WYOMING PUBLIC RECORDS ACT REQUEST

Comprehensive Template Under the Wyoming Public Records Act

Wyo. Stat. ss. 16-4-201 through 16-4-205

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OVERVIEW OF WYOMING'S PUBLIC RECORDS ACT

The Wyoming Public Records Act (WPRA) is codified at Wyo. Stat. ss. 16-4-201 through 16-4-205. Wyoming is one of the few states that has enshrined a constitutional right of access to public records. In 2004, Wyoming voters approved Article 1, Section 36 of the Wyoming Constitution, which provides:

"The right of the people to access information concerning the conduct of the public's business shall not be unreasonably restricted."

This constitutional provision strengthens the statutory right of access and provides an independent basis for challenging record denials.

Key Features of the Wyoming Public Records Act

• Constitutional Right: Wyoming Constitution Art. 1, s. 36 provides a constitutional right of access to public records, added by voter amendment in 2004.
• "Promptly" Standard: Records must be produced "promptly" upon request. Wyo. Stat. s. 16-4-202(a). There is no fixed statutory deadline in days.
• Public Records Ombudsman: Wyoming created a Public Records Ombudsman in 2019 to mediate disputes between requesters and agencies. Wyo. Stat. s. 16-4-201(d).
• Broad Definition: "Public records" means any information in a physical form created, accepted, or obtained by a governmental entity in furtherance of its official function and transaction of public business. Wyo. Stat. s. 16-4-201(a)(v).
• Both Mandatory and Discretionary Exemptions: The Act has both categories of exemptions under s. 16-4-203.
• Civil Penalties: Knowing and intentional violations subject the violator to a civil penalty of up to $750.00. Wyo. Stat. s. 16-4-204(a).
• District Court Review: Requesters denied access may apply to the district court for an order compelling disclosure. Wyo. Stat. s. 16-4-205.

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SECTION 1: PUBLIC RECORDS REQUEST LETTER

PUBLIC RECORDS REQUEST
Pursuant to the Wyoming Public Records Act
Wyo. Stat. ss. 16-4-201 through 16-4-205
and Wyoming Constitution Art. 1, s. 36

Date: [__/__/____]

TO (Records Custodian):

Name: [________________________________]
Title: [________________________________]
Governmental Entity: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Email: [________________________________]
Telephone: [________________________________]

FROM (Requester):

Name: [________________________________]
Title/Organization: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Email: [________________________________]
Telephone: [________________________________]

RE: Public Records Request Concerning [________________________________]

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Dear [________________________________]:

I. Legal Basis for Request

Pursuant to the Wyoming Public Records Act, Wyo. Stat. ss. 16-4-201 through 16-4-205, and Article 1, Section 36 of the Wyoming Constitution, I hereby request access to inspect and/or obtain copies of the public records described below.

Under Wyo. Stat. s. 16-4-202(a), all public records shall be open for inspection by any person at reasonable times during the hours the respective offices are open for business, and the custodian shall promptly make records available for inspection. The Wyoming Constitution further provides that the right of the people to access information concerning the conduct of the public's business shall not be unreasonably restricted.

II. Records Requested

I respectfully request that you search for and produce the following records:

Primary Request:

(a) [________________________________]

(b) [________________________________]

(c) [________________________________]

(d) [________________________________]

Additional Related Records:

(e) All indices, logs, databases, or record-keeping systems that would assist in identifying responsive records;

(f) All correspondence, emails, memoranda, and communications related to the above subject matter;

(g) All segregable, non-exempt portions of any records that may contain both exempt and non-exempt information.

Scope of Search:

• Date Range: From [__/__/____] to [__/__/____]
• Departments/Divisions to Search: [________________________________]
• Keywords or Search Terms: [________________________________]
• Record Types: [________________________________]
• Format of Original Records: [________________________________]

III. Format of Production

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

☐ Electronic copies in native format (preferred)
☐ Electronic copies in PDF format
☐ Paper copies (photocopies)
☐ Inspection at the governmental entity's offices during regular business hours
☐ Other: [________________________________]

Under Wyo. Stat. s. 16-4-202(a), I request that electronic records be provided in their native electronic format wherever practicable.

IV. Fee Provisions

I understand that the governmental entity may charge fees for copies of records as established by law or regulation. Under Wyo. Stat. s. 16-4-202(c), the custodian may charge a fee for copies, and I agree to pay reasonable costs as follows:

• I agree to pay up to $[____] without prior notification.
• If the estimated costs exceed that amount, please provide me with an itemized cost estimate before proceeding.

