§ 316. Access to public records and documents
(a) Any person may inspect or copy any public record of a public agency, as follows:
(1) For any agency, board, department, commission, committee, branch, instrumentality,
or authority of the State, a person may inspect a public record on any day other than
a Saturday, Sunday, or a legal holiday, between the hours of nine o’clock and 12 o’clock
in the forenoon and between one o’clock and four o’clock in the afternoon.
(2) For any agency, board, committee, department, instrumentality, commission, or authority
of a political subdivision of the State, a person may inspect a public record during
customary business hours.
(b) If copying equipment maintained for use by a public agency is used by the agency to
copy the public record or document requested, the agency may charge and collect from
the person requesting the copy the actual cost of providing the copy. The agency may
also charge and collect from the person making the request, the costs associated with
mailing or transmitting the record by facsimile or other electronic means. Nothing
in this section shall exempt any person from paying fees otherwise established by
law for obtaining copies of public records or documents, but if such fee is established
for the copy, no additional costs or fees shall be charged.
(c) Unless otherwise provided by law, in the following instances an agency may also charge
and collect the cost of staff time associated with complying with a request for a
copy of a public record: (1) the time directly involved in complying with the request
exceeds 30 minutes; (2) the agency agrees to create a public record; or (3) the agency
agrees to provide the public record in a nonstandard format and the time directly
involved in complying with the request exceeds 30 minutes. The agency may require
that requests subject to staff time charges under this subsection be made in writing
and that all charges be paid, in whole or in part, prior to delivery of the copies.
Upon request, the agency shall provide an estimate of the charge.
(d) The Secretary of State, after consultation with the Secretary of Administration, shall
establish the actual cost of providing a copy of a public record that may be charged
by State agencies. The Secretary shall also establish the amount that may be charged
for staff time, when such a charge is authorized under this section. To determine
“actual cost,” the Secretary shall consider the following only: the cost of the paper
or the electronic media onto which a public record is copied, a prorated amount for
maintenance and replacement of the machine or equipment used to copy the record, and
any utility charges directly associated with copying a record. The Secretary of State
shall adopt, by rule, a uniform schedule of public record charges for State agencies.
(e) After public hearing, the legislative body of a political subdivision shall establish
actual cost charges for copies of public records. The legislative body shall also
establish the amount that may be charged for staff time, when such a charge is authorized
under this section. To determine actual cost charges, the legislative body shall use
the same factors used by the Secretary of State. If a legislative body fails to establish
a uniform schedule of charges, the charges for that political subdivision shall be
the uniform schedule of charges established by the Secretary of State until the local
legislative body establishes such a schedule. A schedule of public records charges
shall be posted in prominent locations in the town offices.
(f) State agencies shall provide receipts for all monies received under this section.
Notwithstanding any provision of law to the contrary, a State agency may retain monies
collected under this section to the extent such charges represent the actual cost
incurred to provide copies under this subchapter. Amounts collected by a State agency
under this section for the cost of staff time associated with providing copies shall
be deposited in the General Fund, unless another disposition or use of revenues received
by that agency is specifically authorized by law. Charges collected under this section
shall be deposited in the agency’s operating account or the General Fund, as appropriate,
on a monthly basis or whenever the amount totals $100.00, whichever occurs first.
(g) A public agency having the equipment necessary to copy its public records shall utilize
its equipment to produce copies. If the public agency does not have such equipment,
nothing in this section shall be construed to require the public agency to provide
or arrange for copying service, to use or permit the use of copying equipment other
than its own, to permit operation of its copying equipment by other than its own personnel,
to permit removal of the public record by the requesting person for purposes of copying,
or to make its own personnel available for making handwritten or typed copies of the
public record or document requested.
(h) Standard formats for copies of public records shall be as follows: for copies in paper
form, a photocopy of a paper public record or a hard copy print-out of a public record
maintained in electronic form; for copies in electronic form, the format in which
the record is maintained. Any format other than the formats described in this subsection
is a nonstandard format.
(i) If an agency maintains public records in an electronic format, nonexempt public records
shall be available for copying in either the standard electronic format or the standard
paper format, as designated by the party requesting the records. If requested by the
party requesting the records, an agency may, but is not required to, provide copies
of public records in a nonstandard format, create a public record, or convert paper
public records to electronic format.
(j) A public agency may make reasonable rules to prevent disruption of operations, to
preserve the security of public records or documents, and to protect them from damage.
