Vermont Public Records Law
The Public Records Law is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Vermont.
The Vermont Open Meetings Law legislates the methods by which public meetings are conducted.
To learn more about how to make a public records request in this state, please see: Vermont FOIA procedures
[edit] Recent news
- See also: Vermont transparency headlines
Transparency blocking
- Editorial: Open government goes beyond access 2009-06-19 17:42:34
- Editorial: Exorbitant fee limits public records access 2009-06-19 17:38:23
- E-mail ruling weakens public accountability 2009-06-19 17:34:24
More transparency blocking news from across the country.
Litigation
- VT Supremes deliver split decision in open records case 2012-04-30 10:54:28
- VT Supreme Court rules ballots are public records 2011-05-03 07:37:52
- VT Judge orders state to permit union to inspect records without charge 2011-01-11 13:21:57
More FOIA litigation news from across the country.
Legislation
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More FOIA legislation news from across the country.
Sunshine Guardians
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Other Sunshine Guardians from across the country.
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Vermont. For more information go the page or go to Vermont sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
| Lawsuit | Year |
|---|---|
| Clement v. Graham | 1906 |
| Matte v. City of Winooski | 1970 |
| State of Vermont v. Edgar Whitney | 2005 |
| State v. Vermont Emergency Board | 1978 |
| Trombley v. Bellows Falls Union High School District | 1992 |
[edit] Proposed changes
- See sample transparency legislation at the Sunshine Standard
[edit] 2011
Here is a list of transparency legislation for Vermont in 2011. This list contains a random collection of 15 bills from the state. For the full list please see Vermont transparency legislation.
| Rating | Bill | Current Status | Progress | Information |
 | House Bill 102 | Current Status: (Referred to Commerce and Economic Development Committee) | 
|
House Bill 102 was introduced to the House by Representative William Lippert, Jr. which would require the Deputy Director of the Department of Public Service to publish an monthly report containing average prices for petroleum products gathered by the Director from sellers. This report would be considered a public record. [1] |
| House Bill 106 | Current Status: (Referred to Government Operations Committee) |
|
House Bill 106 was introduced to the House by Representative William Lippert, Jr. which would make electronic recording devices used by law enforcement officers to record activities in the line of duty a media which could be requested using open records law. [2] |
| House Bill 107 | Current Status: (Referred to Judiciary Committee) |
|
House Bill 107 was introduced to the House by Representative William Lippert, Jr. which would video recordings of roadside stops recorded by dash cameras used by law enforcement officers a public record capable of being searched. The fee for a video recording would be no more than $4.00. [3] |
| House Bill 111 | Current Status: (Referred to Government Operations Committee) |
|
House Bill 111 was introduced to the House by Representative William Lippert, Jr. which would prohibit state agencies from preventing public record searches by entering into personal service contracts. The bill would also require that all information produced or acquired would be public record unless it was otherwise exempt. [4] |
| House Bill 168 | Current Status: (Referred to Government Operations Committee) |
|
House Bill 168 was introduced to the House by Representative Jeff Wilson which would allow agencies to post notice for meetings on a website or via electronic mail provided a copy is also posted in or near the municipal clerk of court's office. [5] |
 | House Bill 232 | Current Status: (Referred to Government Operations Committee) |
|
House Bill 232 was introduced to the House by Representative Margaret Andrews which would allow a public body to go into executive session to review applications or award funds to municipal programs for the poor or indignant. [6] |
| House Bill 73 | Current Status: (Signed into Law by Governor) | 
|
House Bill 73 was introduced to the House by Representative Donna Sweaney which would modifies the time period for records requests, aims to include greater sections of the government under public records requests and creates a committee charged with increasing transparency. The original form of this bill required that courts award attorney and legal fees to a requester if an agency was found to be violating the law, this section was edited to once again say "may" leaving it at the courts discretion which has been historically in favor of public agencies. [7] |
| Senate Bill 3 | Current Status: (Referred to Government Operations Committee) | 
|
Senate Bill 3 was introduced to the Senate by Senator Richard Sears which would video recordings of roadside stops recorded by dash cameras used by law enforcement officers a public record capable of being searched. The fee for a video recording would be no more than $4.00. [8] |
| Senate Bill 67 | Current Status: (Referred to Government Operations Committee) | 
|
Senate Bill 67 was introduced to the Senate by Senator Jeanette White which would modernize open meetings laws to allow electronic meetings, provide additional reasons for executive sessions, and allow for persons with disabilities to have equal access to meetings. The final section of the bill provides punishment for violators and requires courts to levy a fee for reasonable attorney and court costs against the violating agency. [9] |
| Senate Bill 82 | Current Status: (Referred to Government Operations Committee) |
|
Senate Bill 82 was introduced to the Senate by Senator Margaret Flory which would modify the laws governing vital records. The majority of the bill creates regulations for the issuance of certified copies of vital records, but the bill also includes a number of statutes involving public records searches. [10] |
[edit] 2010
Here are a list of 30 random bills from Vermont from 2010. For a full list, please see Vermont transparency legislation.