I note that under Wyoming law:
- The State may charge fees established by the Department of Administration and Information. Wyo. Stat. s. 16-4-202(c).
- Local governments may establish reasonable fee schedules.
- Inspection of records is generally free of charge.
- Fees should reflect actual costs and should not be used to discourage records requests.

V. Fee Waiver Request (If Applicable)

☐ I request a waiver or reduction of fees for the following reason(s):

[________________________________]

I note that the Public Records Ombudsman has the authority to waive any fees charged by a governmental entity. Wyo. Stat. s. 16-4-201(d)(iv). I respectfully request a fee waiver because:

☐ Disclosure is in the public interest and will contribute to public understanding of government operations.
☐ I am a member of the news media and the information will be disseminated to the public.
☐ I am a nonprofit organization seeking records for educational or research purposes.
☐ I am indigent and unable to pay the estimated costs.
☐ Other: [________________________________]

VI. Response Timeline

Under Wyo. Stat. s. 16-4-202(a), the custodian shall "promptly" make records available for inspection. While Wyoming does not impose a specific numerical deadline, I respectfully request a response within a reasonable time. If the governmental entity requires additional time, please provide written notice with an explanation and an estimated date of production.

If the request will take longer than [____] calendar days, please contact me to discuss the timeline and any steps that might expedite production.

VII. Denial Procedures

If the custodian determines that any records or portions of records are exempt from disclosure, I request that the denial:

(a) Be in writing;

(b) Specifically identify the exemption(s) under Wyo. Stat. s. 16-4-203 that are asserted as the basis for each denial;

(c) Explain how the cited exemption applies to the specific records withheld;

(d) Segregate and release all non-exempt portions of any partially exempt records;

(e) Notify me of my right to seek review by the Public Records Ombudsman under Wyo. Stat. s. 16-4-201(d); and

(f) Notify me of my right to seek district court review under Wyo. Stat. s. 16-4-205.

VIII. Preservation of Records

I hereby request that all records responsive to this request be preserved pending completion of this request. Please suspend any routine document destruction or retention schedules that may apply to the requested records.

IX. Contact Information

If you have questions regarding this request or need clarification to facilitate production, please contact me at the address, email, or telephone number listed above.

Thank you for your prompt attention to this matter.

Respectfully submitted,

Signature: ___________________________________________

Name: [________________________________]
Title: [________________________________]
Organization: [________________________________]
Date: [__/__/____]

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SECTION 2: RECORDS DESCRIPTION GUIDANCE

Drafting Effective Records Descriptions Under Wyoming Law

Under Wyoming's Public Records Act, the requester should describe records with sufficient specificity to enable the custodian to identify and locate them. While there is no formal specificity requirement, a well-drafted description will expedite production.

Sample Records Descriptions

Government Contracts and Procurement:

"All contracts, purchase orders, invoices, payment records, bid documents, proposals, evaluation criteria, and related correspondence between [Governmental Entity] and [Vendor/Contractor Name] from [Start Date] through [End Date], including all amendments, modifications, and change orders."

Personnel and Employment Records:

"All records relating to the hiring, disciplinary action, or termination of [Employee Name/Position Title] within [Department Name] from [Start Date] through [End Date], including job postings, applications, interview records, performance evaluations, disciplinary actions, and separation documents, to the extent not exempt under Wyo. Stat. s. 16-4-203(d)(v) or other applicable law."

Law Enforcement Records:

"All incident reports, arrest records, dispatch logs, body-worn camera footage, use-of-force reports, witness statements, and investigative records relating to Case/Incident No. [Number] occurring on or about [Date] at [Location], to the extent not exempt under Wyo. Stat. s. 16-4-203(b)(i) or (d)(i)."

Financial and Budget Records:

"All budget documents, financial statements, expenditure reports, revenue reports, audit reports, check registers, and related supporting documentation for [Governmental Entity/Department] for fiscal years [Year] through [Year]."

Environmental and Natural Resources Records:

"All inspection reports, permits, compliance records, monitoring data, water quality reports, and related correspondence pertaining to [Facility/Site/Well Name] located at [Location] from [Start Date] through [End Date]."

Emails and Electronic Communications:

"All emails sent to or from [Name/Email Address] during the period of [Start Date] through [End Date] containing the following search terms: [Term 1], [Term 2], [Term 3], including all attachments thereto."

Meeting and Board Records:

"All agendas, minutes, audio/video recordings, handouts, presentations, resolutions, and supporting materials for meetings of the [Board/Commission/Council Name] held from [Start Date] through [End Date]."

Public Land and Resource Records:

"All records relating to the lease, sale, or disposition of public lands located at [Description/Legal Description] including appraisals, bids, environmental assessments, and all correspondence between [Governmental Entity] and any interested parties from [Start Date] through [End Date]."

