Asking for records

Compiled and written by Colman M. Herman.

There are no strict rules governing the manner in which requests for public records must be made.  There is no specific form that you must use nor is there any particular language that must be included.  A records custodian may provide a specific form to use, but you do not have to use it.

You must provide a reasonable description of the records you are seeking.  A records custodian is required to use his or her “superior knowledge” to determine the exact records that are responsive to your request.  If the records custodian does not have the records you’re seeking, but knows who does, he is expected to forward your request on to that person.

You can ask for public records either orally or in person (but not by telephone) or in writing by traditional mail, email or fax.  But it is best to do it in writing because it not only reduces the possibility of confusion as to the precise records you are seeking, in the event of the need to appeal, the request must have been in writing.  It is also prudent to submit your request by regular mail so you can obtain proof of delivery.

Here is a template of a letter you can use to make your public records request.

The heads of state agencies and their addresses can be found here.

The public records law does not require a records custodian to answer any of your questions about the records nor create records where none exist, but may do so at his or her discretion and charge for them.  Similarly, the records custodian is not obligated to honor prospective requests for public records.

You can ask for records to be provided to you in electronic format, and if they exist as such, the records custodian must provide them electronically.  If the records do not exist electronically, the custodian is not obligated to provide them electronically, but may do so at his or her discretion and charge a one-time fee for programming.  But any fees imposed for subsequent requests for this record can be imposed only for the production of copies and not for programming.

A custodian cannot require proof of your identity.  And in most cases, a the custodian is prohibited from asking you why you want the records -- the lone exception being if you are seeking records related to public safety such as plans, blueprints, and schematic drawings.  Here, the records custodian is allowed to ask you to voluntarily provide additional information about yourself and why you want the records.  This will allow the custodian to make a “reasonable judgment” about whether or not to release the records to you. This exemption is further unique in its application in that disclosure of records to one requester does not render the records public to all requesters.  In other words, one person may get the records, another person may not.

Except for the public safety exemption, every requester is treated equally under the public records law.  So even a person who is the subject of the records being sought is not granted any greater right of access than any other person. In other words, the involvement of someone is immaterial.