Matter of publice records in iaho


  • Idaho's Public Records Problem - Fatal Encounters.
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However, not all of these records will be divulged to public since some of them are considered to be highly confidential. The government and the court will rule as to whether or not such documents will be allowed to be unearthed. Back in the old days, people have to prepare the requirements and wait for days before the records retrieval request is being processed.

Nowadays, all you have to do is check a trustworthy records site and pull-out the necessary legal information in no time. Plus, it is very safety to be performed because you can do it independently at home at your most convenient time.

Open Government Guide Idaho - Reporters Committee

The State Controller office in Idaho has the responsibilities as part of public service:. If you wished to know more State resources on public records you can visit the information databases below:. Public Records Search Accurate, trusted, and comprehensive. All public records are subject to inspection and copying unless otherwise expressly provided by statute.

Idaho has listed actual types of records exempt from public disclosure. Generally these exemptions are mandatory; however, there are a few which are discretionary or can be waived. When considering whether a public record is exempt from disclosure, Idaho courts begin with the presumption that all public records are open to disclosure and that all exemptions are to be narrowly construed.

Ward v. Importantly, the public records act was crafted to encourage the release of a public record even in those cases in which it may be a close call as to whether the public record is exempt from public disclosure.

In practice, however, despite this protection some agencies remain concerned about possible liability for release of their records and make decisions to deny disclosure that appear to be influenced by such a concern. However, this exemption from disclosure applies only to the extent that the production of such records would:. In addition, the exemption does not apply to reports prepared by a law enforcement agency in connection with a motor vehicle collision if the report is being requested by any person involved in the collision, their legal representative, or insurer.

A recent Idaho Court of Appeals decision interpreting this language held that there is no categorical exemption for all records related to ongoing police investigations. Hymas v. Thus, the law enforcement agency had a duty to examine the documents subject to the request and separate the exempt and nonexempt material and make the nonexempt material available to the requestor, regardless of whether the investigation was active or inactive.

However, this exemption does not apply to the extent that such records or information are necessary for a background check required by federal law regulating the sale of firearms, guns, or ammunition. Additionally, any facts requested by a school district where the juvenile is enrolled or seeking enrollment shall be furnished. Records of buildings, facilities, infrastructure and systems held by or in the custody of any public agency are exempt if the disclosure of such information would jeopardize the safety or persons or the public safety.

Records of commissions or pardons and parole, along with names, addresses and written statements of victims are exempt from disclosure. Idaho Code 4 c.


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  6. The written record of the vote to classify an offender as a violent sexual predator by each board member and each case reviewed by that board member shall be made available upon request only to the Governor, chairman of the Senate Judiciary and Rules Committee, and the chairman of the House of Representatives Judiciary, Rules and Administration Committee, for all lawful purpose. However, for reasons of health and safety, best interests of the child or public interest, the department of health and welfare may provide for the disclosure of records of investigations associated with actions pursuant to the provisions of chapter 16, title 16, Idaho Code, prepared by the department of health and welfare pursuant to its statutory responsibilities dealing with the protection of children except any such records regarding adoptions shall remain exempt from disclosure.

    However, a person may inspect and copy documents from an investigative file to which he or she is a named party if such documents are not otherwise prohibited from disclosure by federal law or regulation or state law. In addition, the confidentiality of this exemption no longer applies to any record used in any judicial proceeding brought by a named party to the complaint or investigation, or by the Idaho human rights commission, relating to the complaint of discrimination.

    Such records shall be released only in accordance with chapter 30, title 67, Idaho Code. This exemption does not include the amount awarded based upon an application for extraordinary litigation funds. Names of applicants to classified or merit system positions shall not be disclosed to the public without the applicant's written consent. Disclosure of names as part of a background check is permitted. Names of the five 5 final applicants to all other positions shall be available to the public.

    If such group is less than five 5 finalists, then the entire list of applicants shall be available to the public. However, a public official or authorized representative may inspect and copy his or her personnel records, except for material used to screen and test for employment. Financial statements prepared by the retirement system staff, funding agents and custodians concerning the investment of assets that public employees retirement system of Idaho are not considered confidential under this chapter.

    However, this exemption shall not apply to the extent that such records or information are necessary for a background check required by federal law regulating the sale of firearms, guns or ammunition. Notwithstanding the provisions of section , Idaho Code, a person may not review identifying information concerning an informant who reported to the department of labor a suspected violation by the person of the employment security law, chapter 13, title 72, Idaho Code, under an assurance of confidentiality.

