Custodians of public records at state and local agencies are giving themselves extra time to respond to records requests — and undermining the intent of a law that requires a prompt reply when citizens ask to see government documents. 

The Idaho Public Records Act, which was codified in 1990, guides the release of records to the public and mandates deadlines for records custodians, employees at government agencies who process requests. The first sentence of the law says there’s “a presumption that all public records in Idaho are open at all reasonable times for inspection,” aside from documents protected by specific exemptions.

One of the best things about the law — and what makes it better than many similar laws in other states — is that it requires a “prompt response,” said Betsy Russell, a retired Idaho journalist and president of Idahoans for Openness in Government. Records custodians must grant or deny requests from Idaho residents within three working days, excluding weekends and holidays. (Out-of-state requests have more lenient deadlines.)

Timely responses help citizens find out what their government is doing in real time — not weeks, months or years later — and contribute to public policy decisions that affect their schools, communities and state.

“Idaho has determined, as a state, that the public records of our government and what it does with our taxpayer funds need to be open to citizens, not hidden away or delayed or kept secret,” Russell said by phone. 

The Public Records Act only allows custodians to take more than three days to fulfill a records request “if it is determined…that a longer period of time is needed to locate or retrieve the records.” In these cases, custodians must complete the requests in up to 10 working days, and they must notify the requester of the extension. 

But some custodians are treating the 10-day allowance as customary, granting themselves an extension shortly after they receive a records request. Others are taking the better part of 10 days to fulfill straightforward requests, like a copy of a single document.

Over a five-day period last month, public records custodians at three different government agencies triggered the 10-day extension within hours of receiving records requests from Idaho Education News: 

• On April 17, EdNews requested data related to the Parental Choice Tax Credit from the Idaho State Tax Commission. The Tax Commission’s records custodian responded, less than two hours later, notifying EdNews that the agency would “respond to it by May 1,” 10 working days later. The commission responded to the request at 4:53 p.m. on May 1.
• On April 21, EdNews requested email correspondence between leaders of the Lakeland Joint School District. Less than two hours later, the district’s records custodian notified EdNews that processing the request would take up to 10 working days. 
• Also on April 21, EdNews requested contracts for two land purchases from the West Ada School District. Less than four hours later, the district’s records custodian responded that EdNews “should receive (its) records on or before May 5.” West Ada fulfilled the request on April 24. 

In each case, the custodians didn’t offer justification for needing additional time. They only cited the 10-day extension provision in the records law. In the West Ada example, EdNews received a 10-day estimate even though the district ultimately fulfilled the request within three days.

The records law doesn’t say that agencies have to provide a reason for needing more time. But there needs to be one. Russell pointed to where he law clearly states the conditions for an extension: Additional time is allowed only when an agency or custodian has “determined” that the records can’t be “located or retrieved” within three days.

“There’s no automatic, 10-day extension,” Russell said. 

Other records officials last month claimed 10-day extensions to produce one record or none at all. In response to two other requests filed by EdNews:

• The clerk at Brabeion Academy, a public charter school, said 10 working days could be necessary to “locate or retrieve” an employment contract. The one-page contract was produced eight working days later. 
• Gov. Brad Little’s office took nine business days to tell EdNews that “no documents” existed in response to a request for emails to Little’s staff about a bill that he signed earlier this month. After EdNews clarified that the request was for emails to the governor’s office as well as his staff, Little’s records custodian sent a 10-day extension notice, along with a notice that the governor’s office will need to prepare a cost estimate for the records. 

EdNews this week sent Attorney General Raúl Labrador’s office questions about whether treating the 10-day extension as automatic complies with the Public Records Act. Damon Sidur, director of external affairs for the attorney general’s office, did not respond.

But a public records law manual that Labrador’s office published last year says, “the intent of the law is that documents be provided upon request whenever possible.” While an agency has three working days to grant or deny a request, “public agencies should not delay three…days to provide information that is readily available.” 

The manual also notes that agencies are allowed to “determine” that more time is needed. The Idaho Legislature, when it established the three- and 10-day timelines, believed that they “would be adequate in the vast majority of cases,” the manual says, and individuals seeking records “would understand that agencies might occasionally need additional time to respond.”

EdNews reporters Sean Dolan, Emma Epperly and Kevin Richert contributed to this article.