(k) Information concerning facilities and sites for the treatment, storage, and disposal
of hazardous waste shall be made available to the public under this subchapter in
substantially the same manner and to the same degree as such information is made available
under the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. chapter
82, subchapter 3, and the Federal Freedom of Information Act, 5 U.S.C. section 552 et seq. In the event of a conflict between the provisions of this subchapter and
the cited federal laws, federal law shall govern. (Added 1975, No. 231 (Adj. Sess.), § 1; amended 1987, No. 85, § 5, eff. June 9, 1987; 1995, No. 159 (Adj. Sess.), § 1; 2003, No. 158 (Adj. Sess.), § 4; 2011, No. 59, § 2; 2021, No. 157 (Adj. Sess.), § 12a, eff. July 1, 2022.)
§ 317. Definitions; public agency; public records and documents; exemptions
(a) As used in this subchapter:
(1) “Business day” means a day that a public agency is open to provide services.
(2) “Public agency” or “agency” means any agency, board, department, commission, committee,
branch, instrumentality, or authority of the State or any agency, board, committee,
department, branch, instrumentality, commission, or authority of any political subdivision
of the State.
(b) As used in this subchapter, “public record” or “public document” means any written
or recorded information, regardless of physical form or characteristics, which is
produced or acquired in the course of public agency business. Individual salaries
and benefits of and salary schedules relating to elected or appointed officials and
employees of public agencies shall not be exempt from public inspection and copying.
(c) The following public records are exempt from public inspection and copying:
(1) Records that by law are designated confidential or by a similar term.
(2) Records that by law may only be disclosed to specifically designated persons.
(3) Records that, if made public pursuant to this subchapter, would cause the custodian
to violate duly adopted standards of ethics or conduct for any profession regulated
by the State.
(4) Records that, if made public pursuant to this subchapter, would cause the custodian
to violate any statutory or common law privilege other than the common law deliberative
process privilege as it applies to the General Assembly and the Executive Branch agencies
of the State of Vermont.
(5)(A) Records dealing with the detection and investigation of crime, but only to the extent
that the production of such records:
(i) could reasonably be expected to interfere with enforcement proceedings;
(ii) would deprive a person of a right to a fair trial or an impartial adjudication;
(iii) could reasonably be expected to constitute an unwarranted invasion of personal privacy;
(iv) could reasonably be expected to disclose the identity of a confidential source, including
a state, local, or foreign agency or authority or any private institution that furnished
information on a confidential basis, and, in the case of a record or information compiled
by criminal law enforcement authority in the course of a criminal investigation or
by an agency conducting a lawful national security intelligence investigation, information
furnished by a confidential source;
(v) would disclose techniques and procedures for law enforcement investigations or prosecutions,
or would disclose guidelines for law enforcement investigations or prosecution if
such disclosure could reasonably be expected to risk circumvention of the law;
(vi) could reasonably be expected to endanger the life or physical safety of any individual.
(B) Notwithstanding subdivision (A) of this subdivision (5), records relating to management
and direction of a law enforcement agency; records reflecting the initial arrest of
a person, including any ticket, citation, or complaint issued for a traffic violation,
as that term is defined in 23 V.S.A. § 2302; and records reflecting the charge of a person shall be public.
(C) It is the intent of the General Assembly that in construing subdivision (A) of this
subdivision (5), the courts of this State will be guided by the construction of similar
terms contained in 5 U.S.C. § 552(b)(7) (Freedom of Information Act) by the courts of the United States.
(D) It is the intent of the General Assembly that, consistent with the manner in which
courts have interpreted subdivision (A) of this subdivision (5), a public agency shall
not reveal information that could be used to facilitate the commission of a crime
or the identity of a private individual who is a witness to or victim of a crime,
unless withholding the identity or information would conceal government wrongdoing.
A record shall not be withheld in its entirety because it contains identities or information
that have been redacted pursuant to this subdivision (D).
(6) A tax return and related documents, correspondence, and certain types of substantiating
forms that include the same type of information as in the tax return itself filed
with or maintained by the Vermont Department of Taxes or submitted by a person to
any public agency in connection with agency business.
(7) Personal documents relating to an individual, including information in any files maintained
to hire, evaluate, promote, or discipline any employee of a public agency; information
in any files relating to personal finances; medical or psychological facts concerning
any individual or corporation; provided, however, that all information in personnel
files of an individual employee of any public agency shall be made available to that
individual employee or his or her designated representative.
(8) Test questions, scoring keys, and other examination instruments or data used to administer
a license, employment, or academic examination.
