How to File a Public Records Request in Vermont
Vermont's Public Records Act (PRA), codified at 1 V.S.A. §§ 315–320, was originally enacted in 1976 in the wake of the Watergate scandal and rooted in Chapter I, Article 6 of the Vermont Constitution. The law guarantees any person — regardless of residency — the right to inspect and copy records produced or acquired by any public agency, including state offices and municipalities. Agencies must respond promptly, defined by statute as within three business days of receiving a request, though extensions of up to ten business days are permitted in unusual circumstances. The burden of proof rests on the public agency to justify withholding any record, and the law is to be liberally construed in favor of disclosure. The Vermont Secretary of State provides guidance and advice to municipalities and the public on PRA compliance.
The Vermont Public Records Act
- Statutory Citation
- 1 V.S.A. Title 1, Chapter 5, Subchapter 3, §§ 315–320
- Response Deadline
- 3 business days
- Fee Provisions
- Under 1 V.S.A. § 316, agencies may charge the actual cost of copying public records. Staff time fees only apply when the time involved in complying with a request exceeds 30 minutes. The Vermont Secretary of State has established a uniform fee schedule for state agencies; municipal legislative bodies must establish their own schedules using the same cost factors. Photocopies are typically a few cents per page; staff time rates vary by employee level. Agencies may require prepayment for requests subject to staff time charges and must provide fee estimates upon request.
- Key Exemptions
- Vermont law contains over 40 specific exemptions under 1 V.S.A. § 317(c), including personnel files, law enforcement investigative records, tax returns, medical and mental health records, student records, trade secrets, collective bargaining negotiation records, attorney-client privileged materials, records whose release would compromise public safety (e.g., building security plans), and certain executive branch deliberative records. Exemptions are to be construed narrowly. Partial records must still be produced with exempt portions redacted; the agency must explain the basis for each redaction.
- Appeal Process
- Under 1 V.S.A. § 318(c), any denial of access may first be appealed to the head of the agency, who must respond in writing within five business days. If the denial is upheld, or if the agency fails to respond within the applicable time limit (which is deemed a denial), the requester may file suit in the Civil Division of Superior Court under 1 V.S.A. § 319. Burlington requesters may file in Chittenden County Superior Court. If the complainant substantially prevails, the court must award reasonable attorney's fees and litigation costs against the agency under 1 V.S.A. § 319(d)(1).
- Ombudsman
- Vermont has no state public records ombudsman. The Vermont Secretary of State's office provides informal guidance and advice on PRA compliance to both municipalities and members of the public under 1 V.S.A. § 318(g), but has no formal enforcement role.
City FOIA Guides in Vermont
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Vermont?
If you're dealing with missing records or unresponsive agencies in Vermont, Project Paper Trail can help you follow the paper trail on development approvals.
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