
information is contained in Annex B_.)
If a request to correct an individual's record is denied,.
written notification is required within ten (10) calendar
days of the receipt of the request. The notice of refusal to
amend a record must state the reasons for the refusal, and
provide the statement of appeal rights and certificate of
mailing above.
The time limit for filing for an appeal is 180 days from
the date the notice of denial is mailed. The sole remedy for
protesting the public agency's decision is to file a petition
in the district court of the county where the records or some
part of them are located, requesting the court to compel the
agency to make the information available or to correct the
record.
If a request is denied, the requested records must be
retained until the end of the appeal period, until there has
been a decision on an appeal, or as otherwise provided by
law, whichever is. longer. Whenever a request is denied,
there must be some indication made on the record that it
shall not be purged without the approval of the person who
administers the agency or a designated custodian.
t
t
PENALTY AND IMMUNITY
The law provides a penalty of up to $1,000 for a deliberate
bad faith denial of information that should be disclosed. It
also provides immunity from liability for the release of
records as long as there is a good faith attempt to comply
with the law's requirements. Therefore, it is important to
refer immediately any questions or any requests that seem
doubtful to the person who administers the agency or a
designated custodian.
ANNEX A
REQUEST FOR PUBLIC RECORDS
I request to examine [ ]
copy [ ] the following records:
Name (Please Print)
Zip
Date of Request
Daytime Phone Number
Date Received
Initial if
Applicable
Received by
[Public Agency]
More than three working days are needed to
locate or retrieve the requested records. A
response shall be provided within ten (10)
working days of the request.
Payment received for copies:
Amount Received
Receipt Number
ANNEX B
Sample letter denying requested information
To:
Re: Request for Information
Dear:
On , I received your request for
Section 9-340 ( ) of the Idaho public records law
provides:
•
To the extent that your request involves records that are
exempt from disclosure under this section, the request is
denied.
You have 180 days from the date of this mailing indicated
below in which to protest this decision. You have the right
to file a petition in the district court of the county where
the records, or some part of them, are located, requesting
the court to compel disclosure of the information. The court
will set a time for our response and for a hearing at the
earliest possible time, not later than twenty-eight days
after the petition is filed.
I regret that we could not accommodate your request.
Very truly yours,
Designated Custodian
This request has been reviewed by
our attorney.
Approved:
(signature of attorney)
Though I have had an opportunity to have this request
reviewed by an attorney, I have chosen not to do so
because the Idaho Public Records Law makes this
information exempt from disclosure.
I have consulted with our attorney,
by telephone. [cc: attorney]
r
ANNEX C
(Model one -page procedure to post above copier, if desired)
PROCEDURE FOR COPYING RECORDS
1. If someone requests information or a copy of a record, a
written request is necessary when [whatever the agency's
policy is].
2. Determine if the record may be made available for public
inspection and copying. Do not ask why the individual wants
the information.
The Idaho public records law requires the disclosure of the
following:
Personnel Information - employment history, classifica-
tion, pay grade and step, longevity, gross salary,
salary history, workplace, and employing agency.
Current or former employees, or their authorized
representatives, may inspect and copy their own person-
nel records, except for materials used to screen and
test for employment.
3. If you think the information is exempt from disclosure,
if voluminous records are requested, or you have any doubt
about whether the information can be disclosed, immediately
refer the request to the following individuals:
4. Charge 5 cents per page and give money to the
receptionist.
CERTIFICATE OF MAILING
I hereby certify that the original of this letter was
deposited in the United States mail, postage prepaid, this
day of , 199.
STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
JIMJONES BOISE 83720 TELEPHONE
ATTORNEY GENERAL (208)334-2400
September 11, 1990
Dear Public Official:
The Idaho Public Records Act, which went into effect on July
1, deserves careful consideration by those who serve the public.
It sets the ground rules for release of government information to
the public. It specifies the .types of documents exempt from
disclosure, while setting a simple, uniform procedure for
examining and copying documents. It was designed to strike a
balance between the right of citizens to have access to public
documents and the necessity to maintain the confidentiality of
certain categories of sensitive records.
