Access to Public Records Act Request - Indiana

ACCESS TO PUBLIC RECORDS ACT REQUEST

State of Indiana

Indiana Access to Public Records Act, IC 5-14-3

REQUEST INFORMATION

Date of Request: [__/__/____]

Method of Delivery:

☐ U.S. Mail
☐ Electronic Mail
☐ Hand Delivery / In Person
☐ Facsimile
☐ Telephone (oral request)

PART I: REQUESTER IDENTIFICATION

Full Name: [________________________________]

Organization (if applicable): [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email Address: [________________________________]

Preferred Method of Response:

☐ Email to address above
☐ U.S. Mail to address above
☐ Available for in-person inspection
☐ Other: [________________________________]

PART II: PUBLIC AGENCY INFORMATION

To:

Records Custodian/Public Records Contact: [________________________________]

Public Agency Name: [________________________________]

Department/Division: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________]

Email: [________________________________]

Telephone: [________________________________]

PART III: LEGAL BASIS FOR REQUEST

Dear Records Custodian:

Pursuant to the Indiana Access to Public Records Act ("APRA"), IC 5-14-3, I hereby request access to and copies of the public records described below.

The Indiana General Assembly has declared as the public policy of the State of Indiana that "all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees." IC 5-14-3-1. APRA further provides that it shall be "liberally construed to implement this policy and place the burden of proof for the nondisclosure of a public record on the public agency that would deny access to the record and not on the person seeking to inspect and copy the record." IC 5-14-3-1.

Under IC 5-14-3-2, a "public record" means "any writing, paper, report, study, map, photograph, book, card, tape recording, or other material that is created, received, retained, maintained, or filed by or with a public agency and which is generated on paper, paper substitutes, photographic media, chemically based media, magnetic or machine readable media, electronically stored data, or any other material, regardless of form or characteristics."

PART IV: RECORDS REQUESTED

I request access to and/or copies of the following records:

Category 1:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Category 2:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Category 3:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Additional Records (if needed):

[________________________________]

[________________________________]

Record Types Sought (check all that apply):

☐ Correspondence (letters, emails, memoranda)
☐ Reports and studies
☐ Meeting minutes and agendas
☐ Contracts and agreements
☐ Financial records and budgets
☐ Personnel records (non-exempt portions)
☐ Policies, procedures, and guidelines
☐ Inspection reports
☐ Permits and applications
☐ Photographs, audio, or video recordings
☐ Electronic databases or data sets
☐ Maps, drawings, or diagrams
☐ Other: [________________________________]

PART V: FORMAT OF PRODUCTION

I request that responsive records be provided in the following format:

☐ Electronic format (preferred)
☐ Paper copies
☐ Both electronic and paper copies
☐ In-person inspection at agency office

Under IC 5-14-3-3(b), a public agency shall, upon request, provide a person with a copy of any public record. If the agency maintains the record in an electronic format, the agency shall provide the record in electronic format, if requested.

Specific Format Preferences:

☐ PDF format
☐ Native file format
☐ CSV or spreadsheet format for data
☐ Other: [________________________________]

PART VI: FEE PROVISIONS

A. Fee Limitations Under IC 5-14-3-8

I understand that under APRA:

1. Reasonable copying fees: A public agency may charge a fee for copying a public record that is a uniform fee established by the agency. IC 5-14-3-8(b).

2. Actual cost standard: The fee must reflect the actual cost of copying, including labor and material. IC 5-14-3-8(c).

3. No search fees: APRA does not authorize agencies to charge fees for searching for or retrieving records.

4. Electronic records: The agency may charge only the direct cost of producing the electronic copy, such as the cost of the medium. IC 5-14-3-8(d).

5. Enhanced access: If the request requires development of a program or reformatting of data, the agency may charge for the actual cost of developing the program. IC 5-14-3-8(g).

B. Fee Cap and Estimate

I agree to pay reasonable copying fees in accordance with APRA, up to a maximum of $[____]. If estimated fees exceed this amount, please provide a written estimate before proceeding and await my authorization.

C. Fee Waiver Request

☐ I request a fee waiver because this request serves the public interest.

Basis for Fee Waiver: [________________________________]

PART VII: RESPONSE DEADLINE

Under IC 5-14-3-3(b), the public agency must respond to this request within a reasonable time. Indiana law establishes the following specific timelines:

1. In-person or telephone requests: The agency must respond within 24 hours of the request. IC 5-14-3-3(b).

2. Written requests (mail, fax, or email): The agency must respond within seven (7) calendar days. IC 5-14-3-9(b).

The agency's response must:

1. Grant the request and provide the records;
2. Deny the request in writing, stating the specific statutory exemption(s) relied upon and a brief description of the record withheld; or
3. Acknowledge receipt and provide an estimate of the time needed to comply, if additional time is required.

Important: A failure to respond within the applicable timeframe constitutes a denial of the request for purposes of filing a complaint with the Public Access Counselor or commencing a civil action.

PART VIII: EXEMPTIONS AND SEGREGABILITY

If any portion of the requested records is claimed to be exempt from disclosure under IC 5-14-3-4, I request that the agency:

1. Cite the specific exemption relied upon for each withheld record or portion thereof;
2. Provide a written statement describing the nature of the withheld record and the grounds for denial with reasonable particularity, as required by IC 5-14-3-9(c);
3. Segregate and release all non-exempt portions of partially exempt records, as required by IC 5-14-3-6; and
4. Bear the burden of proof: The burden of proving that a record is exempt rests with the agency. IC 5-14-3-1.

