§ 38-2-3. Right to inspect and copy records — Duty to maintain minutes of meetings — Procedures
for access.
(a) Except as provided in §â€‚38-2-2(4), all records maintained or kept on file by any public body, whether or not those
records are required by any law or by any rule or regulation, shall be public records
and every person or entity shall have the right to inspect and/or copy those records
at such reasonable time as may be determined by the custodian thereof.
(b) Any reasonably segregable portion of a public record excluded by §â€‚38-2-2(4) shall be available for public inspection after the deletion of the information which
is the basis of the exclusion. If an entire document or record is deemed non-public,
the public body shall state in writing that no portion of the document or record contains
reasonable segregable information that is releasable.
(c) Each public body shall make, keep, and maintain written or recorded minutes of all
meetings.
(d) Each public body shall establish written procedures regarding access to public records
but shall not require written requests for public information available pursuant to
§â€‚42-35-2 or for other documents prepared for or readily available to the public.
These procedures must include, but need not be limited to, the identification of a
designated public records officer or unit, how to make a public records request, and
where a public record request should be made, and a copy of these procedures shall
be posted on the public body's website if such a website is maintained and be made
otherwise readily available to the public. The unavailability of a designated public
records officer shall not be deemed good cause for failure to timely comply with a
request to inspect and/or copy public records pursuant to subsection (e). A written
request for public records need not be made on a form established by a public body
if the request is otherwise readily identifiable as a request for public records.
(e) A public body receiving a request shall permit the inspection or copying within ten
(10) business days after receiving a request. If the inspection or copying is not
permitted within ten (10) business days, the public body shall forthwith explain in
writing the need for additional time to comply with the request. Any such explanation
must be particularized to the specific request made. In such cases the public body
may have up to an additional twenty (20) business days to comply with the request
if it can demonstrate that the voluminous nature of the request, the number of requests
for records pending, or the difficulty in searching for and retrieving or copying
the requested records, is such that additional time is necessary to avoid imposing
an undue burden on the public body.
(f) If a public record is in active use or in storage and, therefore, not available at
the time a person or entity requests access, the custodian shall so inform the person
or entity and make an appointment for the person or entity to examine such records
as expeditiously as they may be made available.
(g) Any person or entity requesting copies of public records may elect to obtain them
in any and all media in which the public agency is capable of providing them. Any
public body which maintains its records in a computer storage system shall provide
any data properly identified in a printout or other reasonable format, as requested.
(h) Nothing in this section shall be construed as requiring a public body to reorganize,
consolidate, or compile data not maintained by the public body in the form requested
at the time the request to inspect the public records was made except to the extent
that such records are in an electronic format and the public body would not be unduly
burdened in providing such data.
(i) Nothing in this section is intended to affect the public record status of information
merely because it is stored in a computer.
(j) No public records shall be withheld based on the purpose for which the records are
sought, nor shall a public body require, as a condition of fulfilling a public records
request, that a person or entity provide a reason for the request or provide personally
identifiable information about him/herself.
(k) At the election of the person or entity requesting the public records, the public
body shall provide copies of the public records electronically, by facsimile, or by
mail in accordance with the requesting person or entity's choice, unless complying
with that preference would be unduly burdensome due to the volume of records requested
or the costs that would be incurred. The person requesting delivery shall be responsible
for the actual cost of delivery, if any.