|
[edit] Vermont's transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Vermont #49 in the nation with an overall percentage of 34.80%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Vermont 62 points out of a possible 100, a letter grade of "D", and a ranking of 12 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Vermont's law as the 10th best in the country, giving it a letter grade of "C".[3]
[edit] Features of the law
Compare States: Sunshine variations: Click on the heading to compare your state's law to other state's transparency laws.
[edit] Declared legal intention
The declared legal intention of the Vermont Public Records Law states:"Officers of government are trustees and servants of the people and it is in the public interest to enable any person to review and criticize their decisions even though such examination may cause inconvenience or embarrassment." [4]
[edit] What records are covered?
Public records includes all documents, no matter the physical form that are "produced or acquired in the course of public agency business". [5]
[edit] Exemptions
Notable exemptions include but are not limited to:
- Criminal investigations
- Tax returns
- Personal documents, including contact information, application information and financial and medical information
- Examinations
- Trade secrets
- Lists of names that would violate privacy law or be used for commercial purposes
- Student records
- Information on potential property sale/purchase or use by the state
- Records relevant to current litigation
- Collective bargaining information
- Information voluntarily provided by corporations
- Internal investigations of state agencies or employees
- Library records
- Archaeological sites
- Academic research
- Security information
- Registered voter information
- Credit cards and bank account numbers
- Health records
[edit] Deliberative process
[edit] What agencies are covered?
Agencies include all branches of government at both the state and local levels. [7]
[edit] Legislature
The legislature falls under the definition of public body found at Vermont Statute 5-317 and is subject to the Vermont Public Records Law.
[edit] Privatized governmental agencies
The Vermont Public Records Law applies to all private entities that act as an "instrumentality" of the state. However, the act is silent as to what that entails. [8]
[edit] Public universities
The definition of public body presumably includes public universities within the state. However, testing and exam material and academic research are explicitly exempted under Vermont Statute 5-317.
[edit] Who may request records?
Anyone may request public documents in Vermont. The law explicitly states that, "any person may inspect or copy any public record or document of a public agency." [11]
[edit] Must a purpose be stated?
Vermont law does not require a statement of purpose for a records request.
[edit] How can records be used?
Vermont law places no restrictions on the use of public records.
[edit] Time allowed for response
- 2 days
Records denials must be issued within 2 days of receiving the records request. This limit can be extended to ten days for unusual circumstances. Vermont law does not prescribe a specific time for the release of records.[12]
[edit] Fees for records
[edit] Copy costs:
Vermont law allows fees to be charged for the cost of copying. [13]
[edit] Search fees:
Vermont law only allows agencies to charge for the cost of search or compilation if the time required exceeds 30 minutes.[14]
[edit] Role of the Attorney General
There is currently no provision within the state open records law that empowers the State Department of Law to enforce the right of the public to access governmental records.
[edit] Open Meetings
The declared intention of the Vermont Open Meetings Law states that the "legislature finds and declares that public commissions, boards and councils and other public agencies in this state exist to aid in the conduct of the people's business and are accountable to them." [15]
[edit] Notable requests
[edit] See also
- Vermont FOIA procedures
- Vermont transparency headlines
- Vermont transparency advocates
- Vermont transparency legislation
- Private agency, public dollars-Vermont
- Vermont Open Meetings Law
- The Public Assets Institute and the Ethan Allen Institute launched Vermont Transparency, which discloses information about state spending, state revenues, municipal spending, federal contracts, education finance, school spending and federal stimulus funds.
[edit] External links
- Vermont Statutes
- Secretary of State Guide to Right to Know
- Open Government Guide to Vermont
- Past articles on Vermont
[edit] References
- ↑ Integrity Index available for download here
- ↑ Graded state responsiveness to FOI requests, 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Vermont Statues, 315
- ↑ Vermont Statute 5-317
- ↑ Vermont Statute 5-317
- ↑ Vermont Statute 5-317
- ↑ Private agency, public dollars-Vermont
- ↑ Vermont Statute 5-317
- ↑ Vermont Statute 5-317
- ↑ Vermont Statutes, 316
- ↑ Vermont Statute 5.318
- ↑ Vermont Statute 5.316
- ↑ Vermont Statute 5.316
- ↑ Vermont Statutes, 311
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