Because ofthe important implications of this law for public
employees, my staff has prepared a model policy to assist public
entities in implementing it. A copy of the model policy is
attached: It should -be adaptable for public agencies at all
levels of government and I would encourage you toproceed with
its adoption for your agency. I hope it provides the guidance
you need to insure timely compliance with the Idaho Public
Records Act.
JTJ/tg
Sincere
Ikk
JON
TORN + ENERAL
AHO
_ 1890•CENTENNIAL•1990"
"
C I T Y O F M c C A L L
R E S O L U T I O N 2 1 - 9 0
P U B L I C R E C O R D S P O L I C Y
A R E S O L U T I O N O F T H E C I T Y O F M c C A L L , I D A H O
A D O P T I N G A P U B L I C R E C O R D S P O L I C Y .
W H E R E A S , t h e C i t y o f M c C a l l , I d a h o o r i g i n a t e s a n d m a i n t a i n s
r e c o r d s o f p u b l i c i n t e r e s t .
W H E R E A S , t h e I d a h o P u b l i c R e c o r d s A c t , e n a c t e d o n J u l y 1 ,
1 9 9 0 , s e t d o w n r e q u i r e m e n t s w h e r e b y c e r t a i n r e c o r d s m u s t
b e d i s c l o s e d a n d o t h e r w i s e m a d e a v a i l a b l e t o p e r s o n s
r e q u e s t i n g t h e m .
W H E R E A S , t h e M a y o r a n d C o u n c i l o f t h e C i t y o f M c C a l l , I d a h o
b e c i f i c i n s t r u c t i o n s t o
a n e n t t h e I d a h o P u b l i c
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f r o m
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G a r
C I T Y O F M c C A L L
P . O . B o x 1 0 6 5
M c C a l l , I D 8 3 6 3 8
( 2 0 8 ) 6 3 4 - 7 1 4 2
, M a y o r a n d C o u n c i l o f
i c y " a t t a c h e d h e r e t o a n d
o n b e , a n d i t i s h e r e b y
b e , a n d h e i s h e r e b y
t h e C i t y o f M c C a l l .
J . A l l e n
CITY OF McCALL
PUBLIC RECORDS POLICY
INTRODUCTION
Effective July 1, 1990, Idaho has a new law relating to
the disclosure of information by all state and local
government entities. The Idaho Public Records Act is found.
at Idaho Code Sections 9-337 through 9-348. The intent of
this law is that all records maintained by public agencies
are open to the public for inspection and copying at all
reasonable times, unless the information is specifically
exempted from disclosure by law.
DEFINITIONS
Key terms are defined in the Act. Some of the law's most
important concepts are:
1. Public records - These include, but are not limited to
any writing containing information relating to the conduct or
administration of the public's business, prepared, owned,
used or retained by a public agency. "Writing" means
information maintained in many forms, including, for example
pictures, maps, magnetic tapes, magnetic or punched cards,
and computer disks.
2. Inspect - This means the right to listen, view, and
make notes of public records, as long as the public record is
not altered or damaged.
3. Copy - This means transcribing by handwriting,
photocopying, duplicating machine, and reproducing by any
other means, so long as the public record is not altered or
damaged.
'4. Custodian - This means any public official or employee
having physical custody and control of the public records,
including those who respond to requests for information on a
routine basis. "Custodian" also includes the person, whether
elected or appointed, who is legally responsible for
administering the public agency, or that person's designee.
"Designated custodians" are those employees authorized to
perform specific responsibilities that are described in this
policy, including denying requests for information when
appropriate to do so.
DESIGNATE CUSTODIANS
The following persons are the designated custodians for
the City of McCall:
Arthur J. Schmidt, City Clerk
EXEMPTIONS
The records exempt from disclosure by this Act are listed
in Idaho Code Section 9-340. All employees should be aware
of the following exemptions that apply to this agency:
Records relating to the appraisal of real property,
timber, or mineral rights prior to its acquisition, sale
or lease by a public agency. [9-340(6) I.C.]
Investigatory records of a law enforcement agency, as
defined in Section 9-337(5), Idaho Code, under the
conditions set forth in section 9-335, Idaho Code.
[9-340(22) I.C.]