(9) Trade secrets, meaning confidential business records or information, including any
formulae, plan, pattern, process, tool, mechanism, compound, procedure, production
data, or compilation of information that is not patented, which a commercial concern
makes efforts that are reasonable under the circumstances to keep secret, and that
gives its user or owner an opportunity to obtain business advantage over competitors
who do not know it or use it, except that the disclosures required by 18 V.S.A. § 4632 are not exempt under this subdivision.
(10) Lists of names compiled or obtained by a public agency when disclosure would violate
a person’s right to privacy or produce public or private gain; provided, however,
that this section does not apply to lists that are by law made available to the public,
or to lists of professional or occupational licensees.
(11) Student records, including records of a home study student; provided, however, that
such records shall be made available upon request under the provisions of the Federal
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, as may be amended.
(12) Records concerning formulation of policy where such would constitute a clearly unwarranted
invasion of personal privacy if disclosed.
(13) Information pertaining to the location of real or personal property for public agency
purposes prior to public announcement of the project and information pertaining to
appraisals or purchase price of real or personal property for public purposes prior
to the formal award of contracts thereof.
(14) Records that are relevant to litigation to which the public agency is a party of record,
provided all such matters shall be available to the public after ruled discoverable
by the court before which the litigation is pending, but in any event upon final termination
of the litigation.
(15) Records relating specifically to negotiation of contracts, including collective bargaining
agreements with public employees.
(16) Any voluntary information provided by an individual, corporation, organization, partnership,
association, trustee, estate, or any other entity in the State of Vermont, which has
been gathered prior to the enactment of this subchapter, shall not be considered a
public document.
(17) Records of interdepartmental and intradepartmental communications in any county, city,
town, village, town school district, incorporated school district, union school district,
consolidated water district, fire district, or any other political subdivision of
the State to the extent that they cover other than primarily factual materials and
are preliminary to any determination of policy or action or precede the presentation
of the budget at a meeting held in accordance with section 312 of this title.
(18) Records of the Office of Internal Investigation of the Department of Public Safety,
except as provided in 20 V.S.A. § 1923.
(19) Records relating to the identity of library patrons or the identity of library patrons
in regard to library patron registration records and patron transaction records in
accordance with 22 V.S.A. chapter 4.
(20) Information that would reveal the location of archaeological sites and underwater
historic properties, except as provided in 22 V.S.A. § 761.
(21) [Repealed.]
(22) [Repealed.]
(23) Any data, records, or information produced or acquired by or on behalf of faculty,
staff, employees, or students of the University of Vermont or the Vermont State Colleges
in the conduct of study, research, or creative efforts on medical, scientific, technical,
scholarly, or artistic matters, whether such activities are sponsored alone by the
institution or in conjunction with a governmental body or private entity, until such
data, records, or information are published, disclosed in an issued patent, or publicly
released by the institution or its authorized agents. This subdivision applies to,
but is not limited to, research notes and laboratory notebooks, lecture notes, manuscripts,
creative works, correspondence, research proposals and agreements, methodologies,
protocols, and the identities of or any personally identifiable information about
participants in research. This subdivision shall not exempt records, other than research
protocols, produced or acquired by an institutional animal care and use committee
regarding the committee’s compliance with State law or federal law regarding or regulating
animal care.
(24) Records of, or internal materials prepared for, the deliberations of any public agency
acting in a judicial or quasi-judicial capacity.
(25) Passwords, access codes, user identifications, security procedures, and similar information,
the disclosure of which would threaten the safety of persons or the security of public
property.
(26) Information and records provided to the Department of Financial Regulation by a person
for the purposes of having the Department assist that person in resolving a dispute
with any person regulated by the Department, and any information or records provided
by a person in connection with the dispute.
(27) Information and records provided to the Department of Public Service or the Public
Utility Commission by an individual for the purposes of having the Department or Commission
assist that individual in resolving a dispute with a utility regulated by the Department
or Commission, or by the utility or any other person in connection with the individual’s
dispute.
(28) Records of, and internal materials prepared for, independent external reviews of health
care service decisions pursuant to 8 V.S.A. § 4063 and of mental health care service decisions pursuant to 8 V.S.A. § 4064.
(29) The records in the custody of the Secretary of State of a participant in the Address
Confidentiality Program described in 15 V.S.A. chapter 21, subchapter 3, except as provided in that subchapter.