Key Exemptions Under IC 5-14-3-4:

• IC 5-14-3-4(a)(1) - Records declared confidential by state or federal statute
• IC 5-14-3-4(a)(2) - Records required to be kept confidential by federal regulation
• IC 5-14-3-4(a)(4) - Records of a person's medical condition
• IC 5-14-3-4(a)(5) - Adoption records
• IC 5-14-3-4(a)(8) - Library records
• IC 5-14-3-4(b)(1) - Investigatory records of law enforcement (discretionary)
• IC 5-14-3-4(b)(2) - Work product of an attorney
• IC 5-14-3-4(b)(6) - Personnel file information (discretionary)
• IC 5-14-3-4(b)(7) - Administrative or technical information that would jeopardize a record-keeping system
• IC 5-14-3-4(b)(8) - Computer programs, computer codes, and filing systems
• IC 5-14-3-4(b)(14) - Deliberative materials (drafts, notes, recommendations)
• IC 5-14-3-4(b)(19) - Trade secrets
• IC 5-14-3-4(b)(26) - Security measures and emergency preparedness plans

Note: Subsection (a) exemptions are mandatory (the agency must withhold). Subsection (b) exemptions are discretionary (the agency may withhold).

PART IX: PRESERVATION OF RECORDS

This request serves as notice that all records responsive to this request must be preserved. Destruction of public records in violation of Indiana retention schedules or applicable law is prohibited. See IC 5-15-6-3 (Records retention schedules).

PART X: APPEAL AND ENFORCEMENT RIGHTS

I understand that, in the event of a denial, I have the following enforcement rights:

A. Complaint to the Public Access Counselor (IC 5-14-4)

I may file a formal complaint with the Indiana Public Access Counselor within the Office of the Inspector General. Under IC 5-14-5-6, the Public Access Counselor shall review the complaint and issue an advisory opinion.

Important: Consulting the Public Access Counselor is not a prerequisite to filing suit, but failure to do so may preclude a prevailing plaintiff from collecting attorney fees. IC 5-14-3-9(i).

The Public Access Counselor's contact information:

• Indiana Public Access Counselor
• Office of the Inspector General
• 315 West Ohio Street, Room 104
• Indianapolis, IN 46202

B. Judicial Enforcement (IC 5-14-3-9)

Any person denied the right to inspect or copy a public record may file an action in the circuit or superior court of the county in which the denial occurred. The court may:

1. Order the agency to disclose the records;
2. Enjoin the agency from withholding the records;
3. Issue a declaratory judgment.

C. Attorney Fees and Costs (IC 5-14-3-9(f))

If the requester substantially prevails, the court may award:

1. Reasonable attorney fees;
2. Court costs; and
3. Other reasonable expenses of litigation.

However, attorney fees may only be awarded if the requester first consulted the Public Access Counselor. IC 5-14-3-9(i).

D. Civil Penalties

Under IC 5-14-3-10, a person who knowingly or intentionally violates APRA commits a Class A infraction punishable by a fine of up to $10,000.

I reserve all rights to pursue administrative and judicial remedies available under Indiana law.

PART XI: ADDITIONAL PROVISIONS

A. No Purpose Requirement

Under APRA, a person does not need to state a purpose for requesting a public record. IC 5-14-3-3(a).

B. Duty to Assist

I request that the records custodian make reasonable efforts to assist me in identifying responsive records. If this request is unclear, please contact me for clarification rather than denying the request.

C. Forwarding

If this request has been directed to an office that does not maintain the requested records, I request that it be forwarded to the appropriate records custodian and that I be notified.

D. Communication

All communications regarding this request should be directed to the Requester at the contact information provided in Part I above.

PART XII: CERTIFICATION AND SIGNATURE

I certify that this request is made in good faith pursuant to the Indiana Access to Public Records Act. I understand that APRA guarantees the right of every person to inspect and copy the public records of a public agency, subject only to the statutory exemptions set forth in IC 5-14-3-4.

Signature: ___________________________________

Printed Name: [________________________________]

Title (if applicable): [________________________________]

Organization (if applicable): [________________________________]

Date: [__/__/____]

SOURCES AND REFERENCES

1. Indiana Access to Public Records Act (APRA), IC 5-14-3
2. IC 5-14-3-1 - Policy of full and complete information; liberal construction
3. IC 5-14-3-2 - Definitions (public record, public agency)
4. IC 5-14-3-3 - Right to inspect and copy; response timelines (24 hours in person; 7 days written)
5. IC 5-14-3-4 - Exemptions (mandatory and discretionary)
6. IC 5-14-3-6 - Segregability of non-exempt portions
7. IC 5-14-3-7 - Fee provisions
8. IC 5-14-3-8 - Copying fees (actual cost standard)
9. IC 5-14-3-9 - Judicial enforcement; attorney fees; civil penalties
10. IC 5-14-3-10 - Criminal penalties (Class A infraction)
11. IC 5-14-4 - Public Access Counselor
12. IC 5-14-5-6 - Public Access Counselor review and advisory opinions
13. IC 5-15-6-3 - Records retention schedules

This template is designed for use in the State of Indiana under the Access to Public Records Act, IC 5-14-3. It should be customized to the specific facts of each request and reviewed by a qualified Indiana attorney before submission. Laws and regulations may change; verify all citations before use.