Records contained in court files of judicial proceedings,
the disclosure of which is prohibited by or under rules
adopted by the Idaho supreme court, but only to the extent
that confidentiality is provided under such rules, and any
drafts or other working memoranda related to judicial
decision making. [9-340(29) I.C.]
Personnel Information
The employment history, classification, pay grade and
step, longevity, gross salary and salary history, status,
work place and employing agency of any current or former
employee are required to be disclosed to any person who
requests the information. [9-340(36)I.C.]
All other information relating to an employee or
applicant, such as home address and phone number, shall
not be disclosed to the public without written consent of
the employee, applicant or designated representative.
Employees may inspect and copy their own records, except
for material used to test and screen for employment.
[9-340(36) I.C.]
Records may contain, both exempt and non-exempt material.
the public agency is responsible for separating the exempt
from the non-exempt information and supplying the non-exempt
record. The Act prohibits denying access based upon the fact
that the record contains both types of materials.
Even if an exemption applies to record, the law allows
disclosure of statistical information that does not identify
any particular person.
PROCEDURE FOR REQUESTING PUBLIC RECORDS
It is this agency's policy to continue providing access to
and copies of records immediately upon request whenever
possible. Examination of records should be done during
normal working hours, unless the person who administers the
agency or a designated custodian authorizes otherwise. A
certified copy, if feasible to produce or required by law,
must be provided upon request.
The law prohibits asking why the information is needed.
It is permissible to explain what records are available and
to help identify the material that is desired. It is also
permissible to allow the person to examine non-exempt files
in order to select the specific records needed. Staff must
maintain vigilance to see that records are not destroyed, but
the law prohibits examination of any copy, photograph or
notes in the person's possession.
Whenever information is requested, ask the person to
fill out a written request form. A request form is
illustrated as annex A.
A request for records must be granted or denied within
three (3) working days.
If a longer time is needed to locate or retrieve the
records, ask for a written request. The person in this
agency who is authorized to determine that a request cannot
be granted within three working days is a designated
custodian. The request must be granted or denied in whole or
part within ten (10) working days. If no answer is provided
within ten (10) working days, the request will be deemed to
have been denied.
COSTS FOR PROVIDING PUBLIC RECORDS
A fee will be charged for each photocopy provided.
The act does not require
copies of the same document.
The fee charged for loca
cannot include any administ
does permit public agencie
copying records. This agent
is currently five (5) cents
Advance payment for copi
charges are not minimal, tha
The fee charged for prov
computer tapes, disks, micrc
not exceed the amount of the
information is also availabl
may offer the published ma
standard cost of selling the
When necessary, a desk
examination of records to bE
hours. If this is done,
compensation for this added
If there is a request ;
someone and the mailing cost
written request, advan
self-addressed envelope 1
copies.
The designated custodia:
agency may choose to all(
transmit no more than five (.
the understanding that the p
pay the telecommunications c
INSPECTION AND.CORRECTI
After providing identific
copy and request correction
that person, except those po
from disclosure. A correcti
the correction, must be mad
Refer these requests to the
Subsection (3) of Sect
certain records pertaining
relates to exempt inves
le agency to provide multiple
1g or copying a public record
Ave or labor costs. The Act
:o charge for actual cost of
; cost of standard photocopies
page.
will only be required if the
s, $25.00 or more.
ng information in the form of
_m or similar record media may
i_rect cost of copying. If the
n publication form, the agency
ial to the individual at the
blication.
ted custodian may authorize
)ne outside of regular working
rance payment of reasonable
ense may be required.
nail copies of documents to
in excess of $1.00, ask for a
payment, and a stamped,
re enough for the number of
r person who administers the
staff, as time permits, to
pages of records by FAX, with
on requesting the records will
ges if they are not minimal.
OF AN INDIVIDUAL'S RECORDS
on, an individual may inspect,
public records pertaining to
ons of records that are exempt
or a written refusal to make
ithin ten (10) calendar days.
ignated custodian immediately.
9-342 prohibits access to
oneself, if the information:
story records of ongoing
investigations; "is otherl,
adoption records; or "is oth
by statute."
