Processing of public records requests- General

Processing of public records requests- General (a) Providing access. The MDA acknowledges that “providing access to public records is a duty” and that “any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record” in accordance with these policies. Sections 25-61-1, 61-5 T h e MDA will process requests in the order allowing the most requests to be processed in the most efficient manner. (b) Acknowledging receipt of request. Within seven (7) business days of receipt of the request, the public records officer will do one or more of the following: 1. Make the records available for inspection or copying; 2. If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requester; 3. Provide a reasonable estimate of when the records will be available; or 4. If the request is unclear or does not sufficiently identify the requested records, request clarification from the requester. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or 5. Deny the request. (c) Consequences of failure to respond. If the MDA does not respond in writing within seven (7) business days of receipt of the request for disclosure, the requester should consider contacting the public records officer to determine the reason for the failure to respond. (d) Timetable for Processing. All requests to examine, copy or obtain public records will be approved or denied within fourteen (14) working days after the request is received. Some documents are exempt from disclosure (See Rule 1.6. Exemptions) including records furnished to the MDA by third parties referred to below (See Rule 1.7. Third Party Information). Third parties have twenty-one (21) days from the date of notification to obtain a court order protecting information deemed confidential. No request will be processed until after payment is received, therefore, depending on when payment is made and/or the scope of the request, it may take longer than fourteen (14) working days before the documents are ready for inspection or to be released. (e) Protecting rights of others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records office will, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requester and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request. (f) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the MDA believes that a record is exempt from disclosure and should be withheld, the public records officer or designee will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer or designee will redact the exempt portions, provide the nonexempt portions and indicate to the requester why portions of the record are being redacted. (g) Inspection of records. The MDA shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requester shall indicate which documents, if any, he or she wishes the public body to copy. The requester must claim or review the assembled records within thirty (30) days of the MDA’s notification to him or her that the records are available for inspection or copying. The MDA will notify the requester in writing of this requirement and inform the requester that he or she should contact the MDA to make arrangements to claim or review the records. If the requester or a representative of the requester fails to claim or review the records within the thirty-day period or make other arrangements, the MDA may close the request and refile the assembled records. (h) Providing copies of records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying. (i) Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty (30) days, the requester fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request. (j) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the MDA has completed a diligent search for the requested records and made any located nonexempt records available for inspection. (k) Closing withdrawn or abandoned request. When the requester either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requester that the MDA has closed the request. (l) Later discovered documents. If, after the MDA has informed the requester that it has provided all available records, the MDA becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requester of the additional documents and provide them on an expedited basis. Providing copies of records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying. (m) Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty (30) days, the requester fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request. (n) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the MDA has completed a diligent search for the requested records and made any located nonexempt records available for inspection. (o) Closing withdrawn or abandoned request. When the requester either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requester that the MDA has closed the request. (p) Later discovered documents. If, after the MDA has informed the requester that it has provided all available records, the MDA becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requester of the additional documents and provide them on an expedited basis.