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SECTION 3: FEE PROVISIONS

Detailed Analysis of Fee Structure Under Wyo. Stat. s. 16-4-202

A. State Agency Fees

For state agencies, fees are established by the Department of Administration and Information. Wyo. Stat. s. 16-4-202(c). Common fee schedules include:

Cost Category	Typical Charge	Statutory Basis
Photocopies (standard)	Varies by agency (typically $0.25-$0.50/page)	s. 16-4-202(c)
Electronic copies	Cost of medium plus actual staff time	s. 16-4-202(c)
Certified copies	Additional certification fee	s. 16-4-202(c)
Mailing/postage	Actual cost	s. 16-4-202(c)
Research/compilation	May be charged for extensive research	s. 16-4-202(c)

B. Local Government Fees

Counties, cities, and towns may establish their own reasonable fee schedules for copies of public records. Fees should be:
- Reasonable and reflect actual costs;
- Not used as a mechanism to discourage records requests;
- Published and consistently applied.

C. Inspection (Generally Free)

Under Wyo. Stat. s. 16-4-202(a), in-person inspection of records during regular business hours is generally free of charge. Fees apply when copies are requested.

D. Ombudsman Authority to Waive Fees

The Public Records Ombudsman has the authority to waive any fees charged by a governmental entity. Wyo. Stat. s. 16-4-201(d)(iv). This is a unique feature of Wyoming law that provides an alternative avenue for fee relief.

E. Fee Disputes

If a requester believes fees are excessive or unreasonable, the requester may:
- Request an itemized breakdown;
- Challenge the fees through the Ombudsman;
- Seek relief in district court under Wyo. Stat. s. 16-4-205.

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SECTION 4: RESPONSE TIMELINE

Wyoming's "Promptly" Standard

A. Statutory Standard

Wyoming does not impose a specific numerical deadline for responding to records requests. Wyo. Stat. s. 16-4-202(a) provides that the custodian shall "promptly" make records available for inspection.

B. What "Promptly" Means

Courts have interpreted "promptly" to require production within a reasonable time under the circumstances. Factors considered include:

• The scope and complexity of the request;
• The volume of responsive records;
• The need to review records for exemptions;
• The governmental entity's staffing and resources;
• Whether the requester has been provided with status updates.

C. Ombudsman's Role in Timeliness

Under Wyo. Stat. s. 16-4-201(d), the Public Records Ombudsman may:

• Determine whether a governmental entity has demonstrated good cause for untimely responses;
• Prescribe timelines for the release of records;
• Mediate disputes regarding response times.

D. Good Cause for Delay

Under Wyo. Stat. s. 16-4-202(b), "good cause" for delay includes consideration of whether:

• The records are privileged or confidential by law;
• Release would impair or impede the governmental entity's ability to discharge its other duties;
• The request is exceptionally voluminous or requires extensive search, compilation, or review.

E. Constructive Denial

An unreasonable delay in responding to a records request may be treated as a constructive denial, which triggers the requester's right to seek review by the Ombudsman or district court.

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SECTION 5: EXEMPTIONS OVERVIEW

Comprehensive Guide to Wyoming Public Records Act Exemptions

The Wyoming Public Records Act contains both mandatory and discretionary exemptions, found in Wyo. Stat. s. 16-4-203.

A. Mandatory Exemptions (s. 16-4-203(d)) - "Contrary to the Public Interest"

These records shall not be disclosed:

Exemption	Citation	Description
Law enforcement investigation records	s. 16-4-203(d)(i)	Investigatory records compiled for law enforcement purposes, to the extent disclosure would interfere with enforcement proceedings
Testing materials	s. 16-4-203(d)(ii)	Test questions, scoring keys, and other examination data used for licensing, employment, or academic examinations
Real estate appraisals	s. 16-4-203(d)(iii)	Real estate appraisals made for the purpose of acquiring property for public use, prior to the acquisition
Research projects	s. 16-4-203(d)(iv)	Details of research projects conducted by or through state institutions of higher education
Labor negotiations	s. 16-4-203(d)(v)	Records related to labor negotiations
School disciplinary records	s. 16-4-203(d)(vi)	School board and university student disciplinary records
Library circulation records	s. 16-4-203(d)(vii)	Library patron records and circulation information
Hospital patient records	s. 16-4-203(d)(viii)	Medical records of patients at publicly funded hospitals and health care facilities
Trade secrets	s. 16-4-203(d)(ix)	Trade secrets, privileged information, and confidential commercial or financial information
Computer security	s. 16-4-203(d)(x)	Computer system and network security information
Critical infrastructure	s. 16-4-203(d)(xi)	Critical infrastructure protection information
Homeland security	s. 16-4-203(d)(xii)	Homeland security records and plans
Personal identifying info	s. 16-4-203(d)(xiii)	Social security numbers, driver's license numbers, and similar personal identifying information
Archaeological sites	s. 16-4-203(d)(xiv)	Locations of archaeological, paleontological, and historical sites
Abuse/neglect records	s. 16-4-203(d)(xv)	Child abuse and neglect investigation records
Sexual assault victims	s. 16-4-203(d)(xvi)	Identity of sexual assault victims