DENIAL
If there is any doubt abc
disclosed, ask for a writte_
it to a designated custodiar
such a request shall be revi,
If a request for a recorc
the Act requires the person
designated custodian to not
notice shall state that (1)
reviewed the request, or the
to consult with an attorney
the statutory basis for the
the right to appeal and the
certificate of mailing. ( A
information is contained in .
If a request to correct
written notification is re(
days of the receipt of the r
amend a record must state t
provide the statement of a;
mailing above.
The time limit for filing
the date the notice of denia
protesting the public agency
in the district court of the
part of them are located, re
agency to make the informat
record.
If a request is denied,
retained until the end of tr
been a decision on an appez
law, whichever is longer.
there must be some indicat
shall not be purged without
administers the agency or a
a discoverable"; relates to
ise exempt from the disclosure
REQUEST
whether information should be
aquest and immediately direct
It is this city's policy that
d by the city attorney.
denied in whole or in part,
D administers the agency or a
the person in writing. This
a attorney for the agency has
:he agency had the opportunity
has chosen not to do so; (2)
ial; (3) a simple statement of
ie limit for appeal; and (4) a
nple letter denying requested
ax B.)
ndividual's record is denied,
=ed within ten (10) calendar
ast. The notice of refusal to
reasons for the refusal, and
31 rights and certificate of
pr an appeal is 180 days from
mailed. The sole remedy for
decision is to file a petition
inty where the records or some
sting the court to compel the
available or to correct the
e requested records must be
ppeal period, until there has
or as otherwise provided by
enever a request is denied,
made on the record that it
e approval of the person who
ignated custodian.
PENALTY AND IMMUNITY
The law provides a penalty of up to $1,000 for a deliberate
bad faith denial of information that should be disclosed. It
also provides immunity from liability for the release of
records as long as there is a good faith attempt to comply
with the law's requirements. Therefore, it is important to
refer immediately any questions or any requests that seem
doubtful to the person who administers the agency or a
designated custodian.
ANNEX A
REQUEST FOR.PUBLIC RECORDS
I request to examine [ ]
copy [ ] the following records:
Name (Please Print)
Zip
Date of Request
Daytime Phone Number
Date Received
Initial if
Applicable
Received by
[Public Agency]
More than three working days are needed to
locate or retrieve the requested records. A
response shall be provided within ten (10)
working days of the request.
Payment received for copies:
Amount Received
Receipt Number
ANNEX B
Sample letter denying requested information
To:
Re: Request for Information
Dear:
On , I received your request for
Section 9-340 ( ) of the Idaho public records law
provides:
To the extent that your request involves records that are
exempt from disclosure under this section, the request is
denied.
You have 180 days from the date of this mailing indicated
below in which to protest this decision. You have the right
to file a petition in the district court of .the county where
the records, or some part of them, are located, requesting
the court to compel disclosure of the information. The court
will set a time for our response and for a hearing at the
earliest possible time, not later than twenty-eight days
after the petition is filed.
I regret that we could not accommodate your request.
Very truly yours,
Designated Custodian
[ ] This request has been reviewed by ,
our attorney.
Approved:
(signature of attorney)
Though I have had an opportunity to have this request
reviewed by an attorney, I have chosen not to do so
because the Idaho Public Records Law makes this
information exempt from disclosure.
I have consulted with our attorney,
by telephone. [cc: attorney]
CERTIFICATE OF MAILING
I hereby certify that the original of this letter was
deposited in the United States mail, postage prepaid, this
day of , 199_e
ANNEX C
(Model one -page procedure to post above copier, if desired)
PROCEDURE FOR COPYING RECORDS
1. If someone requests information or a copy of a record, a
written request is necessary when [whatever the agency's
policy is].
2. Determine if the record may be made available for public
inspection and copying. Do not ask why the individual wants
the information.
The Idaho public records law requires the disclosure of the
following:
Personnel Information - employment history, classifica-
tion, pay grade and step, longevity, gross salary,
salary history, workplace, and employing agency.
Current or former employees, or their authorized
representatives, may inspect and copy their own person-
nel records, except for materials used to screen and
test for employment.