(30) All State-controlled database structures and application code, including the vermontvacation.com
website and Travel Planner application, which are known only to certain State departments
engaging in marketing activities and that give the State an opportunity to obtain
a marketing advantage over any other state, regional, or local governmental or nonprofit
quasi-governmental entity, or private sector entity, unless any such State department
engaging in marketing activities determines that the license or other voluntary disclosure
of such materials is in the State’s best interests.
(31) Records of a registered voter’s month and day of birth, driver’s license or nondriver
identification number, telephone number, email address, and the last four digits of
his or her Social Security number contained in a voter registration application or
the statewide voter checklist established under 17 V.S.A. § 2154 or the failure to register to vote under 17 V.S.A. § 2145a.
(32) With respect to publicly owned, managed, or leased structures, and only to the extent
that release of information contained in the record would present a substantial likelihood
of jeopardizing the safety of persons or the security of public property, final building
plans, and as-built plans, including drafts of security systems within a facility,
that depict the internal layout and structural elements of buildings, facilities,
infrastructures, systems, or other structures owned, operated, or leased by an agency
before, on, or after the effective date of this provision; emergency evacuation, escape,
or other emergency response plans that have not been published for public use; and
vulnerability assessments, operation, and security manuals, plans, and security codes.
For purposes of this subdivision, “system” shall include electrical, heating, ventilation,
air conditioning, telecommunication, elevator, and security systems. Information made
exempt by this subdivision may be disclosed to another governmental entity if disclosure
is necessary for the receiving entity to perform its duties and responsibilities;
to a licensed architect, engineer, or contractor who is bidding on or performing work
on or related to buildings, facilities, infrastructures, systems, or other structures
owned, operated, or leased by the State. The entities or persons receiving such information
shall maintain the exempt status of the information. Such information may also be
disclosed by order of a court of competent jurisdiction, which may impose protective
conditions on the release of such information as it deems appropriate. Nothing in
this subdivision shall preclude or limit the right of the General Assembly or its
committees to examine such information in carrying out its responsibilities or to
subpoena such information. In exercising the exemption set forth in this subdivision
and denying access to information requested, the custodian of the information shall
articulate the grounds for the denial.
(33) The account numbers for bank, debit, charge, and credit cards held by an agency or
its employees on behalf of the agency.
(34) Affidavits of income and assets as provided in 15 V.S.A. § 662 and Rule 4 of the Vermont Rules for Family Proceedings.
(35) [Repealed.]
(36) Anti-fraud plans and summaries submitted for the purposes of complying with 8 V.S.A. § 4750.
(37) Records provided to the Department of Health pursuant to the Patient Safety Surveillance
and Improvement System established by 18 V.S.A. chapter 43a.
(38) Records that include prescription information containing data that could be used to
identify a prescriber, except that the records shall be made available upon request
for medical research, consistent with and for purposes expressed in 18 V.S.A. § 4622 or 9410, 18 V.S.A. chapter 84 or 84A, and for other law enforcement activities.
(39) Records held by the Agency of Human Services or the Department of Financial Regulation,
which include prescription information containing patient-identifiable data, that
could be used to identify a patient.
(40) Records of genealogy provided in an application or in support of an application for
tribal recognition pursuant to chapter 23 of this title.
(41) Documents reviewed by the Victims Compensation Board for purposes of approving an
application for compensation pursuant to 13 V.S.A. chapter 167, except as provided by 13 V.S.A. §§ 5358a(b) and 7043(c).
(42) Except as otherwise provided by law, information that could be used to identify a
complainant who alleges that a public agency, a public employee or official, or a
person providing goods or services to a public agency under contract has engaged in
a violation of law, or in waste, fraud, or abuse of authority, or in an act creating
a threat to health or safety, unless the complainant consents to disclosure of his
or her identity.
(43) Records relating to a regulated utility’s cybersecurity program, assessments, and
plans, including all reports, summaries, compilations, analyses, notes, or other cybersecurity
information.
(44) Records held by the Office of Professional Regulation, Board of Medical Practice,
or another public agency that issues one or more licenses, certificates, or registrations
to engage in a State-regulated profession or occupation if the records contain the
telephone number, email address, physical address, or mailing address, or a combination
of these, of an individual who has applied for or has been granted a license, certificate,
or registration to practice a profession or occupation in this State, except that
the public agency shall disclose any address that the individual has designated as
a public address in the record.
(d)(1) On or before December 1, 2015, the Office of Legislative Counsel shall compile lists
of all Public Records Act exemptions found in the Vermont Statutes Annotated, one
of which shall be arranged by subject area, and the other in order by title and section
number.
