Vermont Public Records

Per V.S.A. § 315, Vermont public policy permits open examination of records maintained by local and state agencies. Consequently, the General Assembly enacted the Vermont Public Records Act (P.R.A.) to implement this policy. The P.R.A. requires open inspection and copying of public records unless such records are exempted from public disclosure. The law sets forth the procedures and timeframes for complying with a public records request, and it authorizes the denial of Vermont public records requests to be challenged in court. Typically, public records are essential as:

They help protect the rights of citizens.
They ensure continuity with past operations.
They help document government legal responsibilities.
They provide public officials with a basis for making decisions.
They provide documentation for the functioning of the government.
They contain information that enables the smooth operation of government programs.
They provide individuals with a means of monitoring government programs and measuring the performance of government officials.
They provide documentation for the retrospective analysis of the development of the Vermont government and the impact of programs on citizens.

Are Vermont Records Public?

Yes. The Vermont Public Records Act (V.S.A. § 316) grants members of the public the right to inspect or copy the public record of any public agency in the state. However, not all records are public in Vermont. Vermont public records exempted from public inspection and copying (Per V.S.A. § 317) include:

Trade secrets
Student records
A tax return and related documents
Negotiation of contract records, including collective bargaining agreements with public officials;
Personal records relating to public agency employees' hiring, evaluation, promotion, or discipline;
Any information that reveals the location of archaeological sites and underwater historic properties;
Bank account numbers, debits, charges, and credit cards held by a public body or its employees;
Lists of names compiled by a government agency whose disclosure would violate a person's right to privacy or produce private or public gain;
Policy formulation records whose disclosure would constitute a clearly unwarranted invasion of personal privacy;
Scoring keys, test questions, and other examination instruments used to administer an employment, license, or academic examination;
Detection and investigatory records whose disclosure will interfere with judicial proceedings or deprive an individual of a right to an impartial adjudication or a fair trial;
User identifications, access codes, passwords, security procedures, and similar information whose disclosure would threaten the public safety or the security of public property;
Records relating to a real or personal property's location created for public agency purposes before the public announcement of the project;
Records of real or personal property appraisals or purchase prices created for public purposes prior to the formal award of contracts thereof.

Vermont Public Records Act

The Vermont Public Records Act originated in Act 231 of 1976 (H.276). Guidelines on how this Act operates are outlined in V.S.A. § 310 to § 320. The Vermont Public Records Act helps to provide a free and open examination of government records, promoting accountability, transparency, and better decision-making in government. The Act recognizes individuals' rights to personal and economic privacy. Per V.S.A. § 317, public records are any written or recorded information created during public agency business. These records are available in paper and electronic formats. Examples of records open to the public in Vermont are:

Property records
Inmate records
Court records and case information
Business records
Criminal history records
Bankruptcy records

How Do I Find Public Records in Vermont?

Vermont has no statewide provision on the process of accessing public records. Each government agency in Vermont has unique procedures for finding public records in its custody. However, the following information provides a helpful guide to looking up public records in Vermont:

Step 1: Record type and custodian. All requesters must know the specific public records they need and the custodian in charge of those records. This helps to facilitate the processing of requests and prevent request denials or delays. For example, business records should be requested from the Vermont Secretary of State's (S.O.S.) office and the Department of Corrections (DOC) may be queried for inmate records.
Step 2: Record availability and accessibility. Sometimes, a public record might not be available to a requester at the time of request. This could be because the record does not exist, is in active use, or is in storage and, therefore, not available for use when the person asks to examine it. Consequently, it is pertinent for requesters to contact record custodians before making a public record request. Most record custodians have a phone number or email address on their websites that can be used to inquire about the availability of a record and the mode of accessing it.
Step 3: Make a request. Public records requests can be made online, by phone, email, mail, or in person, depending on the search options provided by the record custodian. Per V.S.A. § 316, requests for public records can be made on any day other than weekends or a legal holiday between the hours of 9 a.m. and 12 p.m. and between 1 p.m. and 4 p.m. Specific criteria like the record holder's name, record, docket, page or case number, record type, and other descriptions of the record will be required to process the request. Alternatively, requesters can submit a Public Records Request Form on the custodian's website. Information regarding the requester and the record may be required to complete the form.
Step 4: Cost. All record seekers must pay any fees associated with the copying or reproduction of a public record before their requests can be proceeded. Typically, public agencies charge fees for record searches that exceed 30 minutes. Failure to pay fees may lead to delays or denial of the request.

Find Vermont Public Records Free

Most Vermont public bodies have web-based platforms and public access terminals at their offices where individuals can find public records online and in person without charge. Specifically, free access to public records is available at the following government agencies:

The Vermont Judiciary provides free access to court records in person and online at no cost.
Individuals can freely find inmate records online on the Vermont Department of Correction (DOC) website.
Business records are available online at no cost through the Vermont Secretary of State's Search Portal.
The City of Montpelier Assessor's Office has Property Record Cards that can be used to view property records for free.

What Happens if I Am Refused a Public Records Request?

A custodian must notify the requester in writing of a denial of a public records request. Denials may then be appealed to the head of the agency. The appeal must be responded to in writing within 5 business days of receipt of the appeal. The letter must contain the following details if the head of the agency upholds the denial:

The statutory basis, reasons, and supporting facts for upholding the denial
Notification of the provisions for judicial review of the determination

The requester can appeal the public records request denials at the Superior Court Civil Division in their judicial district, city or county of residence or business or the Washington County Superior Court Civil Division (V.S.A. § 319).

How Long Does It Take to Obtain a Vermont Public Record?

Per V.S.A. § 318, the Vermont Public Records Act provides a time limit of at most 3 business days for public agencies to respond to public records requests. However, public record custodians are required to promptly produce a record upon request. Any public body that needs additional time to produce a public record must notify the requester in writing. The written notice must include the reasons for the extension and the date the record will be ready. However, this extension should not exceed 10 business days from receipt of the request.