3. If you think the information is exempt from disclosure,
if voluminous records are requested, or you have any doubt
about whether the information can be disclosed, immediately
refer the request to the following individuals:
4. Charge 5 cents per page and give money to the
receptionist.
PHOTOCOPIER COST ANALYSIS WORKSHEET
MACHINE COST PER COPY:
Average copies per month =
Purchase Price =
Amortized Cost per month over copier life =
TOTAL MACHINE COST PER COPY =
MAINTENANCE & SUPPLY COSTS PER COPY:
Maintenance per copy
Supplies - Toner, Drums, etc.
Supplies - Paper
TOTAL COST OF SUPPLIES PER COPY
TOTAL COST PER COPY =
PHOTOCOPIER COST ANALYSIS EXAMPLE
MACHINE COST PER COPY:
Average copies per month = 44,695
Purchase Price = 11,995.00
Amortized Cost per month for 3 years = 333.19
TOTAL MACHINE COST PER COPY = 0.0075
MAINTENANCE & SUPPLY COSTS PER COPY:
Maintenance per copy = 0.0125
Supplies - Toner, Drums, etc. = 0.0055
Supplies - Paper = 0.0050
TOTAL COST OF SUPPLIES PER COPY = 0.0230
TOTAL COST PER COPY = 0.0305
IDAHO PUBLIC RECORDS LAW
MODEL POLICY
INTRODUCTION
Effective July 1, 1990, Idaho has .a new law relating to the
disclosure of information by all state and local government
entities. The Idaho Public Records Act is found at Idaho Code
Sections 9-337 through 9-348. The intent of this law is that all
records maintained by public agencies are open to the public for
inspection and copying at all reasonable times, unless the
information is specifically exempted from disclosure by law.
DEFINITIONS
Key terms are defined in the Act. Some of the law's most
important concepts are:
1. Public records - These include, but are not limited to, any
writing containing information relating to the conduct or
administration of the public's business, prepared, owned, used or
retained by a public agency. "Writing" means information
maintained in many forms, including, for example, pictures, maps,
tapes, magnetic or punched cards, and computer disks.
2. Inspect - This means the right to listen, view, and make
notes of public records, as long as the public record is not
altered or damaged.
3.. Copy - This means transcribing by handwriting, photo-
copying, duplicating machine, and reproducing by any other means,
so long as the public record is not altered or damaged.
4. Custodian - This means any public official or employee
having physical custody and control of the public records,
including those who respond to requests for information on a
routine basis. "Custodian" also includes the person, whether
elected or appointed, who is legally responsible for administering
the public agency, or that person's designee: "Designated
custodians" are those employees authorized to perform specific
responsibilities that are described in this policy, including
denying requests `for information when appropriate to do so.
DESIGNATED CUSTODIANS
The following persons are the designated custodians for this
agency:
EXEMPTIONS
The records exempt from disclosure by this Act are listed in
Idaho Code Section 9-340. All employees should be aware of the
following exemptions that apply to this agency:
[List exemptions that pertain to the public agency].
Personnel Information
The employment history, classification, pay grade and step,
longevity, gross salary and salary history, status, work
place and employing agency of any current or former
employee are required to be disclosed to any ,person who
requests the information.
All other information relating to an employee or applicant,
such as home address and phone number, shall not be
disclosed to the public without the written consent of the
employee, applicant or designated representative.
Employees may inspect and copy their own records, except
for material used to screen and test for employment.
Records may contain both exempt and non-exempt, material. The
public agency is responsible for separating the exempt from the
non-exempt information and supplying the non-exempt record. The
Act prohibits denying access based upon the fact that the record
contains both types of materials.
Even if an exemption applies to a record, the law allows
disclosure of statistical information that does not identify any
particular person.
PROCEDURE FOR REQUESTING PUBLIC RECORDS
It is this agency's policy to continue providing access to and
copies of records immediately upon request whenever possible.
Examination of records should be done during normal working hours,
unless the person who administers the agency or a designated
custodian authorizes otherwise. A certified copy, if feasible to
produce or required by law, must be provided upon request.
