COMM 020 - Public Records
Purpose
This policy establishes guidelines for the processing of requests to examine or copy College of Western Idaho’s public records.
Scope
This policy applies to all College of Western Idaho (CWI) public records not exempt under Idaho state law.
Definition
Custodian of Records: the person having personal custody and control of the public records. The Director Government Relation and Community Relations serves as Custodian of Records.
Public Record: includes, but is not limited to, any writing containing information relating to the conduct or administration of the public's business prepared, owned, used or retained by CWI regardless of physical form or characteristics. Provided, however, that personal notes created by a public official solely for their own use shall not be a public record as long as such personal notes are not shared with any person or entity.
Policy
As an Idaho public institution of higher education, CWI must comply with the provisions of the Idaho Public Records Law granting individuals the right to examine or copy any public record if it is not exempt by law. This policy establishes guidelines for the processing of requests to examine or copy CWI’s public records in conformance with applicable law.
Guidelines
Records Request
Requests for public records shall be submitted in writing to the Custodian of Records. A submittal form for public records requests can be found on the CWI website. The request must include the name of the person making the request, a mailing address, e-mail address, and phone number. The Custodian of Records will date stamp the written request upon receipt.
Requests to examine or copy public records shall be granted or denied, as required by Idaho law, within three (3) working days of receipt of a written request, as described above. The Custodian of Records may take up to ten (10) working days to respond to such requests if necessary to locate or retrieve the public record.
Examination And Copying
Examination of public records must be conducted during regular office or working hours. Records are not to be removed from the place designated for the inspection unless the Custodian of Records specifically agrees otherwise. The Custodian of Records shall make no inquiry of any person who requests a public record, except to verify the identity of a person requesting a record in accordance with Idaho Code § 74-113 or to ensure that the requested record or information will not be used for purposes of a mailing or telephone list prohibited by Idaho Code § 74-120. The Custodian of Records or a designated staff member shall use whatever diligence is required to prevent alteration or removal of any public record while it is being examined or copied. A request for public records and delivery of the public records may be made by electronic mail.
Copying Costs
No charge will be made for the examination of records during normal college office hours. No fee shall be charged for copying the first one hundred (100) pages of paper records requested or for the first two (2) hours of labor in responding to a request for public records. For copies totaling in excess of one hundred (100) pages, the following cost per page may be requested by CWI. In addition, requests that require greater than two (2) hours of staff time will be charged at a reimbursement rate according to the following table:
| Copying | |
| Per page - Black & White | $0.05 |
| Per page - Color | $0.50 |
| Labor | |
| Administrative Assistant | $25.00/hour |
| Manager/Supervisor | $42.00/hour |
| Director | $50.00/hour |
| Vice President | $75.00/hour |
| Attorney | $300.00/hour |
Denial Of Request
The Custodian of Records (or his/her designee), and where appropriate after consultation with legal counsel for CWI, will determine whether a record requested in accordance with this policy is exempt from disclosure under applicable federal and state law. If a denial or partial denial of a request for examination is made, the Custodian of Records shall notify the person in writing of the denial or partial denial. The denial must include: (1) the rationale for the decision, including the statutory authority for the denial; (2) notice of the requester’s right to appeal the denial and the time period for doing so; and (3) a statement that legal counsel for CWI has reviewed the request or that CWI has had an opportunity to consult with its legal counsel regarding the request and has chosen not to do so.