B. Discretionary Exemptions (s. 16-4-203(b)) - "May Be Denied"

The custodian may deny access to the following:

Exemption	Citation	Description
Law enforcement records	s. 16-4-203(b)(i)	Records of law enforcement agencies dealing with detection and investigation of crime, including internal use records
Personal information in personnel files	s. 16-4-203(b)(ii)	Personnel files and personal information in files maintained in connection with employment
Letters of reference	s. 16-4-203(b)(iii)	Letters of reference
Inter-agency/intra-agency advisory communications	s. 16-4-203(b)(iv)	Inter-agency or intra-agency advisory, consultative, or deliberative material
Medical records	s. 16-4-203(b)(v)	Medical, psychiatric, or psychological records
Attorney-client privilege	s. 16-4-203(b)(vi)	Records protected by the attorney-client privilege
Competitive bidding	s. 16-4-203(b)(vii)	Sealed bids until the bid opening

C. Confidentiality Provisions in Other Statutes

Additional exemptions exist throughout Wyoming statutes, including but not limited to:

• Tax records: Wyo. Stat. s. 39-11-103(b)(xi)
• Juvenile records: Wyo. Stat. s. 14-6-203
• Adoption records: Wyo. Stat. s. 1-22-109
• Voter registration (certain fields): Wyo. Stat. s. 22-3-109
• Grand jury proceedings: Wyo. Stat. s. 7-5-107
• Workers' compensation records: Wyo. Stat. s. 27-14-616
• Substance abuse records: 42 C.F.R. Part 2
• Student educational records: FERPA (20 U.S.C. s. 1232g)

D. Segregability Requirement

If a record contains both exempt and non-exempt information, the governmental entity must segregate and release the non-exempt portions. Only the specifically exempt information may be redacted; the remainder must be disclosed. Wyo. Stat. s. 16-4-203(a).

E. News Media Access

Under Wyo. Stat. s. 16-4-203(c), records of initial arrest compiled by law enforcement agencies shall be made available to the news media for inspection and copying at the news media's expense. This provision ensures that basic arrest information is publicly available.

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SECTION 6: APPEAL PROCEDURES

Ombudsman Review, Administrative, and Judicial Remedies

A. Public Records Ombudsman (First Level - Optional)

Wyoming created the Public Records Ombudsman in 2019 (Wyo. Stat. s. 16-4-201(d)) as a non-adversarial dispute resolution mechanism. The Ombudsman:

• Is designated by the Governor;
• Mediates disputes between requesters and governmental entities;
• May determine if a governmental entity has demonstrated good cause for untimely responses;
• May prescribe timelines for the release of records;
• May waive any fees charged by the governmental entity;
• Provides an informal, low-cost alternative to court action.

How to Contact the Ombudsman:
- Through the Governor's Office: Governor's Website
- Requesters are not required to use the Ombudsman before seeking judicial review.

B. District Court Review (Judicial Review)

Under Wyo. Stat. s. 16-4-205:

Filing: A person denied access to a record may apply to the district court of the district in which the record is located for an order directing the custodian to show cause why the record should not be produced.

Standard of Review: The court reviews the denial and determines whether the governmental entity properly applied the exemption.

Burden of Proof: The governmental entity bears the burden of demonstrating that the exemption applies and that denial was proper.

In Camera Review: The court may examine records in camera (privately) to determine whether exemptions apply.

Scope: The court may address all issues relating to the Public Records Act, including an agency's failure to comply with an order from the Public Records Ombudsman.

Appeal: A party may appeal the district court's decision to the Wyoming Supreme Court.

C. Attorney's Fees

Wyoming law does not contain a specific statutory provision for the award of attorney's fees in public records cases. However:
- Attorney's fees may be available under general equitable principles;
- The court has inherent authority to award costs;
- Civil penalties under s. 16-4-204 may provide indirect relief.

D. Civil Penalties

Under Wyo. Stat. s. 16-4-204(a):

• Any person who knowingly and intentionally violates the provisions of the Wyoming Public Records Act is liable for a civil penalty of up to $750.00.
• The penalty may be recovered in a civil action filed by any person.
• Damages may be assessed by the court in addition to the penalty.