The law prohibits asking why the information is needed. It is
permissible to explain what records are available and to help
identify the material that is desired. It is also permissible to
allow the person to examine non-exempt files in order to select the
specific records needed. Staff must maintain vigilance to see that
records are not altered or destroyed, but the law prohibits
examination of any copy, photograph or notes in the person's
possession. 2
[The agency has the right to determine whether written
requests will be required. Choose:
a) A written request will not be required if the
information is routinely provided by this agency and is
.readily available. or
b) Whenever information is requested, ask the person
to fill out a written request form.]
A request for records must be granted or denied within three
(3) working days.
If a longer time is needed to locate or retrieve the records,
ask for a written request. The person in this agency who is
authorized to determine that a request cannot be granted within
three working days is [the custodian who receives the request,
or a designated custodian, or the person who administers the
agency] . The request must be granted or denied in whole or part
within ten (10) working days. If no answer is provided within ten
(10) working days, the request will be deemed to have been denied.
[Policy Decision:
Some agencies have considered keeping a log of requests. Given
legislative intent that there be free access to public records and
that such a log would itself be a public document, it may be
inappropriate to include any information identifying the person
making the request.]
COSTS FOR PROVIDING PUBLIC RECORDS
[The agency must determine whether a certain number of
copies will .be provided without charge. Choose:
a) Due to the cost of accounting for copying fees,
copies of numbers of records will be provided free
of charge. If the request is for a greater number of
records, copying fees will be. charged for all records
requested. or
b) A fee will be charged for each photocopy
provided.]
The Act does not require the agency to provide multiple copies
of the same document.
The fee charged for locating or copying a public record cannot
include any administrative or labor costs. The Act does permit
public agencies to charge for the actual cost of copying records.
This agency's cost of standard photocopies is currently five (5)
cents per page. [Note: Most agencies are finding that the actual
cost of photocopying averages about five cents. Insert a higher
copying fee only if that is the actual cost that can be justified.
3
In order to determine actual costs, use the cost per copy charges
to the agency if the agency pays another entity to do the copying.
If copying is done in-house, the cost includes the cost of all
supplies such as paper, toner and replaceable parts. To this add
the cost of the maintenance agreement. Supplies and maintenance
numbers should be calculated on a per copy basis. Finally, add the
capital outlay costs of the photocopier, amortized over the
expected life span to provide a monthly figure (divided by the
average number of copies per month). See the attached "photocopier
cost analysis example" and worksheet.
In addition, there is an exception for fees established by law,
such as Recorder's fees. If applicable, substitute the statutory
fee and citation for this,paragraph.]
[The agency must determine whether advance payment of
copying charges will be required. Choose:
a) Advance payment for copies will only be required
if the charges are not minimal, that is, $ or
more. or
b) Advance payment of the photocopying charges is
required.]
The fee charged for providing information in the form of
computer tapes, disks, microfilm or similar record media may not
exceed the amountof the direct cost of copying. [Note: It
appears to be legislative intent that ".direct cost" does not
include the regular wages of the computer operator who may be
providing these copies.] If the information is also available in
publication form, the agency may offer the published material to
the individual at the standard cost of selling the publication.
When necessary, [the custodian who receives the request, or a
designated custodian, or the person who administers the agency]
may authorize examination of records to be done outside of regular_
working hours. If this is done, advance payment of reasonable
compensation for this added expense [choose: (a) is (b) may be]
required.
If there is a request to mail copies of documents to someone
and the mailing cost is in excess of $ , ask for a.. written
request, advance payment, and a, stamped, self-addressed envelope
large. enough for the number of copies.
The designated custodian or person who administers the agency
may choose to allow staff, as time permits, to transmit a small
number of records by FAX, with the understanding that the person
requesting the records will pay the telecommunications charges if
they .are not minimal.
INSPECTION AND CORRECTION OF AN INDIVIDUAL'S RECORDS
After providing identification, an individual may inspect, copy
and request correction of public records pertaining to that person,
except those portions of records that are exempt from disclosure.
A correction, or a written refusal to make the correction, must be
made within ten (10) calendar days. Refer these requests to the
person who administers the agency or a designated custodian
immediately.
