§ 16-4-202 — Right of inspection; rules and regulations; unavailability; training

Wyoming § 16-4-202

• Jurisdiction: Wyoming
• Title 16: City, County, State and Local Powers
• Ch. 4: UNIFORM MUNICIPAL FISCAL PROCEDURES; PUBLIC
• Art. 2: PUBLIC RECORDS

Text

(a) All public records shall be open for inspection by any
person at reasonable times, during business hours of the
governmental entity, except as provided in this act or as
otherwise provided by law, but the governmental entity may make
rules and regulations with reference to the inspection of the
records as is reasonably necessary for the protection of the
records and the prevention of unnecessary interference with the
regular discharge of the duties of the governmental entity. All
applications for public records shall be made to the designated
public records person.
(b) If the public records requested are not in the custody
or control of the governmental entity to whom application is
made, the designated public records person shall notify the
applicant within seven (7) business days from the date of
acknowledged receipt of the request of the unavailability of the
records sought and provide the name and contact information of
the appropriate designated public records person if known.
(c) If the public records requested are in the custody and
control of the governmental entity to whom application is made,
the following shall apply:
(i) If the records are in active use or in storage,
and therefore not available at the time an applicant asks to
examine them, the designated public records person shall
immediately forward the request to the custodian or authorized
person having personal custody and control of the public records
and shall notify the applicant of this situation within seven
(7) business days from the date of acknowledged receipt of the
request;
(ii) If a public record is readily available, it
shall be released immediately to the applicant so long as the
release does not impair or impede the governmental entity's
ability to discharge its other duties;
(iii) All public records shall be released not later
than thirty (30) calendar days from the date of acknowledged
receipt of the request unless good cause exists preventing
release as authorized by paragraph (iv) of this subsection;
(iv) If good cause exists preventing release within
the time period specified in paragraph (iii) of this subsection,
the public records shall be released on a specified date
mutually agreed to by the applicant and the governmental entity.
If a release date cannot be agreed upon, the applicant may file
a complaint with the ombudsman as provided by paragraph (v) of
this subsection;
(v) The applicant may at any time file a complaint
with an ombudsman designated by the governor or may petition the
district court for a determination as to whether the custodian
has demonstrated good cause. In determining whether good cause
existed, the ombudsman or district court may consider whether
the records are privileged or confidential by law or whether
release of the records impairs or impedes the governmental
entity's ability to discharge its other duties. The ombudsman
or the district court shall review the records in camera and
determine whether redaction of privileged or confidential
information would permit release of the records.
(d) If a public record exists primarily or solely in an
electronic format, the custodian of the record shall so inform
the requester. Electronic record inspection and copying shall be
subject to the following:
(i) The reasonable costs of producing a copy of the
public record shall be borne by the party making the request.
The costs may include the cost of producing a copy of the public
record and the cost of constructing the record, including the
cost of programming and computer services;
(ii) A governmental entity shall provide an
electronic record, if requested, in alternative electronic file
types unless doing so is impractical or impossible;
(iii) A governmental entity shall not be required to
compile data, extract data or create a new document to comply
with an electronic record request;
(iv) A governmental entity 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;
(v) Nothing in this section shall prohibit the
governor from enacting any rules pursuant to his authority under
W.S. 19-13-104(c)(i).
(e) Each governmental entity shall designate a person to
receive all applications for public records. The designated
public records person shall be an employee, officer, contractor
or agent of the governmental entity. The governmental entity
shall submit the name, business email address and business
mailing address of the designated public records person to the
department of administration and information for publication on
the department of administration and information official
website. The designated public records person shall serve as a
point of contact between the governmental entity and applicants
seeking public records.