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SECTION 7: APPEAL LETTER / OMBUDSMAN COMPLAINT TEMPLATE

Option A: Letter to Public Records Ombudsman

COMPLAINT TO THE WYOMING PUBLIC RECORDS OMBUDSMAN

Date: [__/__/____]

TO:

Wyoming Public Records Ombudsman
Office of the Governor
State Capitol Building
200 West 24th Street
Cheyenne, WY 82002

FROM:

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Email: [________________________________]
Telephone: [________________________________]

RE: Public Records Dispute with [________________________________]

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Dear Public Records Ombudsman:

I write to file a complaint regarding my public records request submitted on [__/__/____] to [Governmental Entity Name], pursuant to the Wyoming Public Records Act, Wyo. Stat. ss. 16-4-201 through 16-4-205.

Nature of the Dispute

☐ The governmental entity denied access to requested records.
☐ The governmental entity failed to respond promptly (request has been pending since [__/__/____]).
☐ The governmental entity charged excessive or unreasonable fees of $[____].
☐ The governmental entity failed to segregate and release non-exempt portions.
☐ The governmental entity's denial did not identify specific statutory exemptions.
☐ Other: [________________________________]

Summary of Request and Response

Original Request: [________________________________]

Date of Request: [__/__/____]

Response Received (if any): [________________________________]

Date of Response: [__/__/____]

Exemptions Cited (if any): [________________________________]

Relief Requested

I respectfully request that the Ombudsman:

☐ Mediate this dispute between myself and the governmental entity;
☐ Determine whether the governmental entity has demonstrated good cause for its untimely response;
☐ Prescribe a timeline for the release of the requested records;
☐ Waive any fees charged by the governmental entity;
☐ Other: [________________________________]

Enclosed are copies of:
☐ My original records request
☐ The governmental entity's response/denial (if any)
☐ Any follow-up correspondence
☐ Fee estimate or invoice (if applicable)

Respectfully submitted,

Signature: ___________________________________________

Name: [________________________________]
Date: [__/__/____]

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Option B: Appeal Letter to Governmental Entity

APPEAL OF PUBLIC RECORDS DENIAL / DEMAND FOR RECONSIDERATION

Date: [__/__/____]

TO:

Name: [________________________________]
Title: [________________________________]
Governmental Entity: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

FROM:

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Email: [________________________________]

RE: Appeal of Public Records Denial Dated [__/__/____]

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Dear [________________________________]:

I write to formally appeal and/or seek reconsideration of your denial, dated [__/__/____], of my public records request submitted on [__/__/____] under the Wyoming Public Records Act, Wyo. Stat. ss. 16-4-201 through 16-4-205, and Wyoming Constitution Art. 1, s. 36.

Basis for Appeal

Your denial is legally insufficient for the following reasons:

☐ The cited exemption under Wyo. Stat. s. 16-4-203 does not apply to the requested records.
☐ The denial failed to identify specific statutory exemptions.
☐ The denial failed to explain how the cited exemption applies to the specific records.
☐ The governmental entity failed to release segregable, non-exempt portions.
☐ The governmental entity's response was unreasonably delayed, violating the "promptly" standard.
☐ The fees charged are excessive or unreasonable.
☐ The denial violates the constitutional right of access under Wyoming Constitution Art. 1, s. 36.
☐ Other: [________________________________]

Specific Objections

[________________________________]

[________________________________]

Demand for Production

I demand that the governmental entity reconsider its denial and produce the requested records within [____] calendar days.

Notice of Intent to Seek Further Relief

If the records are not produced or a satisfactory response is not received, I intend to:

(a) File a complaint with the Public Records Ombudsman pursuant to Wyo. Stat. s. 16-4-201(d);
(b) Apply to the District Court of [________________________________] County for an order directing the governmental entity to show cause why the records should not be produced, pursuant to Wyo. Stat. s. 16-4-205;
(c) Seek civil penalties of up to $750.00 for knowing and intentional violations pursuant to Wyo. Stat. s. 16-4-204(a);
(d) Seek such other relief as the court deems just and proper.

Respectfully submitted,

Signature: ___________________________________________

Name: [________________________________]
Date: [__/__/____]

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SECTION 8: ENFORCEMENT MECHANISMS

Penalties, Civil Actions, and Damages

A. Civil Penalties

Under Wyo. Stat. s. 16-4-204(a):

Violation	Penalty	Recovery Mechanism
Knowing and intentional violation	Up to $750.00	Civil action by any person
Additional damages	As assessed by court	Civil action

The $750.00 civil penalty applies to any person who knowingly and intentionally violates the Act. This includes not only outright denial but also:
- Unreasonable delay in producing records;
- Failure to segregate exempt and non-exempt information;
- Charging excessive or unauthorized fees;
- Destruction of records to avoid disclosure.

