Open Records

Vermont’s public records law is the Public Records Act (PRA), 1 V.S.A. §§ 315-320, originally enacted in 1976 in the wake of Watergate and rooted in Chapter I, Article 6 of the Vermont Constitution. It guarantees any person the right to inspect and copy records produced or acquired by a public agency, and requires the law to be liberally construed in favor of disclosure.

Who can request records

Any person, regardless of residency, may request records. Vermont law doesn’t place restrictions on how records may be used, and doesn’t require a stated reason for the request.

What’s covered

“Public record” is defined broadly as “any written or recorded information, regardless of physical form or characteristics,” produced or acquired in the course of public agency business. Notably, Vermont’s coverage has real gaps: the judiciary and the Governor’s Office are not held fully accountable under the law the way other agencies are – requesters seeking records from the Governor’s Office bear the burden of showing the request is in the public interest, and most court records are exempt as well. Legislative bodies and other public agencies remain generally open.

How to request

Submit the request directly to the specific agency holding the records (for example, a request to the Attorney General’s Office goes to that office directly, not a central portal).

Response timeline

Agencies must respond within 3 business days, either by providing the records, denying the request with reasons, or acknowledging receipt and providing an estimate of when records will be available. Extensions of up to 10 business days total are permitted in unusual circumstances. The burden of proof is on the agency to justify withholding any record.

Fees

– Under 1 V.S.A. § 316, agencies may charge the actual cost of copying, mailing/transmission costs, and staff time. – Staff time fees only apply once the time needed exceeds a threshold – commonly 30 minutes, though this varies by agency (some set it slightly differently). – The Vermont Secretary of State establishes a Uniform Fee Schedule that state agencies generally follow, though municipal bodies may set their own rates within statutory bounds. – Agencies may require prepayment before delivering copies and must provide a cost estimate on request. – Certified vital records (a separate but related category) carry their own statutory fees – for example, certified birth certificates cost $10 through the Vermont Department of Health.

Exemptions

Specific exemptions are enumerated in § 317 of Title 1 – common categories include certain law enforcement records, personnel matters, and records tied to ongoing litigation, among others.

If your request is denied

A requester can bring an action in the Civil Division of the Superior Court, which reviews the matter de novo and can examine agency records in camera to determine whether an exemption applies – the burden of proof remains on the agency throughout. Such cases take docket priority and are expedited. That said, enforcement in Vermont has historically been light – according to public records advocates, the state relies largely on the press and private citizens to enforce the PRA, and formal Attorney General enforcement actions have been rare. The only stated penalty for a violating agency or office is potential contempt and unspecified discipline.

A note on terminology

Vermont’s law is officially the “Public Records Act” (PRA) – the same basic type of law that other states call an “Open Records Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).