APPENDIX B |
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Public Records Act |
Article 2Public Records |
16-4-201. Definitions.
(a) As used in this act:
(i) "Custodian" means the official custodian or any
authorized person having personal custody and control of the public records in
question;
(ii) "Official custodian" means any officer or employee of the
state or any agency, institution or political subdivision thereof, who is
responsible for the maintenance, care and keeping of public records, regardless
of whether the records are in his actual personal custody and control;
(iii) "Person in interest" means the person who is the subject
of a record or any representative designated by the person, except if the
subject of the record is under legal disability, "person in interest"
means the parent or duly appointed legal representative;
(iv) "Political subdivision" means every county, city and
county, city, incorporated and unincorporated town, school district and special
district within the state;
(v) "Public records" when not otherwise specified includes
the original and copies of any paper, correspondence, form, book, photograph,
photostat, film, microfilm, sound recording, map drawing or other document,
regardless of physical form or characteristics that have been made by the state
of Wyoming and any counties, municipalities and political subdivisions thereof
and by any agencies of the state, counties, municipalities and political
subdivisions thereof, or received by them in connection with the transaction of
public business, except those privileged or confidential by law;
(vi) Public records shall be classified as follows:
(A) "Official public records" includes all original vouchers,
receipts and other documents necessary to isolate and prove the validity of
every transaction relating to the receipt, use and disposition of all public
property and public income from all sources whatsoever; all agreements and
contracts to which the state or any agency or subdivision thereof is a party;
all fidelity, surety and performance bonds; all claims filed against the state or
any agency or subdivision thereof; all records or documents required by law to
be filed with or kept by any agency or the state of Wyoming; and all other
documents or records determined by the records committee to be official public
records;
(B) "Office files and memoranda" includes all records,
correspondence, exhibits, books, booklets, drawings, maps, blank forms, or
documents not defined and classified in subparagraph (A) of this subsection as
official public records; all duplicate copies of official public records filed
with any agency of the state or subdivision thereof; all documents and reports
made for the internal administration of the office to which they pertain but
not required by law to be filed or kept with the office; and all other documents
or records, determined by the records committee to be office files and
memoranda.
(vii) "Writings" means all books, papers, maps, photographs,
cards, tapes, recordings or other documentary materials, regardless of physical
form or characteristics;
(viii) "This act" means W.S. 16‑4‑201 through 16-4-205.
16-4-202. Right
of inspection; rules and regulations; unavailability.
(a) All public records shall be open for inspection by any person at
reasonable times, except as provided in this act or as otherwise provided by
law, but the official custodian of any public records may make rules and
regulations with reference to the inspection of the records as is reasonably
necessary for the protection of the records and the prevention of unnecessary
interference with the regular discharge of the duties of the custodian or his
office.
(b) If the public records requested are not in the custody or control
of the person to whom application is made, the person shall forthwith notify
the applicant of this fact.
(c) If the public records requested are in the custody and control of
the person to whom application is made but are in active use or in storage, and
therefore not available at the time an applicant asks to examine them, the
custodian shall notify the applicant of this situation.
16-4-203. Right
of inspection; grounds for denial; access of news media; order permitting or
restricting disclosure.
(a) The custodian of any public records shall allow any person the
right of inspection of the records or any portion thereof except on one (1) or
more of the following grounds or as provided in subsection (b) or (d) of this
section:
(i) The inspection would be contrary to any state statute;
(ii) The inspection would be contrary to any federal statute or
regulation issued thereunder having the force and effect of law; or
(iii) The inspection is prohibited by rules promulgated by the supreme
court or by the order of any court of record.
(b) The custodian may deny the right of inspection of the following
records, unless otherwise provided by law, on the ground that disclosure to the
applicant would be contrary to the public interest:
(i) Records of investigations conducted by, or of intelligence
information or security procedures of, any sheriff, county attorney, city
attorney, the attorney general, the state auditor, police department or any
investigatory files compiled for any other law enforcement or prosecution
purposes;
(ii) Test questions, scoring keys and other examination data pertaining
to administration of a licensing examination and examination for employment or
academic examination. Written promotional examinations and the scores or
results thereof shall be available for inspection, but not copying or
reproduction, by the person in interest after the examination has been
conducted and graded;
(iii) The specific details of bona fide research projects being conducted
by a state institution;
(iv) Except as otherwise provided by Wyoming statutes or for the owner
of the property, the contents of real estate appraisals made for the state or a
political subdivision thereof, relative to the acquisition of property or any
interest in property for public use, until such time as title of the property
or property interest has passed to the state or political subdivision. The
contents of the appraisal shall be available to the owner of the property or
property interest at any time;
(v) Interagency or intraagency memoranda or letters which would not be
available by law to a private party in litigation with the agency.