B. District Court Order

Under Wyo. Stat. s. 16-4-205:

• The district court may issue an order directing the custodian to show cause why the records should not be produced;
• The court may order production of improperly withheld records;
• The court may address all issues relating to the Public Records Act;
• The court may address failures to comply with Ombudsman orders.

C. Constitutional Enforcement

Because Wyoming's right of access is constitutionally protected (Art. 1, s. 36), denials may also be challenged on constitutional grounds, potentially providing broader remedies than the statutory framework alone.

D. Ombudsman Enforcement

While the Ombudsman does not have binding enforcement authority, the Ombudsman can:
- Prescribe timelines for record release;
- Waive fees;
- Make determinations about good cause for delay;
- Refer matters for further action.

Failure to comply with an Ombudsman determination may be raised in a subsequent district court proceeding.

E. Contempt of Court

Failure to comply with a district court order compelling disclosure may result in contempt proceedings, including potential fines and other sanctions.

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SECTION 9: FOLLOW-UP LETTER TEMPLATE

FOLLOW-UP TO PUBLIC RECORDS REQUEST

Date: [__/__/____]

TO:

Name: [________________________________]
Title: [________________________________]
Governmental Entity: [________________________________]
Address: [________________________________]

FROM:

Name: [________________________________]
Address: [________________________________]
Email: [________________________________]

RE: Follow-Up to Public Records Request Dated [__/__/____]

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Dear [________________________________]:

I write to follow up on my public records request submitted on [__/__/____] pursuant to the Wyoming Public Records Act, Wyo. Stat. ss. 16-4-201 through 16-4-205, and Wyoming Constitution Art. 1, s. 36.

☐ To date, I have not received any response to my request.
☐ I received an acknowledgment on [__/__/____] but have not received the requested records.
☐ I received a partial production on [__/__/____] but the following records remain outstanding: [________________________________]
☐ I received a denial on [__/__/____] that did not comply with the requirements of Wyo. Stat. s. 16-4-203.

Under Wyo. Stat. s. 16-4-202(a), the custodian shall "promptly" make records available for inspection. It has now been [____] days since my original request, which I believe exceeds any reasonable timeframe.

The Wyoming Constitution, Art. 1, s. 36, provides that the right to access information concerning the conduct of the public's business shall not be unreasonably restricted. Continued delay constitutes an unreasonable restriction on my constitutional right of access.

I respectfully request that you:

☐ Immediately produce all responsive records;
☐ Provide a written status update with an estimated date of production;
☐ Provide a written explanation for the delay, including the specific "good cause" under Wyo. Stat. s. 16-4-202(b) justifying the delay;
☐ Identify any records being withheld and the specific statutory exemption for each.

If I do not receive a satisfactory response within [____] calendar days, I may file a complaint with the Public Records Ombudsman under Wyo. Stat. s. 16-4-201(d) and/or seek judicial relief under Wyo. Stat. s. 16-4-205.

Respectfully,

Signature: ___________________________________________

Name: [________________________________]
Date: [__/__/____]

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SECTION 10: FEE WAIVER REQUEST TEMPLATE

REQUEST FOR WAIVER OR REDUCTION OF PUBLIC RECORDS FEES

Date: [__/__/____]

TO:

Name: [________________________________]
Title: [________________________________]
Governmental Entity: [________________________________]
Address: [________________________________]

FROM:

Name: [________________________________]
Organization: [________________________________]
Address: [________________________________]

RE: Fee Waiver Request for Public Records Request Dated [__/__/____]

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Dear [________________________________]:

I write to request a waiver or reduction of fees associated with my public records request dated [__/__/____], submitted pursuant to the Wyoming Public Records Act, Wyo. Stat. ss. 16-4-201 through 16-4-205.

Basis for Fee Waiver Request

I request a fee waiver or reduction for the following reasons:

☐ Public Interest Purpose: The records will contribute significantly to public understanding of [________________________________] and will be widely disseminated.

☐ News Media Purpose: I am a journalist/reporter for [________________________________] and the records are sought for publication.

☐ Nonprofit/Educational Purpose: I represent [________________________________], a nonprofit organization, and the records are sought for educational or research purposes.

☐ Government Oversight: The records are sought for purposes of evaluating government performance or accountability regarding [________________________________].

☐ Indigency: I am unable to afford the estimated fees of $[____].

