Idaho Public Records Act
From Sunshine Review
Contents |
The Idaho Public Records Act governs access to public documents in Idaho. The law was first enacted in 1990.
The Idaho Open Meeting Law legislates the methods by which public meetings are conducted.
[edit] Recent news
[edit] Transparency blocking
- Richert: Stimulus money should be discussed in the open
- Canyon County denies Kuna Melba News public records request
More transparency blocking news from across the country.
[edit] Litigation
No recent news. If you have news add it here
More FOIA litigation news from across the country.
[edit] Legislation
- Is that angry e-mail you wrote public record?
- Ketchum clarifies policy on records requests
- Washington, Idaho rank far apart on openness
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
[edit] Idaho's transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Idaho #44 in the nation with an overall percentage of 39.20%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Idaho 50 points out of a possible 100, a letter grade of "F", and a ranking of 24 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Idaho's law as the 25th worst in the country, giving it a letter grade of "C-".[3]
[edit] Features of the law
"Every person has a right to examine and take a copy of any public record of this state and there is a presumption that all public records in Idaho are open at all reasonable times for inspection"[4]
[edit] What records are covered?
According to the Public Records Act statute, all records are presumed to be open records.[5]
Exceptions that are included are:
- Court records that would result in the release of confidentiality[5]
- Law Enforcement investigations[5]
- Juvenile Records [5]
- Voting records of the sexual offender classification board[5]
- Records concerning discrimination investigations [5]
- Workers Compensation Records [5]
- Prisoner records [5]
- Current and Former public employees information, excluding "service or employment history, classification, pay grade and step, longevity, gross salary and salary history, status, workplace and employing agency" [5]
- Income tax information [5]
- Hospital and Medical care records [5]
- Idaho Housing and Finance Association [5]
- Voter Registration Cards [5]
- Records in the Address Confidentiality program [5]
- Trade Secrets including academic research [5]
- Archaeological records and endangered species locations [5]
- Draft Legislation records [5]
- Underwriting and claims records of the Idaho petroleum clean water trust fund[5]
- Judicial authorization of abortions for minors[5]
However, if a record contains both exempt and non-exempt information, departments are still required to release the non-exempt information[5]
[edit] What agencies are covered?
According to the Public Records Act all agencies that are considered part of the government of Idaho including both state and local agencies are covered with the exception of the state militia. [5]
[edit] Who may request records?
Any person may request public records in Idaho. "Every person has a right to examine and take a copy of any public record of this state" [6]
[edit] Must a purpose be stated?
The Idaho PRA does not require a purpose to be stated and further allows a degree of anonymity with the exception of preventing the records from being used for mailing lists.
[edit] How can records be used?
The only restriction on the use of open records is the creation of mailing or phoning lists.[5]
[edit] Time allowed for response
- See also: Request response times by state.
The PRA requires a department to respond within three business days to any request by either granting it or denying it. If the department feels that the request may take longer they may extend the time to ten days by notifying the person in writing[5].
[edit] Fees for records
Fees can include duplication costs whether paper or digital [5] as well as fees associated with cost of the staff time consumed by the search [5]
[edit] Open meetings
"The people of the state of Idaho in creating the instruments of government that serve them, do not yield their sovereignty to the agencies so created. Therefore, the legislature finds and declares that it is the policy of this state that the formation of public policy is public business and shall not be conducted in secret."[7]
[edit] Proposed changes
[edit] Changes in 2009
In 2009, Idaho lawmakers changed the Idaho Public Records Act (Idaho Code § 9-340). After the change, the code says that records relating to a retired law enforcement officer's application for a concealed weapons permits are exempt from disclosure. Records relating to concealed weapon permits for non-retired police officers were already exempt. The change means that records of retired police officers are now on a par with the records of any other applicant in the state.[8]
[edit] Relevant legal cases
[edit] Notable requests
[edit] See also
[edit] External links
[edit] References
- ↑ Integrity Index available for download here
- ↑ Graded state responsiveness to FOI requests, 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Idaho Statute Right to Examine
- ↑ 5.00 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 [http://www.legislature.idaho.gov/idstat/Title9/T9CH3.htm Idaho PRA 9-338-1.
- ↑ Idaho Statutes, 9-338
- ↑ Idaho Statute Formation of Public Policy at Open Meetings
- ↑ Idaho Press, "Idaho open meeting and public records laws updated"
| |||||||||||