(2) On or before December 1, 2019, the Office of Legislative Counsel shall compile a list
arranged in order by title and section number of all Public Records Act exemptions
found in the Vermont Statutes Annotated that are repealed or are narrowed in scope
on or after January 1, 2019. The list shall indicate:
(A) the effective date of the repeal or narrowing in scope of the exemption; and
(B) whether or not records produced or acquired during the period of applicability of
the repealed or narrowed exemption are to remain exempt following the repeal or narrowing
in scope.
(3) The Office of Legislative Counsel shall update the lists required under subdivisions
(1) and (2) of this subsection no less often than every two years. In compiling and
updating these lists, the Office of Legislative Counsel shall consult with the Office
of Attorney General. The lists and any updates thereto shall be posted in a prominent
location on the websites of the General Assembly, the Secretary of State’s Office,
the Attorney General’s Office, and the State Library and shall be sent to the Vermont
League of Cities and Towns.
(e)(1) For any exemption to the Public Records Act enacted or substantively amended in legislation
introduced in the General Assembly in 2019 or later, in the fifth year after the effective
date of the enactment, reenactment, or substantive amendment of the exemption, the
exemption shall be repealed on July 1 of that fifth year except if the General Assembly
reenacts the exemption prior to July 1 of the fifth year or if the law otherwise requires.
(2) Legislation that enacts, reenacts, or substantively amends an exemption to the Public
Records Act shall explicitly provide for its repeal on July 1 of the fifth year after
the effective date of the exemption unless the legislation specifically provides otherwise.
(f) Unless otherwise provided by law, a record produced or acquired during the period
of applicability of an exemption that is subsequently repealed or narrowed in scope
shall, if exempt during that period, remain exempt following the repeal or narrowing
in scope of the exemption. (Added 1975, No. 231 (Adj. Sess.), § 1; amended 1977, No. 202 (Adj. Sess.); 1979, No. 156 (Adj. Sess.), § 6; 1981, No. 227 (Adj. Sess.), § 4; 1989, No. 28, § 2; 1989, No. 136 (Adj. Sess.), § 1; 1995, No. 46, §§ 23, 58; 1995, No. 159 (Adj. Sess.), § 2; 1995, No. 167 (Adj. Sess.), § 29; 1995, No. 180 (Adj. Sess.), § 38; 1995, No. 182 (Adj. Sess.), § 21, eff. May 22, 1996; 1995, No. 190 (Adj. Sess.), § 1(a); 1997, No. 159 (Adj. Sess.), § 12, eff. April 29, 1998; 1999, No. 134 (Adj. Sess.), § 3, eff. Jan. 1, 2001; 2001, No. 28, § 9, eff. May 21, 2001; 2001, No. 76 (Adj. Sess.), § 3, eff. Feb. 19, 2002; 2001, No. 78 (Adj. Sess.), § 1, eff. Apr. 3, 2002; 2003, No. 59, § 1, eff. Jan. 1, 2006; 2003, No. 63, § 29, eff. June 11, 2003; 2003, No. 107 (Adj. Sess.), § 14; 2003, No. 146 (Adj. Sess.), § 6, eff. Jan. 1, 2005; 2003, No. 158 (Adj. Sess.), § 2; 2003, No. 159 (Adj. Sess.), § 12; 2005, No. 132 (Adj. Sess.), § 1; 2005, No. 179 (Adj. Sess.), § 3; 2005, No. 215 (Adj. Sess.), § 326; 2007, No. 80, § 18; 2007, No. 110 (Adj. Sess.), § 3; 2007, No. 129 (Adj. Sess.), § 2; 2009, No. 59, § 5; 2009, No. 107 (Adj. Sess.), § 5, eff. May 14, 2010; 2011, No. 59, § 3; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2011, No. 145 (Adj. Sess.), § 8, eff. May 15, 2012; 2013, No. 70, § 1; 2013, No. 129 (Adj. Sess.), § 1; 2013, No. 194 (Adj. Sess.), § 1, eff. June 17, 2014; 2015, No. 23, § 2; 2015, No. 29, §§ 2, 3, 6, 23; 2015, No. 30, § 3, eff. May 26, 2015; 2015, No. 80 (Adj. Sess.), § 6, eff. July 1, 2017; 2017, No. 50, § 5; 2017, No. 128 (Adj. Sess.), § 2, eff. May 16, 2018; 2017, No. 166 (Adj. Sess.), § 3, eff. Jan. 1, 2019; 2019, No. 31, § 16; 2021, No. 54, § 2; 2023, No. 3, § 59, eff. March 20, 2023; 2025, No. 11, § 3, eff. September 1, 2025; 2025, No. 20, § 2, eff. May 13, 2025.)