☐ Other: [________________________________]

Supporting Facts

[________________________________]

[________________________________]

Ombudsman Fee Waiver Authority

I note that under Wyo. Stat. s. 16-4-201(d)(iv), the Public Records Ombudsman has the authority to waive any fees charged by a governmental entity. If this fee waiver request is denied, I may seek relief from the Ombudsman.

Respectfully,

Signature: ___________________________________________

Name: [________________________________]
Date: [__/__/____]

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SECTION 11: DOCUMENTATION CHECKLIST

Pre-Submission Checklist

☐ Identified the correct governmental entity and custodian of the records sought
☐ Confirmed the entity falls within the definition of "governmental entity" under Wyo. Stat. s. 16-4-201(a)(ii)
☐ Drafted a clear and specific description of the records requested
☐ Specified a date range for the request
☐ Specified the desired format for production (electronic, paper, or inspection)
☐ Included requester's name and contact information
☐ Set a fee cap and included fee limitation language
☐ Included fee waiver request (if applicable)
☐ Referenced the Wyoming Public Records Act and the Wyoming Constitution Art. 1, s. 36
☐ Included request for segregation of exempt and non-exempt portions
☐ Included records preservation request
☐ Included denial procedure requirements
☐ Reviewed the request for clarity and completeness
☐ Made a copy of the request for your records
☐ Sent the request via certified mail, email, or hand delivery
☐ Noted the date of submission for timeline tracking

Post-Submission Tracking Checklist

☐ Logged the date the request was submitted: [__/__/____]
☐ Logged the method of delivery: [________________________________]
☐ Logged the date of any acknowledgment received: [__/__/____]
☐ Logged any interim communications or status updates
☐ Assessed whether response was received "promptly" under Wyo. Stat. s. 16-4-202(a)
☐ Logged the date records were produced: [__/__/____]
☐ Reviewed records for completeness and responsiveness
☐ Identified any records withheld and the stated exemption basis
☐ Reviewed any redactions for compliance with the Act
☐ Verified fees charged against applicable fee schedules
☐ Filed all correspondence and records for future reference

Appeal Preparation Checklist

☐ Reviewed the denial letter for compliance with Wyo. Stat. s. 16-4-203
☐ Identified the specific exemptions cited for each denial
☐ Determined whether exemptions are mandatory (s. 16-4-203(d)) or discretionary (s. 16-4-203(b))
☐ Researched the cited exemptions and applicable Wyoming case law
☐ Assessed whether segregable non-exempt portions were released
☐ Considered filing complaint with Public Records Ombudsman
☐ Drafted complaint to Ombudsman or appeal letter to governmental entity
☐ Consulted with an attorney regarding district court action (if applicable)
☐ Prepared application for show cause order under Wyo. Stat. s. 16-4-205 (if applicable)
☐ Preserved all correspondence and documentation

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SECTION 12: KEY DIFFERENCES FROM FEDERAL FOIA

Comparison: Wyoming Public Records Act vs. Federal FOIA

Feature	Wyoming Public Records Act	Federal FOIA (5 U.S.C. s. 552)
Constitutional Right	Yes (Art. 1, s. 36, adopted 2004)	No (statutory only)
Response Deadline	"Promptly" (no fixed deadline)	20 business days (with 10-day extension)
Administrative Appeal	Ombudsman (optional, non-binding)	Required before judicial review
Judicial Review	District court (show cause order)	Federal district court (de novo)
Fee Structure	Varies by entity; Ombudsman may waive	Commercial, educational/media, other categories
Fee Waiver	Ombudsman authority to waive all fees	Statutory public interest criteria
Burden of Proof	On the governmental entity	On the agency
Attorney's Fees	No specific statutory provision	Substantially prevailed standard
Civil Penalties	Up to $750.00 per violation	No monetary penalties on agency
Purpose of Request	Not required	Not required
Scope	State and local government	Federal agencies only
Ombudsman	Yes (created 2019)	FOIA Ombudsman (OGIS, advisory)
Exemption Types	Mandatory and discretionary	Nine specific exemptions

Notable Wyoming-Specific Features

1. Constitutional Right of Access: Wyoming is one of a handful of states with a constitutional provision guaranteeing access to public records (Art. 1, s. 36, adopted 2004). This provides an independent basis for challenging denials that may survive legislative changes to the statutory framework.

2. Public Records Ombudsman: Created in 2019, the Ombudsman provides a free, informal dispute resolution mechanism. The Ombudsman's authority to waive fees and prescribe timelines is particularly valuable.

3. Dual Exemption Structure: The distinction between mandatory exemptions ("shall not be disclosed") and discretionary exemptions ("may be denied") gives custodians flexibility while requiring denial of truly sensitive records.

