Wyoming Sunshine Law
The Wyoming Sunshine Law is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Wyoming.
The Wyoming Public Meeting 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: Wyoming FOIA procedures
Recent news
- See also: Wyoming transparency headlines
Transparency blocking
- Sheridan paper seeks booking photos 2009-06-23 14:30:37
More transparency blocking news from across the country.
Litigation
- Wyoming Supreme Court orders release of draft budget documents 2010-07-21 11:09:06
- Casper judge sides with paper in records case 2009-06-23 14:30:44
More FOIA litigation news from across the country.
Legislation
- Two bills strengthening open meetings and open records move forward in Wyoming House 2011-02-01 17:14:57
- Wyoming Courts Change Rules for Judicial Records Access 2009-11-23 14:18:12
More FOIA legislation news from across the country.
Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Wyoming. For more information go the page or go to Wyoming sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon below the Year heading)
| Lawsuit | Year |
|---|---|
| Allsop v. Cheyenne Newspapers | 2002 |
| Freudenthal v. Cheyenne Newspapers, Inc. | 2010 |
| Houghton v. Franscell | 1994 |
| Laramie River Conservation Council v. Dinger | 1977 |
| Record-Times, Inc. v. Town of Wheatland | 1982 |
| Sheridan Newspapers v. City of Sheridan | 1983 |
| Sublette County Rural Health Care District v. Miley | 1997 |
| University of Wyoming v. Gressley | 1999 |
| Williams v. Stafford | 1979 |
| Workers Compensation Claim of Decker v. State of Wyoming | 2008 |
| Wyoming Department of Transportation v. International Union of Operating Engineers Local Union 800 | 1995 |
| Wyoming Tribune Eagle v. Governor Dave Freudenthal | 2010 |
Proposed changes
- See sample transparency legislation at the Sunshine Standard
2011
We do not currently have any legislation for Wyoming in 2011. To add some, please see WikiProject Proposed state sunshine legislation.
2010
Here are a list of 30 random bills from Wyoming from 2010. For a full list, please see Wyoming transparency legislation.
We have no current bill pages for Wyoming from 2010. This may be due to incomplete research. To add pages, please view ourproject page, WikiProject Proposed state sunshine legislation.
Wyoming's transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Wyoming #45 in the nation with an overall percentage of 38.60%. [1]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Wyoming 16 points out of a possible 100, a letter grade of "F", and a ranking of 46 out of the 50 states.[2]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Wyoming's law as the 46th worst in the country, giving it a letter grade of "F".[3]
Features of the law
Compare States: Sunshine variations: Click on the heading to compare your state's law to other state's transparency laws.
Declared legal intention
The Wyoming law does not contain an explicit declared legal intention.
What records are covered?
The definition of records includes all documents, no matter their physical form, that have been created or received by government agencies in the course of public business. [4]
Exemptions
Notable exemptions include but are not limited to:
- Law enforcement investigations and security information, including building plans and layouts
- Law enforcement records must be exempted on a case by case basis per Sheridan Newspapers v. City of Sheridan
- Examinations
- Academic research
- Appraisals for potential land purchases/sales
- Medical information
- Limited to the day to day records of patient care and not administrative records. See Houghton v. Franscell
- Adoption records
- Information in an individuals personal file excluding documents that outline work agreements
- Personal information may not always be construed to include personal contact information, like home addresses, held on file by the government. See Wyoming Department of Transportation v. International Union of Operating Engineers Local Union 800
- Letters of reference
- Trade secrets
- Criteria for exemption established by Sublette County Rural Health Care District v. Miley
- Donated library and museum materials
- Hospital records
- Student records
- Individuals library records
- 9-1-1 calls
- Internal investigation information
An additional important exception notes that, "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."[5]
However, while Wyoming law does not require the separation of exempt from non exempt material, a number of court cases have established this as an appropriate method for insuring the release of non-exempt material despite its commingling with exempt material. See Allsop v. Cheyenne Newspapers and Sheridan Newspapers v. City of Sheridan.
Deliberative process
What agencies are covered?
Wyoming law covers all branches of government at both the state and local levels.[6]
Legislature
The legislature falls under the definition of public records found at Wyoming code 16-4-201 and is subject to the Wyoming Sunshine Law.
Privatized governmental agencies
Wyoming law includes all private agencies that were created by a public body within their definition of public body. [7]
Public universities
Status: Presumed/Judicially Confirmed[8] Popular Exemptions Research Donors Examinations Course Materials [9]
[10]
The definition of public body presumably includes public universities within the state. This presumption was confirmed in University of Wyoming v. Gressley which held that the University of Wyoming was in fact a public agency subject to the law. However, testing and exam material and academic research are explicitly exempted under Wyoming statute 16-4-203.
Who may request records?
Anyone may request public records in Wyoming. The law states that "the custodian of any public records shall allow any person the right of inspection of the records". [11]
Must a purpose be stated?
The law does not require a statement of purpose for open records requests.
How can records be used?
There are no restrictions placed on the use of open records.
Time allowed for response
- N/A
The Wyoming Sunshine Law does not specify response times.
Fees for records
Copy costs:
Wyoming law allows fees to be charged for the cost of duplication . [12]
Search fees:
Wyoming law allows public agencies to charge fees to cover the cost of collection and assembly.[13]
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.
Open meetings
The Wyoming Public Meeting Law states that, "the agencies of Wyoming exist to conduct public business. Certain deliberations and actions shall be taken openly as provided in this act." [14]
Notable requests
See also
- Wyoming FOIA procedures
- Wyoming transparency headlines
- Wyoming transparency advocates
- Wyoming transparency legislation
- Private agency, public dollars-Wyoming
- Wyoming Public Meeting Law
External links
- Wyoming Code search for 16-4-201
- Open Government Guide to Wyoming
- Wyoming on WikiFOIA
References
- ↑ 2008 BGA-Alper Integrity Index
- ↑ States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Wyoming code 16-4-201
- ↑ Wyoming statute 16-4-203
- ↑ Wyoming code 16-4-201
- ↑ Private agency, public dollars-Wyoming
- ↑ University of Wyoming v. Gressley
- ↑ Wyoming statute 16-4-203
- ↑ Wyoming statute 16-4-203
- ↑ Wyoming Statutes 16-4-202(a)
- ↑ Wyoming code 16-4-201
- ↑ Wyoming code 16-4-201
- ↑ Wyoming Code 16-4-401
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