Subsection (3) of Section_9-342 prohibits access to certain
records pertaining to oneself, if the information: relates to
exempt investigatory records of ongoing investigations; "is
compiled in reasonable anticipation of litigation which is not
otherwise discoverable"; relates to adoption records; or "is
otherwise exempt from disclosure by statute."
DENIAL OF REQUEST
If there is any doubt about whether information should be
disclosed, ask for a written request and immediately direct it to
a designated custodian. It is this agency's policy that such a
request shall be reviewed by the agency's attorney.
If a request for a record is denied in whole or in part, the
Act requires the person who administers the agency or a designated
custodian to notify the person in writing. This notice shall state
that (1) the attorney for the agency has reviewed the request, or
that the agency had the opportunity to consult with an attorney and
has chosen not to do so; (2) the statutory basis for the denial;
(3) a simple statement of the right to appeal and the time limit
for appeal; and (4) a certificate of mailing. (See attached form.)
If a request to correct an individual's record is denied,
written notification is required within ten (10) calendar days of
the receipt of the request. The notice of refusal to amend a
record must state the reasons for the refusal, and provide the
statement of appealrights and certificate of mailing mentioned
above.
The time limit for filing an appeal is 180 days from the date
the notice of denial is mailed. The sole remedy for protesting the
public agency's decision is to file a petition in the district
court of the county where the records or some part of them are
located, requesting the court to compel the agency to make the
information available or to correct the record.
If a request is denied, the requested records must be retained
until the end of the appeal period, until there has been a decision
on an appeal, or as otherwise provided by law, whichever is longer.
Whenever a request is denied, there must be some indication made on
the record that it shall not be purged without the approval of the
person who administers the agency or a designated custodian.
5
PENALTY AND IMMUNITY
The law provides a penalty of up to.$1,000 for a deliberate,
bad faith denial of information that should be disclosed. It also
provides immunity from liability for the release of records as long
as there is a good faith attempt to comply with the law's require-
ments. Therefore, it is important to refer immediately any
questions or any requests that seem doubtful to the person who
administers the agency or a designated custodian.
6
C
Sample letter denying requested information
To:
Dear
Re: Request for Information
On (date) , I received your request for
Section 9-340( ) of the Idaho public records law provides:
•
To the extent that your .request involves records that are
exempt from disclosure under this section, the request is denied.
You have 180 days from the date of mailing indicated below in
which to protest this decision. You have the right to file a
petition in the district court of the county where the records, or
some part of them, are located, requesting the court to compel
disclosure of the information. The court will set a time for our
response and for a hearing at the earliest possible time, not later
than twenty-eight days after the petition is filed.
I regret that we could not accommodate your request.
Very truly yours,
Designated Custodian
This request has been reviewed by
our attorney.
Approved:
(signature of attorney)
Though I have had an opportunity to have this request reviewed
by an attorney, I have chosen not to do so because the Idaho
Public Records Law makes this information exempt from
disclosure.
[ ] I have .consulted with our attorney, , by
telephone. [cc: attorney]
CERTIFICATE'OF MAILING
I hereby certify that the original of this letter was
deposited in the United States mail, postage prepaid, this day
of , 199_
r ,
REQUEST FOR PUBLIC RECORDS
I request to examine [ ]
copy [ ] the following records:
Mailing Address:.
Name (Please Print)
Zip
>
Date of Request
Daytime Phone Number
Date Received
Initial if
Applicable
Received by
[Public Agency]
More than three working days are needed to locate
or retrieve the requested records. A response
shall be provided within ten (10) working days of
the request.
Payment received for copies:
Amount Received
Receipt Number
ANNEX A
REQUEST FOR PUBLIC RECORDS
i
I request to examine [ ]
copy [ ] the following records:
Name (Please Print)
Zip
Date of Request
Daytime Phone Number
Date Received
- Initial if
Applicable
Received by
[Public Agency]
More than three working days are needed to
locate or retrieve the requested records. A
response shall be provided within ten (10)
working days of the request.
Payment received for copies:
Amount Received
Receipt Number
,
(7
. rom:
CITY OF McCALL
P.01 Box 1065
McCall, Idaho 83638
- (208) 634-7142
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