4. Civil Penalties Against Individuals: The $750.00 civil penalty applies to any person who knowingly and intentionally violates the Act, creating personal accountability for custodians.

5. No Fixed Response Deadline: Like Wisconsin, Wyoming uses a "promptly" standard rather than a fixed number of days, which provides flexibility but may lead to delays.

6. Good Cause Provision: The statutory "good cause" provision for delayed responses (s. 16-4-202(b)) provides a formal framework for evaluating timeliness.

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SECTION 13: STATE-SPECIFIC NOTES

Important Wyoming-Specific Considerations

A. Constitutional Foundation

Wyoming Constitution Art. 1, s. 36 (adopted by voter amendment in 2004) provides:

"The right of the people to access information concerning the conduct of the public's business shall not be unreasonably restricted."

This constitutional provision:
- Provides an independent basis for challenging denials beyond the statutory framework;
- Creates a constitutional standard of "unreasonable restriction" that may provide broader protection than the statutory exemptions;
- Cannot be overridden by simple legislative action (requires constitutional amendment);
- Has been cited by Wyoming courts as a basis for interpreting the statutory framework broadly in favor of access.

B. Public Records Ombudsman (2019 Addition)

The Ombudsman role was created by the 2019 amendments to the Wyoming Public Records Act. Key points:

• Designated by the Governor;
• Located within the Governor's Office;
• Serves as a mediator and informal adjudicator;
• Has authority to prescribe timelines and waive fees;
• Does not have binding enforcement authority (cannot compel production);
• Use of the Ombudsman is voluntary and not a prerequisite to court action.

C. "Governmental Entity" Definition

Under Wyo. Stat. s. 16-4-201(a)(ii), a "governmental entity" means any authority, bureau, board, commission, agency, department, or division of the state or a political subdivision, including cities, towns, counties, school districts, community college districts, and special districts.

D. No Requirement to Create Records

The WPRA does not require governmental entities to create new records, compile information from multiple sources, or answer questions. However, if responsive records exist in electronic format, the entity may be expected to perform reasonable electronic searches.

E. Commercial Purpose Requests

Wyoming does not impose special restrictions or higher fees for records requests made for commercial purposes.

F. Email and Electronic Records

Emails and electronic communications created or received by government employees in the course of official business constitute public records under the WPRA, regardless of the device or platform used.

G. Natural Resources and Energy Industry Records

Given Wyoming's significant energy industry, records requests related to oil, gas, coal, and mineral operations are common. Exemptions for trade secrets and competitive commercial information under s. 16-4-203(d)(ix) may apply to certain proprietary data submitted by industry to government agencies.

H. Public Land Records

Wyoming has extensive public lands, and records related to public land management, leases, and dispositions are generally public under the WPRA. The Bureau of Land Management (federal) records would be subject to federal FOIA, not the WPRA.

I. Tribal Government Records

Records of tribal governments (e.g., Wind River Reservation) are not subject to the Wyoming Public Records Act. Tribal governments operate under their own sovereignty and open records policies.

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SECTION 14: SOURCES AND REFERENCES

Primary Legal Sources

• Wyoming Statutes Title 16, Chapter 4, Article 2: Wyoming Legislature
• Wyo. Stat. s. 16-4-201 (Definitions): Justia
• Wyo. Stat. s. 16-4-202 (Public Records Open): Justia
• Wyo. Stat. s. 16-4-203 (Inspection; Denial; Exceptions): Justia
• Wyo. Stat. s. 16-4-204 (Penalties): Justia
• Wyo. Stat. s. 16-4-205 (District Court Review): Justia
• Wyoming Constitution Art. 1, s. 36: Wyoming Legislature

Key Case Law

• Houghton v. Franscell, 870 P.2d 1050 (Wyo. 1994)
• Allsop v. Cheyenne Newspapers, Inc., 2002 WY 22, 39 P.3d 1092
• Sheridan Newspapers, Inc. v. City of Sheridan, 660 P.2d 785 (Wyo. 1983)
• Laramie County Board of County Commissioners v. Cheyenne Newspapers, Inc., 2013 WY 44, 299 P.3d 78

Government Resources

• Wyoming Public Records Ombudsman: Governor's Office
• Reporters Committee Open Government Guide - Wyoming: RCFP
• Wyoming Press Association - Public Record Laws: WPA
• Wyoming FOIA Procedures - Ballotpedia: Ballotpedia
• Wyoming Legislative Service Office - Public Records Law Survey (2025): WyoLeg

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This template is provided for informational purposes only and does not constitute legal advice. Consult with a qualified Wyoming attorney before submitting any public records request or pursuing legal action. Laws and procedures may change; verify all citations against current statutory text.