Public records file signed into law

On Friday, March 8 at 12:40 p.m., Governor Gordon signed into law Senate File 57, which officially takes effect July 1. The file sets forth requirements for the release of public records, as well as designation of an ombudsman by the governor to receive complaints for violations of the public records act.

In January during the 2019 Legislature, Senator Wyatt Agar said the bill was a good one, as it allows for transparency in local government agencies without making it such a burdensome task to provide public records that those agencies can’t keep up.

Under the law, official public records include “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 a governmental entity is a party; all fidelity, surety and performance bonds; all claims filed against a governmental entity; all records or documents required by law to be filed with or kept by a governmental entity of Wyoming; and all other documents or records determined by the records committee to be official public records.”

The law further states all public records shall be open for inspection by any person at any reasonable during business hours of the governmental entity, except as provided by the law, though the official custodian of any public records may make rules and regulations as reasonably necessary to protect the records and prevent unnecessary interference with the regular discharge of the duties of the custodian or his office.

If requested public records are not in custody of the governmental entity to whom a request is made, the designated public records custodian is required to notify the applicant within seven days. If the records are in custody or control of the governmental entity to whom the application is made, different scenarios apply.

If the records are in active use or in storage and not available when an applicant requests them, the request shall then be forwarded to the person having personal custody or control of the records. Further, the applicant must be notified of this situation within seven days.

For those records readily available, it shall be released immediately to the applicant so long as regular duties of the government entity are not impaired or impeded. Records shall be released no later than 30 days, though if there is good cause preventing this they will be released on a date agreed upon by the applicant and government entity.

Applicants can also file complaints at any time with the ombudsman designated by the governor or petition the district court for determination as to whether the custodian has demonstrated good cause. The ombudsman or district court will determine if records are privileged or confidential by law, or impedes the government entity in its other duties.

For those documents available primarily or solely in electronic format, a government entity “shall provide an electronic record in alternative formats unless doing so is impractical or impossible; shall not be required to compile data, extract data or create a new document to comply with an electronic record request if doing so would impair the agency’s governmental entity’s ability to discharge its duties; and shall not be required to allow inspection or copying of a record in its electronic format if doing so would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained.”