Divided Court reverses denial of plaintiff’s motion for judgment on the pleadings in Public Record Act case alleging state agency cannot charge for staff time spent in complying with requests to inspect public records.

Doyle v. City of Burlington Police Department, 2019 VT 66 [filed September 13, 2019]


REIBER, C.J.. Reed Doyle appeals the trial court's denial of his motion for partial judgment on the pleadings pursuant to Vermont Rule of Civil Procedure 12(c). In his motion, plaintiff argued that the Burlington Police Department (BPD) unlawfully withheld public records in violation of the Public Records Act (PRA) when it charged a fee for costs that would be incurred by complying with his request. Based on the plain language of the PRA, we hold that the BPD cannot charge for staff time spent in complying with requests to inspect public records. Accordingly, we reverse.

EATON, J., joined by Justice Carroll , dissenting. The Legislature recognized that record requests "entail expending public resources to fulfill requests" and thus established in the PRA "a process for public agencies to charge requesters for the actual costs of copying public records and for staff time associated with fulfilling requests." Sawyer v. Spaulding, 2008 VT 63, ¶ 11, 184 Vt. 545, 955 A.2d 532 (mem.) (citing 1 V.S.A. § 316).