§ 318. Procedure
(a)(1) As used in this section, “promptly” means immediately, with little or no delay, and,
unless otherwise provided in this section, not more than three business days:
(A) from receipt of a request under this subchapter; or
(B) in the case of a reversal on appeal by a head of the agency pursuant to subsection
(c) of this section, from the date of the determination on appeal.
(2) A custodian or head of the agency who fails to comply with the applicable time limit
provisions of this section shall be deemed to have denied the request or the appeal
upon the expiration of the time limit.
(b) Upon request, the custodian of a public record shall promptly produce the record for
inspection or a copy of the record, 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 promptly certify this
fact in writing to the applicant and, in the certification, set a date and hour within
one calendar week of the request when the record will be available.
(2) If the custodian considers the record to be exempt from inspection and copying under
the provisions of this subchapter, the custodian shall promptly so certify in writing.
The certification shall:
(A) identify the records withheld;
(B) include the asserted statutory basis for denial and a brief statement of the reasons
and supporting facts for denial;
(C) provide the names and titles or positions of each person responsible for denial of
the request; and
(D) notify the person of his or her right to appeal to the head of the agency any adverse
determination.
(3) [Repealed.]
(4) If a record does not exist, the custodian shall promptly certify in writing that the
record does not exist under the name given to the custodian 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 section
may be extended by written notice to the person making the request setting forth the
reasons for the 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 business days from receipt of the request or, in the case of a reversal
on appeal by a head of the agency pursuant to subsection (c) of this section, from
the date of the determination on appeal. 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 that 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.
(c)(1) Any denial of access by the custodian of a public record may be appealed to the head
of the agency. The head of the agency shall make a written determination on an appeal
within five business days after the receipt of the appeal.
(2) If the head of the agency upholds the denial of a request for records, in whole or
in part, the written determination shall include:
(A) the asserted statutory basis for upholding the denial;
(B) a brief statement of the reasons and supporting facts for upholding the denial; and
(C) notification of the provisions for judicial review of the determination under section 319 of this title.
(3) If the head of the agency reverses the denial of a request for records, the records
shall be promptly made available to the person making the request.
(d) In responding to a request to inspect or copy a record under this subchapter, a public
agency shall consult with the person making the request in order to clarify the request
or to obtain additional information that will assist the public agency in responding
to the request and, when authorized by this subchapter, in facilitating production
of the requested record for inspection or copying. In unusual circumstances, as that
term is defined in subdivision (b)(5) of this section, a public agency may request
that a person seeking a voluminous amount of separate and distinct records narrow
the scope of a public records request.
(e) A public agency shall not withhold any record in its entirety on the basis that it
contains some exempt content if the record is otherwise subject to disclosure; instead,
the public agency shall redact the information it considers to be exempt and produce
the record accompanied by an explanation of the basis for denial of the redacted information.
(f) If a person making the request has a disability that requires accommodation to gain
equal access to the public record sought, the person shall notify the public agency
of the type of accommodation requested. The public agency shall give primary consideration
to the accommodation choice expressed by the requestor, but may propose an alternative
accommodation so long as it achieves equal access. The public agency shall provide
accommodation to the person making the request unless the agency can demonstrate that
accommodation would result in a fundamental alteration in the nature of its service,
programs, activities, or in undue financial and administrative burden.
(g) The Secretary of State shall provide municipal public agencies and members of the
public information and advice regarding the requirements of the Public Records Act
and may utilize informational websites, toll-free telephone numbers, or other methods
to provide such information and advice.
(h) The head of a State agency or department shall:
(1) designate the agency’s or department’s records officer described in 3 V.S.A. § 218, or shall designate some other person, to be accountable for overseeing the processing
of requests for public records received by the agency or department in accordance
with this section; and
(2) post on the agency’s or department’s website the name and contact information of the
person designated under subdivision (1) of this subsection. (Added 1975, No. 231 (Adj. Sess.), § 1; amended 2005, No. 132 (Adj. Sess.), § 2; 2007, No. 110 (Adj. Sess.), § 1; 2011, No. 59, § 4; 2017, No. 166 (Adj. Sess.), § 5; 2019, No. 14, § 1, eff. April 30, 2019.)