(c) If the right of inspection of any record falling within any of the
classifications listed in this section is allowed to any officer or employee of
any newspaper, radio station, television station or other person or agency in
the business of public dissemination of news or current events, it may be
allowed to all news media.
(d) The custodian shall deny the right of inspection of the following
records, unless otherwise provided by law:
(i) Medical, psychological and sociological data on individual persons,
exclusive of coroners' autopsy reports;
(ii) Adoption records or welfare records on individual persons;
(iii) Personnel files except those files shall be available to the duly
elected and appointed officials who supervise the work of the person in
interest. Applications, performance ratings and scholastic achievement data
shall be available only to the person in interest and to the duly elected and
appointed officials who supervise his work. Employment contracts, working
agreements or other documents setting forth the terms and conditions of
employment of public officials and employees are not considered part of a
personnel file and shall be available for public inspection;
(iv) Letters of reference;
(v) Trade secrets, privileged information and confidential commercial,
financial, geological or geophysical data furnished by or obtained from any
person;
(vi) Library, archives and museum material contributed by private
persons, to the extent of any limitations placed thereon as conditions of the
contributions;
(vii) Hospital records relating to medical administration, medical staff,
personnel, medical care and other medical information, whether on individual
persons or groups, or whether of a general or specific classification;
(viii) School district records containing information relating to the
biography, family, physiology, religion, academic achievement and physical or
mental ability of any student except to the person in interest or to the
officials duly elected and appointed to supervise him;
(ix) Library circulation and registration records except as required for
administration of the library or except as requested by a custodial parent or
guardian to inspect the records of his minor child; and
(x) Information obtained through a 911 emergency telephone system
except to law enforcement personnel or public agencies for the purpose of
conducting official business, to the person in interest, or pursuant to a court
order.
(e) If the custodian denies access to any public record, the applicant
may request a written statement of the grounds for the denial. The statement
shall cite the law or regulation under which access is denied and shall be
furnished to the applicant.
(f) Any person denied the right to inspect any record covered by this
act may apply to the district court of the district wherein the record is found
for any order directing the custodian of the record to show cause why he should
not permit the inspection of the record.
(g) If, in the opinion of the official custodian of any public record,
disclosure of the contents of the record would do substantial injury to the
public interest, notwithstanding the fact that the record might otherwise be
available to public inspection, he may apply to the district court of the
district in which the record is located for an order permitting him to restrict
disclosure. After hearing, the court may issue an order upon a finding that
disclosure would cause substantial injury to the public interest. The person
seeking permission to examine the record shall have notice of the hearing
served upon him in the manner provided for service of process by the Wyoming
Rules of Civil Procedure and has the right to appear and be heard.
16-4-204. Right
of inspection; copies, printouts or photographs; fees.
(a) In all cases in which a person has the right to inspect and copy
any public records he may request that he be furnished copies, printouts or
photographs for a reasonable fee to be set by the official custodian. Where
fees for certified copies or other copies, printouts or photographs of the
record are specifically prescribed by law, the specific fees shall apply.
(b) If the custodian does not have the facilities for making copies,
printouts or photographs of records which the applicant has the right to
inspect, then the applicant shall be granted access to the records for the
purpose of making copies, printouts or photographs. The copies, printouts or
photographs shall be made while the records are in the possession, custody and
control of the custodian thereof and are subject to the supervision of the
custodian. When practical the copy work shall be made in the place where the
records are kept, but if it is impractical to do so, the custodian may allow arrangements
to be made for this purpose. If other facilities are necessary the cost of
providing them shall be paid by the person desiring a copy, printout or
photograph of the records. The official custodian may establish a reasonable
schedule of time for making copies, printouts or photographs and may charge a
reasonable fee for the services rendered by him or his deputy in supervising
the copying, printing out or photographing as he may charge for furnishing
copies under this section.
16-4-205. Penalty.
Any person who
willfully and knowingly violates the provisions of this act is guilty of a
misdemeanor and upon conviction thereof, shall be punished by a fine not to
exceed seven hundred fifty dollars ($750.00).