    Any agency which has records exempt from disclosure under the provisions of this subsection shall annually make available a statistical summary of the number and types of matters considered and their disposition. Such records shall, however, be subject to disclosure as public records as soon as the facility in question has received the report, and no later than the fourteenth day following the date that the department of health and welfare representatives officially exit the facility pursuant to federal regulations.

    Provided, however, that for purposes of confidentiality, no records shall be released under this section which specifically identifies any nursing facility resident.

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    Public Records (Policy 1040)

    This exemption from disclosure does not include the contracts of employment or any remuneration, including reimbursement of expenses, of the executive director, executive officers or commissioners of the association. An employee or authorized representative may inspect and copy that employee's personnel records, except for material used to screen and test for employment or material not subject to disclosure elsewhere in the Idaho public records act. For the purposes of this subsection good cause shall include the protection of life and property and protection of victims of domestic violence and similar crimes.

    Nothing in this subsection shall prohibit the release of names, last know city of residence, property value ranges and general property information by the administrator for the purpose of reuniting unclaimed property with its owner. Idaho Code Ann. Nothing in this subsection shall limit the use which can be made of such information for regulatory purposes or its admissibility in any enforcement proceeding. Upon the request of the owner of the proprietary variety, this information shall be released to the owner.

    Provided however, that if a seed crop has been identified as diseased or has been otherwise identified by the Idaho department of agriculture, other state departments of agriculture, or the United States department of agriculture to represent a threat to that particular seed or commercial crop industry or to individual growers, information as to test results, location, acreage involved and disease symptoms of that particular seed crop, for that growing season, shall be available for public inspection and copying.

    This exemption does not supersede the provisions of section , Idaho Code, nor shall this exemption apply to information regarding specific property locations subject to an open burning of crop residue pursuant to section , Idaho Code, names of persons responsible for the open burn, acreage and crop type to be burned, and time frames for burning. These records shall include, but are not limited to, claims evaluations, investigatory records, computerized reports of losses, case reserves, internal documents and correspondence relating thereto.

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    At the time any claim is concluded, only statistical data and actual amounts paid in settlement shall be deemed public records unless otherwise ordered to be sealed by a court of competent jurisdiction. Provided, however, nothing in this subsection is intended to limit the attorney client privilege or attorney work produce privilege otherwise available to public agency or independent public body corporate and politic. Nothing in this subsection shall limit the use which caan be made, or availability of such information if used, for regulatory purposes or its admissibility in any enforcement proceeding.

    Computer program does not include:. Inactive investigatory records shall be disclosed unless the disclosure would violate the standards set forth in subsection 1 a through f of section , Idaho Code. Nothing in this subsection shall limit the use which can be made, or availability of such information if used, for regulatory purposes or its admissibility in any enforcement proceeding.

    Idaho Public Records FREE Websites - Do They Exist?

    At such time, the records, data, information, and materials shall be subject to public disclosure unless: a another exemption in this chapter applies; b such information was provided to the institution subject to a written agreement of confidentiality; or c public disclosure would pose a danger to persons or property. Except with respect to lists of personal property required to be filed pursuant to section , Idaho Code, and the operator statements required to be filed pursuant to section , Idaho Code, it shall be the responsibility of the taxpayer to give notice of its claim to exemption by stamping or marking each page or the first page of each portion of documents so claimed.

    No records that are exempt pursuant to this subsection shall be disclosed without the consent of the taxpayer except as follows:. Nothing in this subsection shall limit the use which can be made, or availability of such information if used, for regulatory purposes or its admissibility in any enforcement proceeding, or the duty of any person to report contagious or infectious diseases as required by state or federal law.

    Nothing in this subsection shall limit the use which can be made, or availability of such information pursuant to the provisions of subsections 9 and 10 of section , Idaho Code.


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    Records establishing procedures for and instructing persons administering, grading or evaluating examination or testing procedures are included in this exemption, to the extent the disclosure would create a risk that the result might be affected. Idaho law also exempts certain tax documents from public disclosure. See , e. In Bolger v. Autopsy reports are not specifically exempted under the public records act.

    Generally, most county coroners treat them as available to the public. However, at least one law enforcement agency has taken the position that an autopsy record is a police investigatory record not available for public inspection. One exception to this rule is found under the unique circumstances presented in Henry v. Taylor , Idaho , P. There is no provision in the Act relating to public records requests for budgets, thus they are presumed to be open to disclosure.

    Most proprietary business records and trade secret information are exempt from inspection and copying.